Andhra Pradesh High Court - Amravati
Dr. Sk. Shavukath Ali vs State Of Andhra Pradesh on 19 April, 2022
Bench: B Krishna Mohan
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HIGH COURT OF ANDHRA PRADESH
MAIN CASE No: W.P.NO.10864 OF 2022
PROCEEDINGS SHEET
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1. 19.04.2022 BKM, J
W.P.No.10864 of 2022
Heard the learned counsel for the
petitioner.
The learned Government Pleader for
Services-IV takes notice for the respondents
and seeks time to file counter.
The counsel for the petitioner submits
that the petitioner was Associate Professor in
Forensic Medicine at Andhra Medical
College, Visakhapatnam and he was sent to
A.P. Police Academy in the course of
employment on deputation as Teaching
faculty. Thereafter he came back to the parent
department. Subsequently as his period of
work in AP Police Academy was not
considered for the purpose of seniority, then
he filed OA before the erstwhile Tribunal in
O.A.No.1969 of 2018. The same was allowed
vide judgment dated 30.01.2019 directing the
respondents therein to consider his seniority
and give him appropriate posting as
Associate Professor in Forensic Medicine
within six weeks from the date of receipt of
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that order. Consequently after six months
only he was promoted as Associate Professor
on 04.06.2019. Thereafter the department has
prepared the provisional seniority list of
Associate Professor of Forensic Medicine of
the panel year 2021-22 wherein his seniority
was shown at Sl.No.7 below the juniors in
the cadre of Assistant Professors. Aggrieved
by the same he made representation to the
respondent No.2 on 15.02.2022 seeking
correction of his seniority position in the
seniority list of Associate Professors but the
same was not yet considered. Without
finalizing the final seniority list in the cadre
of Associate Professors, the department has
taken up promotions for the post of
Professors vide proceedings of the respondent
No.2 dated 13.04.2022 wherein the list of
eligible candidates was prepared in which the
petitioner's name is not figured under the
head of forensic medicine department.
In view of the same, he is being deprived of
the opportunity to be considered for
promotion to the post of Professor.
On the other hand, the learned
Government Pleader submits that the service
particulars of the petitioner has to be verified
by the authorities concerned and the seniority
position has to be determined in accordance
with law and as such at this juncture for
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considering the petitioner for promotion to
the post of Professor is not feasible and
possible. Hence seeks time for filing a
detailed counter.
In view of the above said facts and
circumstances, to meet the ends of justice it is
observed that any selection made pursuant to
the proceedings of the respondent No.2 dated
13.04.2022 for the post of Professor of
Forensic Medicine department is subject to
outcome of this writ petition.
Post after Summer Vacation, 2022 for
filing counter by the respondents.
_________
BKM, J
LMV
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