Andhra Pradesh High Court - Amravati
N.Kamalanabha Reddy vs The District Educational ... on 12 December, 2022
Bench: Venkateswarlu Nimmagadda
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No. 15020 of 2020
ORDER:
Heard learned counsel for the petitioner and learned Government
Pleader for Services appearing for the respondents.
2. The petitioner is presently working as Second Grade Teacher in
M.P.P. School, Avalakandriga, Gangadhara Nellore Mandal, Chittoor
District. It appears that earlier, the petitioner has relinquished his right
of promotion. Subsequently, the respondents conducted counselling as
per seniority, but the petitioner was not given a chance to participate in
the counselling on the ground that he relinquished the promotion.
Therefore, the petitioner requested the 1st respondent to promote him to
the post of L.G.L. Head Master. But, the 1st respondent did not consider
his request. Then, the petitioner filed O.A.No.566 of 2019 before the
A.P. Administrative Tribunal at Hyderabad. The Tribunal passed
interim orders on 22.04.2019 directing the respondents to consider his
case for promotion as and when promotions are taken up to the post of
L.F.L. Head Master taking his seniority in the cadre of Second Grade
Teacher without reference of his earlier relinquishments and shall pass
appropriate orders. After service of the said orders, by an order dated
20.04.2020 the respondents rejected the request of the petitioner stating
that it is not feasible to consider the case of the petitioner for promotion.
NV,J
W.P.No.15020 of 2020
3. So, the short question that is involved in this writ petition is,
whether the relinquishment of right of promotion on an earlier occasion
disentitles the petitioner from being considered for promotion on the
subsequent occasion or not?
4. The legal position in this regard is not res integra and the same
has been decided by a judgment of the Division Bench of this Court in
G. Boyanna Vs. Registrar (Administration)1, wherein it is held at
paragraph No.24 as follows:
"In the light of the above discussion, we have no hesitation in
holding that relinquishment of right or privilege of promotion
to a particular vacancy would amount to permanent
relinquishment of right of privilege for promotion to that
particular vacancy. The Rule-28 of the State and
Subordinate Service Rules cannot be read or interpreted to
mean that his right to be considered for promotion to any
vacancy arising in future also is permanently extinguished.
Such an interpretation would lead to frustration and unrest in
the service defeating the object of promoting efficiency and
harmonious functioning....."
It is further held as follows:
"The learned Division Bench earlier expressed its complete
agreement with the above interpretation of the Rule and
pointing out the fact that the right to be considered for
promotion is a fundamental right under Article 16(1) of the
Constitution of India, it was held that Rule 28 of the Rules of
1996 did not disentitle a member of a service from being
considered for promotion in a future vacancy merely because
he had relinquished his right for promotion earlier."
(2009) 2 ALD 402 (DB)
NV,J
W.P.No.15020 of 2020
5. In the light of the law enunciated in the above judgment of the
Division Bench of this Court, the legal position is very clear that the
mere fact that the petitioner herein has earlier relinquished his right of
promotion cannot be a valid ground to disentitle him to be considered
for promotion in future vacancy, subsequently.
6. In view of the above law, the Writ Petition is allowed. The
respondents are directed to consider the case of the petitioner for
promotion to the post of L.F.L. Head Master without reference to the
earlier relinquishment for promotion in terms of his eligibility and
qualification, as and when a suitable vacancy arises. No order as to
costs.
Consequently, Miscellaneous Petitions, if any, pending in the
writ petition shall stand closed.
____________________________________
VENKATESWARLU NIMMAGADDA, J
12th December, 2022
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NV,J
W.P.No.15020 of 2020
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
Writ Petition No. 15020 of 2020
12th December, 2022
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