IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 24439 of 1999 Between: 1 M. Rama Murthy, S/o. M.Gangulu, Circle Office, A.P.Transco, Guntur. 2 K.V.Prasad, S/o. Narsaiah, ERO/R, A.P.Transco, Sattenapalli, Guntur. 3 G.Bhavani Sankar, S/o. Sriram Murthy, Sub-ERO, Mangalgiri, Guntur District. 4 T.R.K.Sarma, S/o.Venkata Subba Rao, Sub-ERO, Mangalgiri, Guntur District. 5 G.S.N.Prasad, S/o. Rama Rao, Circle Office, Guntur. ..... PETITIONERS AND 1 Transmission Corporation of Andhra Pradesh, Rep. by its Chairman and Managing Director, Vidyuth Soudha, Somajiguda, Hyderabad. 2 The Superintending Engineer, Operation, A.P.Transco, 4/7, Brodipet, Guntur-2. 3 Y.V.Sripathi Rao, ERO/R, A.P. Transco, Guntur. 4 V.Brahmanandam, (Died) ERO, A.P. Transco, Gurazala, Guntur District. 5 Bh.Chandramouli, OSD/R, A.P. Transco, Guntur, Guntur District. 6 V.Arjuna Rao, ERO, A.P. Transco, Tenali, Guntur District. 7 P.Prasada Rao, ERO, A.P. Transco, Gurazala, Guntur District. 8 M.L.Benny, ERO, A.P. Transco, Bapatla, Guntur District. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue any appropriate Writ, order or direction preferably a Writ in the nature of Certiorari call for the records relating to impugned Memo.No.SE/O/GNT/Ad.C2/D.No.224/99 dated 8-2-1999 issued by the Superintending Engineer, Operation, AP Transco Limited, Guntur and quash the same in so far as the Respondents 3 to 8 are concerned by holding it as illegal, bad, arbitrary and violative of Service Regulations of the Corporation and consequently direct the Respondents to promote the Petitioners as U.D.Cs with all consequential benefits and pass such other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.P.N.MURTHY Counsel for the Respondent No.: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : THE HON'BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No. 24439 of 1999 Order: The petitioners, who are working as Lower Division Clerks in the respondent-AP TRANSCO, have filed the present writ petition questioning the impugned orders, by which respondents 3 to 8 were promoted as Upper Division Clerks. The promotion of respondents 3 to 8 is questioned mainly on the ground that they have not possessed graduation qualification; as such they should not have been promoted as Upper Division Clerks. But, in the counter affidavit filed on behalf of the respondent-AP TRANSCO it is categorically stated that after re-designating the cadre of Bill Collectors as Revenue Cashiers, SIRCs and LDCs, and based on the agreement entered with the employees Unions that the ratio of 2:1 between the qualified and unqualified candidates, who have crossed 45 years of age be considered for promotion, respondents 3 to 8 were promoted as UDCs in 2:1 ratio, as they have crossed the age of 45 years. Further, during the course of argument, it is also submitted by the learned Standing Counsel for the respondent-AP TRANSCO that even the petitioners were also promoted as UDCs during the pendency of this writ petition. As much as it is stated that even the petitioners were promoted as UDCs and the promotion orders of respondents 3 to 8 were passed by following the ratio of 2:1 pursuant to the agreement entered with the employees Unions, I do not find any reason to quash the promotions of respondents 3 to 8 at this stage. Accordingly, the writ petition is dismissed. There shall be no order as to costs. _____________________ R. SUBHASH REDDY, J. Date: 17.02.2009 Nsr