WRIT PETITION 15538 of 2021 on 22 February 1989

ORDER:

Heard learned counsel for the petitioner, learned Assistant Government Pleader for Services-IV representing Respondent No.2 and Mr.B.Jagadish Kumar, learned Standing Counsel representing Respondent No.1.

2. The petitioner is working as Senior Assistant in District Hospital, Proddatur, Kadapa District. He was initially appointed as Attender on 22.2.1989 and later appointed as Junior Assistant by transfer on 01.10.1991. He got promotion as Senior Assistant on 01.11.1997 and thereafter promoted as Section Officer/Office Superintendent and was posted in the Office of the 1[st] respondent vide Proceedings dated 29.11.2018. On 21.1.2019, the petitioner submitted a representation to the 1[st] respondent to revert him to the post of Senior Assistant on health grounds and considering the same, proceedings dated 13.2.2019 were issued reverting him to the post of Senior Assistant. While so, on 17.10.2020 the petitioner made a representation to the 1[st] respondent to consider his case for promotion as Section Officer/Office Superintendent. However, without considering the said representation, the final seniority list dated 17.12.2020 was prepared, wherein the petitioner stood at Serial No.1, however in the remarks column it was mentioned that earlier he was promoted, but got reversion at his request.

3. Learned counsel for the petitioner submits that in fact as shown in the Seniority List, the petitioner stood at serial No.1 and is eligible for promotion, but as he foregone the promotion and got reverted on the earlier occasion, owing to health grounds, his case is not being considered, though there are vacancies of Office Superintendents. Therefore, he urges that the petitioner’s case may be directed to be considered for promotion.

4. Learned counsel for the petitioner further places reliance on the judgment of the Division Bench in G.Boyanna vs. Registrar (Administration), High Court of A.P., Hyderabad[1]as also Order dated 16.11.2021 in Writ Petition No.26182 of 2021.

5. The Hon’ble Division Bench in G.Boyanna (cited supra)

held as follows:

“11..........As far as that particular vacancy is concerned, the employee’s relinquishment is final. He cannot claim later that he may be deemed to have been promoted to that particular vacancy and that his seniority may be fixed as if he was promoted to that vacancy. Accepting such interpretation would mean that if a member of service, who has relinquished his promotion, at one stage, is promoted subsequently when another vacancy arose, he will be junior to a person, who in spite of being junior to this member, was promoted to the vacancy relinquished by him in the promotion post.

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 promotion efficiency and harmonious functioning......”

6. In the light of the undisputed legal position, this Court is inclined to dispose of the Writ Petition with a direction to the respondents to consider the case of the petitioner for promotion to the post of Office Superintendent, without reference to his earlier reversion due to relinquishment of promotion, as and when the exercise for promotions is taken up, either in the existing or future vacancies.

7. With the above direction, the writ petition is disposed of. No costs. Miscellaneous petitions, if any pending, shall stand closed.

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NINALA JAYASURYA, J January 05, 2022. vasu