Telangana High Court

WP/27728/2005 of Smt.M.Parvatamma Vs The Acharya N.G.Ranga Agricultural University on 29 December 2005

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SRI JUSTICE L.NARASIMHA REDDY W.P.No.27728 of 2005 Date:29.12.2005 Between: Smt.M.Parvatamma --------PETITIONER The Acharya N.G. Ranga Agricultural University ---------RESPONDENT ORDER: The petitioner is working as a Senior Assistant in the respondent-University. The next higher post is

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

W.P.No.27728 of 2005

Date:29.12.2005

Between:

Smt.M.Parvatamma

The Acharya N.G. Ranga Agricultural University

--------PETITIONER

---------RESPONDENT

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ORDER:

The petitioner is working as a Senior Assistant in the respondent-University. Thenext higher post is that of Superintendent. The petitioner states that there are 108posts of Superintendents in the University and in the matter of implementation ofreservation for scheduled castes, more number of posts, than were to be reservedare being allocated, resulting in denial of promotion to her. She contends that 15% of108 vacancies comes to 16.20 to be rounded of to 16 vacancies, whereas therespondent is reserving 17 vacancies, for scheduled castes and her chances ofbeing promoted are affected.

Heard the learned counsel for the petitioner and the learned standing counsel for therespondent.

Consequent to the amendment to the Constitution of India paving the way for makingreservations in the matter of promotions also, the Government of Andhra Pradeshissued G.O.Ms.No.2 Social Welfare (SW.RORI) Department, dated 09.01.2004,prescribing the procedure to be followed. Though the roster which is appended toRule 22 of A.P. State and Subordinate Service Rules is made applicable, Clause IVof the G.O. mandates that in the matter of computation of adequacy ofrepresentation, the candidates belonging to S.C. and S.T. who get promotions onthe basis of seniority-cum-merit, shall also to be taken into account. For example, ifthere exists 100 vacancies, and 5 candidates belonging to S.C. category got promotions on the basis of merit, it is not necessary to reserve 15 posts. In such acase, the reservation would be confined to 10% and the representation would cometo 15%. These aspects need to be taken into account, while computing thevacancies available for reservation.

The petitioner made a representation, dated 24.10.2005, narrating her grievance.The same needs to be taken into account by the respondent.

Hence, the writ petition is disposed of, directing the respondent to pass appropriateorders or to take necessary action on the basis of the representation, dated24.10.2005, submitted by the petitioner, within a period of six weeks from the date ofreceipt of a copy of this order. No costs.

________________

29.12.2005

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