- (1.) Leave granted.
(2.) We have heard learned counsel on both sides.
(3.) This appeal by special leave arises from the order dated April 15, 1993 of the Andhra Pradesh Administrative Tribunal, Hyderabad made in RP No. 5737/87. The appellant was appointed in 1951 as a Copyist in the Registration and Stamps Department in the erstwhile Government of Hyderabad. After formation of Andhra Pradesh he was allotted to Andhra Pradesh services. By proceedings dated March 16, 1976 he was suspended from service. Though he was initially convicted by the Magistrate, on appeal in Criminal Appeal No. 581 of 1981 the High Court by judgment dated September 1, 1983 set aside the conviction and acquitted him of all the charges on merits. In the meanwhile, the appellant was dismissed from service on July 16, 1981. Consequently, he filed R. P. No. 840/85. The Tribunal set aside the order and directed the Government to consider his case according to rules. Since the appellant had not passed the departmental tests, he was not considered for promotion. He filed writ petition in the High Court in 1986 which directed the Government to consider his case. He retired on attaining the age of superannuation on December 31, 1984. Consequently, he was entitled to be considered for promotion according to rules from the date on which his immediate junior was promoted with consequential benefits. It was found that the appellant had not passed the Registration test and Accounts test Part I and Part II for Subordinate Officers prescribed under the Special Rules. Consequently, he was not given promotion. Again when the appellant filed R. P. No. 5737/87, the Tribunal in the impugned order has dismissed the petition. Thus this appeal by special leave.;