- (1.) The appellant, V.S.V.R. Ramunujacharyulu and respondent No. 3 B. Narasimhulu, originally belonged to the Department of Industries of the Andhra Pradesh Government. The latter was senior to the former in the cadre. The appellant was deputed to serve in different places on Government Emporium under the control of the Department of Industries. Upon repatriation on March 1, 1975, he was posted as Field Officer (Handicrafts), a post equivalent to the cadre of Assistant Director of Industries. Respondent No. 3 was then holding the post of Superintendent though he was senior to the appellant in the cadre. He was, however, not given the promotional post or any other equivalent post.
(2.) Respondent No. 3 approached the Andhra Pradesh Administrative Tribunal. The Tribunal accepted his claim and directed the State "to safeguard the interests of the petitioner from any inroad upon his avenue of promotion by the appellant". This order of the Tribunal has been challenged in these appeals.
(3.) It is not in dispute that respondent No. 3 was senior to the appellant in the cadre. The appellant, therefore, could not have been given the benefit of promotion overlooking the claim of respondent No. 3. Certainly, a junior cannot be promoted while keeping the senior in the lower cadre. We, therefore, do not see any infirmity in the order of the Tribunal.;