ASHOK GOVIND HARDIKAR Vs. D LAKSHMINARAYANA RAO REGIONAL MANAGER
LAWS(APH)-1992-8-16
HIGH COURT OF ANDHRA PRADESH
Decided on August 04,1992

ASHOK GOVIND HARDIKAR Appellant
VERSUS
D LAKSHMINARAYANA RAO REGIONAL MANAGER Respondents

JUDGEMENT

- (1.)THIS appeal arises from the Judgment in Writ Petition No. 1769/1989. That Writ Petition was filed by respondents 1 to 3 in this appeal. The other respondents herein are the A. P. State Warehousing Corporation (R. 4) and the State of A. P. represented by its Secretary (Marketing) (R. 5 ).
(2.)THE appellant and respondents 1 to 3 commenced service under the 4th respondent-corporation as Warehouse Managers II. Previous service, if any, rendered by them in the Corporation is not relevant for our present purpose. From Warehouse Manager, Grade-II, all of them were promoted to the next higher post of Warehouse Manager, Grade-I, by order dt. 26-6-74 with effect from 1-7-74. In that order, respondents 1 to 3 were assigned rank numbers 1 to 3 whereas the appellant was ranked as No. 6. Thereafter, respondents 1 to 3 and the appellant were appointed as Regional Managers. The appellant was occupying a corresponding position of Regional Manager in the Head Office. By an order dt. 31-3-87 the posts occupied by respondents 1 to 3 were upgraded as Senior Regional Managers in a higher scale of pay. That was however subject to the approval of the Government. In its order dt. 16-5-88, Government directed the Corporation to defer upgradation of the posts. The 4th respondent passed a consequential order dt. 21-7-88 reverting respondents 1 to 3 to the posts of Regional Managers. They challenged the Government Order as also the consequential reversions, in W. P. No. 1769/89. One of the contentions which they had raised was that the Government had no power to refuse to approve the proposal of the Corporation to upgrade the existing posts. In the mean time, the appellant had been appointed as Manager (Business) in-charge with effect from 13-10-1988. That is a post corresponding to the Senior Regional Managers.
(3.)THE chronology of events mentioned above indicates that respondents 1 to 3 who are seniors had the advantage of earlier ranking and earlier promotion whenever occasion arose for advancement in service. They got promotion to the post of Senior Regional Managers on 31-3-1987 whereas the appellant was put in charge of the corresponding post on 13-10-1988.
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