IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JUNE TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 4050 of 2004 Between: T.Vijay Kumar, s/o T.Venkatanarasaiah, working as Asst. Manager(T), A.P.S.R.T.C., BHAINSA, Adilabad District ..... PETITIONER AND A.P.S.R.T.C., Musheerabad, Hyderabad, rep by its Vice Chairman & Managing Director .....RESPONDENT 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 issue a writ or order or direction more particularly, especially one in the nature of writ of mandamus, (i) declaring the action of the respondents in not promoting the petitioner as Depot Manager, as illegal and arbitrary, (ii) Consequently, direct the respondent to promote the petitioner as Depot Manager, with effect from the date when his Juniors were promoted as Depot Manager, duly granting all other consequential benefits. Counsel for the Petitioner:MR.K.VASUDEVA REDDY Counsel for the Respondent No.: SMT.G.JYOTHI KIRAN The Court at the admission stage made the Following : O r d e r: The present writ petition is filed questioning the action of the respondent in not considering the case of the petitioner for promotion as Depot Manager as illegal and arbitrary. The respondent filed counter affidavit stating that the case of the petitioner was already considered and he was found ineligible, as he could not secure 60% of marks, but only secured 57.20%. Therefore he could not be selected for the post of Depot Manager. In such view of the matter there is no l i s to be determined in the present writ petition. Accordingly the writ petition is dismissed. In the circumstances no costs. ________________ K.C. BHANU, J. 28—6—2004 BVS To 1. The Vice-Chairman and Managing Director, APSRTC, Musheerabad, Hyderabad. 2. .2CD copies