I I APHC010185582014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE B KRISHNA MOHAN AND THE HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 5021 OF 2014 Between: N.Tata Rao, S/o N.Siva Ramulu, aged 42 years, Occ: Khalasi, Ticket No.816, SSC/MELS/BZA, Electric Loco Shed, Vijayawada, Krishna District, R/o D.No.21-8/1-1, Varuguvari Street, Mutyalampadu, Vijayawada, Krishna District. ...Petitioner AND 1. Union of India General Manager, represented by The General Manager, South Central Railway, Rail Nilayam, Secunderabad. 2. The Senior Divisional Personnel Officer, Vijayawada Division, South Central Railway, Vijayawada. 3. The Divisional Railway Manager, Vijayawada Division, South Central Railway, Vijayawada. 4. The Assistant Personnel Officer, Vijayawada Division, South Central Railway, Vijayawada. 5. The Registrar, Central Administrative Tribunal, Hyderabad Bench, Hyderabad. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Certiorari by calling for the order dated 24.09.2013 in O.A.No.298 of 2011 the file of the Central Administrative Tribunal, Hyderabad Bench and set aside the order of the learned Tribunal dated 24.09.2013 and set aside the letter No.B/P.565/ll/TRSA/ol.VII, dated 28.07.2010 as illegal, arbitrary, unjust, discriminatory and is in violation of Articles 14, 16 and 21 of the Constitution and direct the respondents to include the name of the petitioner in the avenue of Khalasi from the date of his appointment i.e., 15.03.1993, declare the petitioner as eligible to be promoted as Fitter Grade-Ill i.e.. Technician Grade- Ill and provide all consequential benefits including promotion to the grade of Technician Grade-lll against 20% LDCE quota in PB-I in scale of Rs. 5200- 20200 + Grade Pay of Rs.1900/- in Electrical (TRS) department in Vijayawada division on par with the employees who are juniors in the initial cadre of Khalasi in TRS department of Vijayawada division of South Central Railway in which the petitioner was originally appointed and provide all consequential benefits. on other lA NO: 1 OF 2014 (WPMP, No. 6239 OF 2Q14t Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant out of turn hearing of the Writ Petition. lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fix a date for out of turn hearing of the Writ Petition No.5021 of 2014. Counsel for the Petitioner: SRI C SRINIVASA BABA Counsel for the Respondents: SRI MALLAMPALLI SRINIVAS (CENTRAL GOVT COUNSEL) The Court made the following order: APHC010185582014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 5021/2014 Between: 1.N.TATA RAO,KRISHNA DIST, S/0 N.SIVA RAMULU, AGED 42 YEARS, OCC: KHALASI, TICKET N0.816, SSC/MELS/BZA, ELECTRIC LOCO SHED, VIJAYAWADA, KRISHNA DISTRICT, R/0 D.NO.21-8/1-1, VARUGUVARI STREET, MUTYALAMPADU, VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER AND 1. UNION OF INDIA GENERAL MANAGER SECBAD REPRESENTED BY THE GENERAL MANAGER, SOUTH CENTRAL RAILWAY, RAIL NILAYAM, SECUNDERABAD. 4 2.THE SENIOR DIVISIONAL PERSONNEL OFFICER, VIJAYAWADA DIVISION, SOUTH CENTRAL RAILWAY, VIJAYAWADA. 3.THE DIVISIONAL RAILWAY MANAGER, VIJAYAWADA DIVISION, SOUTH CENTRAL RAILWAY, VIJAYAWADA. 4.THE ASSISTANT PERSONNEL OFFICER, VIJAYAWADA DIVISION, SOUTH CENTRAL RAILWAY, VIJAYAWADA. 5.THE REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL, HYDERABAD BENCH, HYDERABAD. ...RESPONDENT(S): % Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a writ, order or direction more particularly one in the nature of Certiorari by calling for the order dated 24.09.2013 in O.A.No.298 of 2011 on the file of the Central Administrative Tribunal, Hyderabad Bench and set aside the order of the learned Tribunal dated 24.09.2013 and set aside the letter No.B/P.565/ll/TRSA/ol.VII, dated 28.07.2010 as illegal, arbitrary, unjust, discriminatory and is in violation of Articles 14, 16 and 21 of the Constitution and direct the respondents to include the petitioner in the avenue of Khalasi from the date of his appointment i.e., 15.03.1993, declare the petitioner as eligible to be promoted as Fitter Grade- Ill i.e.. Technician Grade-Ill and provide all consequential benefits including promotion to the grade of Technician Grade-Ill against 20% LDCE quota in PB-I in scale of Rs. 5200-20200 + Grade Pay of Rs.1900/- in Electrical (TRS) department in Vijayawada division on par with the employees who are juniors in the initial cadre of Khalasi in TRS department of Vijayawada division of South