Sri K.Papaiah, v. The Chief General Manager,

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO AND THE HON'BLE MRS. JUSTICE ANIS WRIT PETITION No. 24877 OF 2002 O R D E R: (per Hon'ble Sri Justice Nooty Ramamohana Rao) This matter is a very old matter.

When it appeared on 06.10.2015 under the caption "specially identified cases", the learned counsel for the petitioner sought for time by a week to secure necessary instructions in the matter, whereas none appears today when the matter is called.

The cause in this Writ Petition relates to the promotion accorded to the 3rd respondent under the point reserved for Scheduled Castes candidates instead of according such promotion to the petitioner. O.A.No. 59 of 2001 instituted by the petitioner before the Central Administrative Tribunal, Hyderabad Bench was dismissed. The Tribunal has noticed that one Sri J. Govindaiah was senior to the petitioner. He was promoted on 01.07.1995, but however, there was some doubt entertained with regard to the social status claim of Sri J. Govindaiah. When the matter was referred, it has been revealed that the caste to which Sri J. Govindaiah belongs is not included in the list of Scheduled Castes insofar as the State of Andhra Pradesh is concerned. In such circumstances, Sri J. Govindaiah was reverted with effect from 01.07.1999, pending inquiry against him.

Consequently, the vacancy is liable to be treated to have arisen only on 01.07.1999 but not on 01.07.1995, the original date on which Sri J. Govindaiah was promoted. The view taken by the Tribunal is not an unreasonable one, calling for our interference. Hence, the Writ Petition stands dismissed. No costs. Consequently, the miscellaneous applications, if any shall also stand dismissed.

----------------------------------------- NOOTY RAMAMOHANA RAO, J

------------- ANIS, J 13th October 2015 ksld