The appellants date of birth is October 1, 1928 and he attained the age of 45 years as on October 1, 1973.
Consequently, he was number given promotion.
Though he was initially companyvicted by the Magistrate, on appeal in Criminal Appeal No.581 of 1931 the High Court by judgment dated September 1, 1933 set aside the companyviction and acquitted him of all the charges on merits.
He retired on attaining the age of superannuation on December 31, 1984.
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.
It is number in dispute that the Government have issued orders in G.O.Ms.
It was found that the appellant had number passed the Registration test and Accounts test Part and Part II for Subordinate Officers prescribed under the Special Rules.
Consequently, he was entitled to be companysidered for promotion according to rules from the date on which his immediate junior was promoted with companysequential benefits.
By proceedings dated March 16, 1976 he was suspended from service.
The matter was again examined in G.O. Ms. No.818 dated July 21, 1972 in companysultation with the team of Secretaries to the Government of India, the State Government reconsidered the matter and decided that the employees of the erstwhile Government of Hyderabad allotted to the State of Andhra Pradesh, be permanently exempted from passing the departmental tests on reaching the age of 45 years for the second and subsequent stages of promotion after November 1, 1956.
After formation of Andhra Pradesh he was allotted to Andhra Pradesh services.
Since the appellant had number passed the departmental tests, he was number companysidered for promotion.
In the meanwhile, the appellant was dismissed from service on July 16, 1981.
The appellant was appointed in 1951 as a Copyist in the Registration and Stamps Department in the erstwhile Government of Hyderabad.
He filed writ petition in the High Court in 1986 which directed the Government to companysider his case.
Consequently, he filed R.P. NO.840/85.
We have heard learned companynsel on both sides.
Leave granted.
No.783 dated September 7, 1971 whereunder the Government have directed that first stage promotion be given to all the persons recruited under Hyderabad Cadre and Recruitment Rules, without insisting upon passing the departmental tests but gave double the time given to the employees of Andhra Region for passing the tests.
Again when the appellant filed R.P. No.5737/87, the Tribunal in the impugned order has dismissed the petition.
The Tribunal set aside the order and directed the Government to companysider his case according to rules.
Thus this appeal by special leave.
