V. Emmanuel v. The General Manager, South Central Railway And Anoter

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.252 of 2006 ORDER: (Per the Hon'ble Sri Justice Abhinand Kumar Shavili) Aggrieved by the order dated 06.07.2005 passed in O.A.No.544 of 2005 passed by the Central Administrative Tribunal, Hyderabad, the present writ petition has been filed. Heard Chintalapudi Lakhsmi Kumari, learned counsel for the petitioner and Smt K.Mani Deepika, learned Standing Counsel appearing for the respondents.

It is the case of the petitioner that he is working as a peon and he is fully eligible and qualified to be promoted to Group-C post. However, his claim was rejected by the respondents vide order dated 20.04.2005. Aggrieved by the same, he has filed O.A.No.544 of 2005 before the Central Administrative Tribunal, Hyderabad. The Tribunal vide order dated 06.07.2005 dismissed the said OA. Hence, the present writ petition.

AKS,J & RRN,J W.P.No.252 of 2006 Learned counsel appearing for the petitioner had contended that though the petitioner is fully eligible and qualified to be promoted to Group-C post, the respondents have rejected the case of the petitioner. Therefore, appropriate orders be passed in the writ petition directing the respondents to consider the case of petitioner for promotion to the post of Group-C, if he is otherwise eligible in accordance with the Rules. Learned Standing Counsel appearing for the respondents had contended that the petitioner does not come within the zone of consideration for promotion to the post of Group-C. Admittedly, petitioner secured less marks in the selection process and the respondents have rightly rejected the case of the petitioner for promotion to the post of Group-C and the Tribunal was justified in dismissing the O.A. Therefore, there are no merits in the writ petition and the same is liable to be dismissed.

AKS,J & RRN,J W.P.No.252 of 2006 Having considered the rival submissions made by the learned counsel on either side, this Court is of the view that this writ petition can be disposed of directing the respondents to consider the case of petitioner for promotion to the post of Group-C, if the petitioner is otherwise eligible in accordance with law as and when the respondents undertake the exercise of promotions to the post of Group-C.

Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications pending, if any, shall stand closed.

_______________________ ABHINAND KUMAR SHAVILI`, J __________________________ NAMAVARAPU RAJESHWAR RAO, J Date: 13.10.2022 Pss/rkk