Maganti Ramana Kumar v. 1. The Union of lndia

.....RESPONDENTS Petition Under Articte 226 ot the Constitution of lndia 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 Writ of Certiorari, calling for the records relating to the order passed by the Tribunal in OA No.21l23112O20, Dl. 26.02.2025 and quash the same and consequently direct the Respondents herein to consider this case for promotion and other benefits which he is fulty eligible on his Post with regard to the 2nd Respondent (List of Promotees) (Estt-Wise) Technical Officers - B to Technical Officer - C vide Lr.No. DOP/01/00008/PRO[U/M/01i2017 dt., 31-08-2017 and Lr.No.DOP/o1/00008/PROIU/M/o1/2018 dt., 31-08-2018 and consequential order in DOP/01/00007/C:ur1 Case/GC/P/O1/P-DRTC dt , O6-02-?,):a0 with regard to the promotions in various positions in the 2nd Respondent Orgarization l.A.NO:1 OF 2025 P,:tition Unde,r Section 151 CPC praying that in the c -cumstances stated in the affidavlt filed in support of the writ petition, the High Cc rrt may be pleased to suspend the order rassed by the tribunal passed in O A. t.l: .21,1',23112020 daled 26121202:5 pending <lisposal of writ petition. Counsel for the Petitioner : SRI M.RAMANA KUMAR (PAR--\ - lN - PERSON) Counsel for the Respondents : SRI R.ANURAG, COUNSEL- FIEPRESENTING DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following ORDER ;txcttry HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON'BLE SMT. JUSTICE TIRUMALA' DEVI EADA WRIT PETITIoN No.15532 OF 2O2S ORDER: fcr Le Hort bt" Srt Iu JIr, . .'I])trr,l.rrrd trrz'r'r' shaurlrl Aggrieved bv the order dated 26.02.2025 passed in O.A.No.231 of 2O2O b1' the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (lor short, 'the Tribunal'), the present Writ Petitron ls fited.

2. Heard Sri MangiLnti Ratnana Kumar, petitioner/ party-in-pcrsott and Sri R. Anurag, learned counsel representing learned Dcpulty Solicitor General of India appearir-rg lor responden ts

3. It has been contended by the petitioner that initialll', he rvas appointed as Draughtsman lil on 24.06.1988 in the 2"d respondent organization u'ith the basic qualification of Diploma in AuLomobrlc Engineering and after rendering considerable length of sen,ice, he lvas promoted as Senior Technical Assistant- B, Senior Technical Assistant-C, Technical Officer A ar-r d Technical Officer-B. His grievance is that though he u'as fr-r111' eligible and qualified for promotion to the post of Techr-rical Officer-C, the respondents have not 2 ;,,iS..J & ETD,J . \lp 15532 2025 considered his case and thereafter. he retired li-,)m service on attainir-rg thc age of superannuation on 30.01 .21l9 In those set of circumstanccs, he approachecl the l'r-;rrrtt-ral b], filing O.A.No.23 I oi' )O2O scckir-rg a dircctiou to thc' i-r'spondents to consider his case for promotion to the po:;t of 'It:cl-rnical Olliccr C along u.'ith his batchmates anrl extcrtd the morle tarv llcr-rclits in the cadre of Techrri,-al Oflicer C Without aporeciating any of the conlentions :i:isccl by him, thc Tribunal utde order dated 25.O2.2025 disnris;sccl the O.A

4. It l-ras bccn further contcncicd that as ir rr Lhcr Rules, 5O');r of tl-re nrarks shoulC be bascd on AnntLrl Performance Appraisal Fcport (APAR) aird resl of 5O% mirl <s should be based upor thc performancc Lrcforc Lhc Assrrrl;mcnt Board For promotron to the post of Technical Ollic r C. onc must har.c put in livc (5) 1,ears of scn,ice. Though t;rr: pcr,rtioner is havir-rg all these traits, the respondcnts har.c , rL considcred his case fc,r promotion. Thcrefore, approplrar-e orders be p:rssed itr tlre writ petition by sctting aside tl L: order passed br- the Tribr-rnal and further direct the ;',:s,pondents to consider thr: case of the petitioner for promoi ;o n to the post of Technical Oflicer-C with a1l consequential brr:efits; iiarc4a..' .lti. . r:*,r/ '-'? .,/ 3 ,\IiS,J & E'I'D,J \\T) I5J32 2025

5. On the other hand, lcarircci counscl appe arir-rg for the respondents had contended that tl're petitioner rvas eligible for promotion to the post of Technical Olficer C and he u'as empanelled - How'ever, as pcr t}-re merit, thc last selected officer fo; the post of Technical Officer C has secr-rred 90.26 marks, whereas the petitioner has secured 89.84 marks. Hence, the petitioner haci not come up the zone of "vithin consideration for pror-notion to thc post of Techrlical Officer- C. Therefore, the Tribur-ral has rightly disrnisse d the O.A. There are no mertts in the r'r,ri t petition ar-rd the same is liable to be dismissed.

6. This Court, having considcred the submrssions made b1. both the parties, is of the consiclered vier, ' that at the time of admission, this Court directed Lhe respondents to produce Assessment Boa,rd record, so as to enable this Court to knour the exact marks secured by the petitioner. Learned counsel appearing for the respondents l-rad produced the original record and as per the original record, the petitioner secured

89.84 marks ald the last person to be selected to the post of Technical Ofhcer-C secured 90.26 marks. Though the petitioner was eligible for promotion to the post of Technical Officer-C, the person, ri'ho has secured more marks, r'vas \ t I 4 sclected to the said post, based on the merit' -'herefore, the Tribunarl rrr''zLs justified in dismissing the O'A 1:r'':ferred b1' the pelrtioner. 'lhis Court cloes not find any rnerit .n tllc case to intelferc s'ith the orclcr passed by the Trlbur r'r' anrl the u'rit 1a.. pctition is Iiable to be dismisscd.

7. Accordinglv, the Writ Petition is dismissr:': There shali l,re rto urdet ;rs 1o cosl s.

8. As a sequel, miscellaneous applicatlorls pcnclit-lg if an1" shall st:rnd closcd. //TRUE COPY// A \ L. VIJAYA LAXMI s 3Grnrur REGISTRAR 'TD/- ,1 SECTION oFFICER --=, 'Jl ST0YAI^ I'SJfi l[ll a l\* One CC to One CC to Two CD CoPies I'E.RSON), [OPUC] Dr,, loPuc] To 1 2 .) SA PVL tl- I -'::-- 'o;ll :tT ?ffi ? ] .,1,) HIGH COURT DATED:2210712025 ORDER WP.No.15532 of 2025 DISMISSING THE W.P WITHOUT COSTS. ,/ ,4 7 /ta