IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 10915 of 2008 Between: A.Sanyasamma W/o.A.Ramakrishna MR College for Women, R/o.H.No.552, BC Colony, Agraharam, Vizianagaram District Vizianagaram ..... PETITIONER AND 1. The Government of Andhra pradesh, rep.by its Principal Secretary, Higher Education, Secretariat Buildings, Hyderabad 2. The Commissioner/Director, of Collegiate Education AP Hyderabad 3. The Regional Joint Director of Intermediate Education Vizianagaram, Vizianagaram District 4. The Correspondent, MR College for Women, Vizianagaram District Vizianagaram 5. The Principal, MR College for Women, Vizianagaram District, Vizianagaram 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 may be pleased to issue writ, order or direction more particularly one in the nature of writ of mandamus under Article 226 of the Constitution of India for inaction of the respondents in not considering the representations of the petitioner dated 14.8.2007 and 29.4.2008 in regard to the promotion of the petitioner to the post of Junior Assistant is illegal, arbitrary, and consequently direct the respondents herein to promote the petitioner herein from the post of Record Assistant to the post of Junior Assistant in the 4th and 5th respondent college. Counsel for the Petitioner:MR.SADURAJESWARA REDDY Counsel for Respondent Nos.1 to 3: GP FOR HIGHER EDUCATION Counsel for Respondent Nos.4 & 5 : SRI T.S. ANAND. The Court made the following : THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.10915 of 2008 ORDER: The petitioner was initially appointed on 01.05.1982 to the post of Record Assistant, which is admitted to grant-in-aid, in the college of the 4th and 5th respondents. She was thereafter promoted as a Junior Assistant against an unaided vacancy. Subsequent thereto, proposals were submitted for regularization of her services against an aided vacancy. The Government issued G.O.Rt.No.253, Higher Education (CE.II.1) Department, dated 02.04.2004, regularising the services of the petitioner as a Record Assistant in the existing aided vacancy. The grievance of the petitioner is that though she fulfills the qualifications prescribed for the post of Junior Assistant and though she worked in that post for fairly a long time, she is not being promoted as against an aided vacancy of Junior Assistant. Heard the learned counsel for the petitioner, the learned Government Pleader for Higher Education and Sri T.Anand, learned counsel for the 4th and 5th respondents. Admittedly, the petitioner had put in almost 2 ½ decades of service in the 5th respondent’s Institution, ever since her initial appointment. Obviously, on account of non-availability of aided vacancy or for other reasons, it was only in the year 2004 that her services were regularized against an aided post of Record Assistant. It is stated that the petitioner fulfills the qualifications prescribed for the post of Junior Assistant and that there is a clear vacancy. If that is so, the case of the petitioner deserves to be considered without any further delay. Hence, the respondents are directed to consider the case of the petitioner for promotion/appointment to the post of Junior Assistant against an aided vacancy, within a period of three months from the date of receipt of a copy of this order. Further, it is directed that till the case of the petitioner is considered, the respondents shall not fill the post of Junior Assistant, by way of direct recruitment. The writ petition is, accordingly, disposed of. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY,J 20.06.2008 v v To 1. The Principal Secretary, Government of Andhra Pradesh, Higher Education, Secretariat Buildings, Hyderabad 2. The Commissioner/Director of Collegiate Education, A.P., Hyderabad 3. The Regional Joint Director of Intermediate Education, Vizianagaram, Vizianagaram District 4. The Correspondent, MR College for Women, Vizianagaram, Vizianagaram District. 5. The Principal, MR College for Women, Vizianagaram, Vizianagaram District 6 2 CCs to 7. 2 CD copies.