IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No : 1955 of 2001 BETWEEN: A.Ramachandraiah, E.No.46129, A.P.S.R.T.C., Tirupati Depot, Chittoor District. .... PETITIONER AND 1 A.P.S.R.T.C., Rep by its Vice-Chairman & Managing Director, Musheerabad, Hyderabad. 2 A.P.S.R.T.C., Rep by its Regional Manager, A.P.S.R.T.C., Tirupathi Region, Tirupathi, Chittoor 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 issue a Writ of Mandamus or any other appropriate Writ, order or direction directing the respondent herein to promote the petitioner as Assistant Depot Clerk/Controller in the vacancy earmarked for booking Clerk(roster No.98)from the date 27.6.2000 with all attendant benefits including arrears of pay. Counsel for the Petitioner : MR.P.GOVINDA RAJULU Counsel for the Respondents : SMT.W.V.S.RAJESWARI The Court made the following : ORDER : In this writ petition, the petitioner seeks directions against the respondents, to promote him as a Assistant Depot Clerk, with effect from 27.06.2000. 2. The petitioner was appointed in the respondent- Corporation as a Booking Clerk in 1974. When there were about 11 vacancies of Assistant Depot Clerks, those posts were filled up. However, a Booking Clerk, who was senior to the petitioner, did not accept the promotion post i.e. Assistant Depot Clerk. It is the case of the petitioner that as much as his immediate senior did not accept the post, he is entitled for promotion with effect from 27.06.2000 with all attendant benefits. 3. The post of Assistant Depot Clerk is categorized as Class-III service as per the Recruitment Regulations framed under Section 45(1) of the Road Transport Corporation Act, 1950. The feeder posts for filling up the vacancy of Assistant Depot Clerk are L.V.Drivers and Booking Clerks. As per the Regulations, every 18th, 58th and 98th vacancy alone shall be filled by way of selection from among the Booking Clerks, while filling up the posts of Assistant Depot Clerks. Though the petitioner claims that he is the next in seniority to that of the person who was selected and refused to accept promotion, but as much as the vacancy of Assistant Depot Clerk is a selection post, merely based on seniority, the petitioner cannot claim promotion to that post as a matter of right. In that view of the matter, I do not find any merit in this writ petition for grant of directions as prayed for. 4. Writ petition is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 27th November 2008 ajr