IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14626 of 2007 Between: M.Vijayanand S/o.M.V.V.S.Murthy R/o.Pavan Residency, Varsha Block, 1st floor Ground Visakhapatnam ..... PETITIONER AND 1 The Chairman , Visakhapatnam Port Trust, Visakhapatnam 2 Manager (Operation), Visakhapatnam Port Trust Visakhapatnam 3 Dy.Conservator, Visakhapatnam Port Trust Visakhapatnam 4 N.Rajashekar S/o.Not known Visakhapatnam Port Trust Visakhapatnam .....RESPONDENT(S) 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 an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in taking step to consider thecase of the 4th respondent for promotion as Senior Marine Surveyor , Marine Survey selection, Visakhapatnam Port Trust, as bad arbitrary, and contrary to Visakhapatnam Port Trust Employees services Regulations 1964 and also offends Arts.14,16 of the constitution of India and consequently direct the respondents to consider me for the post of Senior Marine surveyor as I am fullyqualified and eligible as per the regulations and to pass Counsel for the Petitioner:MS.M.VIDYAVATHI Counsel for the Respondent : MR.P.SRI RAGHU RAM DR.P.B.VIJAY KUMAR & MR.T.M.K.CHAITANYA The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14626 of 2007 ORDER: The petitioner was initially appointed as a Tracer in the year 1993. He earned a number of promotions over the period and as of now, he is holding the post of Cartographer on ad hoc basis. He was regularized in the feeder post i.e., Senior Draughtsman, vide proceedings, dated 28.03.2006. For the post of Senior Marine Surveyor (SMS), the feeder post is basically that of Cartographer, and in case, the qualified candidates are not available in that category, the Recruitment Rules provide for selection of candidates in the post in the inferior category. The 4th respondent was appointed as a Junior Marine Surveyor in the year 2002 and thereafter, he has been promoted on regular basis to the post of Cartographer on 28.03.2006. The Port Trust has granted relaxation of six months in favour of the 4th respondent, to enable him to be promoted to the post of Senior Marine Surveyor. The petitioner feels aggrieved by the action of the Port Trust and contends that if the Rules are properly implemented, he has a chance for promotion to the post of Senior Marine Surveyor, in preference to the 4th respondent. Separate counter affidavits are filed by respondents 1 to 3, on the one hand, and respondent No.4, on the other. Necessary service particulars are furnished and it is urged that no irregularity has taken place in the ad hoc promotion accorded to the 4th respondent. Heard Smt. Vidyavathi, learned counsel for the petitioner, Sri P.Sri Raghuram, learned counsel for respondents 1 to 3 and Sri P.B.Vijay Kumar, learned counsel for respondent No.4. The present controversy has arisen, mainly on account of the relaxation granted by respondents 1 to 3 in favour of the 4th respondent, to confer eligibility upon him, for promotion to the post of Senior Marine Surveyor. When the Rule itself provides for several contingencies, in the event of qualified candidates not being available, the action of respondents 1 to 3 in granting relaxation in favour of the 4th respondent cannot be sustained in law. Relaxation, even where permissible, is granted, only when the suitable candidates are not available. As pointed out earlier, the Rule itself provides for a four line feeder category, permitting the authorities to go down up to the level of Junior Marine Surveyor. Therefore, the relaxation granted in favour of the 4th respondent cannot be sustained in law. It is not in dispute that the available vacancy for the post of Senior Marine Surveyor is general and not reserved for any particular category. Respondents 1 to 3 are required to effect promotion to that post, strictly in accordance with the Recruitment Rules. Therefore, the writ petition is partly allowed, setting aside the relaxation granted in favour of the 4th respondent, as to the requirement of minimum length of service. Respondents 1 to 3 are directed to effect promotion to the post of Senior Marine Surveyor, strictly in accordance with law, duly considering the cases of all the eligible candidates. There shall be no order as to costs. _________ 01.04.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14626 of 2007 Date: 01.04.2008 JSU