Central Railway in which the petitioner was originally appointed and provide all other consequential benefits lA NO: 1 OF 2014(WPMP 6239 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant out of turn hearing of the Writ Petition lA NO: 3 OF 2014rWPMP 29770 OF 2014 Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased lA NO: 4 OF 2014(WPMP 51959 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to fix a date for out of turn hearing of the Writ Petition No.5021 of 2014 and pass name of the praying that in the circumstances 3 / lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to restore the W.P.No.5021 of 2014 for further arguments by setting aside the exparte order dated 12.04.2023 and to pass lA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to condone delay of 38 days in filing the restoration petition in the W.P.No.5021 of 2014 and pass Counsel for the Petitioner: 1.C SRINIVASA BABA Counsel for the Respondent(S): 1.MALLAMPALLI SRINIVAS(CENTRAL GOVT COUNSEL) 2.4788/P BHASKAR 4 r The Court made the following Order; (Per Hon’ble Sri Justice B.Krishna Mohan) Heard the learned counsel for the petitioner and the learned Central Government Counsel for the respondent Nos.1 to 4. This writ petition was filed questioning the order passed by the Central Administrative Tribunal, Hyderabad Bench in O.A.No.298 of 2011 dated 24.09.2013 dismissing the said O.A. 2. The petitioner herein approached the learned Tribunal seeking inclusion of his name in the avenue of Khalasi from the date of appointment on par with his juniors and sought for consequential direction to the respondents therein to include the name of the petitioner herein/ applicant therein in the avenue of Khalasi from the date of appointment i.e., 3. 15.03.1993 in the eligibility list of LDC for Fitter Gr-lll and sought for consequential direction to appoint him as Technician Gr-lll against 20% LDCE quota in PB-I in scale of Rs.5200-20200 + Grade Pay of Rs.1900/- in Electrical (TRS) Department, BZA Division. 4. The petitioner joined in the post of Box Boy on 15.03.1993 on compassionate grounds. Then he was promoted to Senior Box Boy on 24.04.2000 vide office order dated 27.06.2007 and later he joined in the said post on 20.07.2007. It is not in dispute that the petitioner was not one of the candidates responded to the notification issued during the year 1992, for whom the authorities have relaxed the educational qualification for further V 5 advancement in the category. It was only a one time dispensation they extended such benefit to the Call/Box Boys working in TRS/BZA. Admittedly, the petitioner/ applicant joined in the year 1993 on compassionate grounds as stated supra. Hence, he cannot claim any benefit on par with his juniors for appointment of Khalasi without such educational qualification of SSC. For the purpose of claiming the promotion to the post of Technician Gr-lll against 20% LDCE quota and as per the notification dated 03.03.2010 the petitioner should have an experience of three years of service as “Khalasi”. Whereas, the applicant who was appointed as Khalasi w.e.f., 20.07.2007 was not having such service to be considered for such promotion. The circular of the respondent department No. 110/2004 shows that the service rendered by the surplus staff prior to redeployment will not be counted for seniority and promotion in the absorbing unit. Thus, it is born out of the record that the petitioner did not complete three years of service as Khalasi in Electrical (TRS) Department at the relevant point of time to consider for promotion to the post of Technician Gr-lll against 20% LDCE quota. Be that as it may, as per the submission of the learned counsel for the petitioner, the petitioner is now working as Technician Gr-I after crossing 5. Gr-lll &Gr-ll. In view of the above said facts and circumstances, the Tribunal rightly 6. dismissed the O.A. vide its order dated 24.09.2013. Since there are no 6 r merits to interfere with the said order of the Tribunal, this writ petition is dismissed. No order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// ft^OFFICER SEC To, 1. One CC to Sri C Srinivasa Baba, Advocate [OPUC' 2. One CC to Sri Mallampalli Srinivas (Central Govt Counsel) Advocate [OPUC] 3. One CC to Sri P Bhaskar, Advocate [OPUC] 4. Two CD Copies TF HIGH COURT DATED:02/07/2025 2 9 JUI 2025 Current Sscuon ORDER WP NO. 5021 OF 2014 O m 2r CO. DISMISSING THE W.P., WITHOUT COSTS