IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.1364 OF 2004 Between: G. Ratnam Raju ..... PETITIONER AND The Managing Director and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.1364 OF 2004 ORDER: The petitioner is an Ex-service man. He was appointed as Attender in the 2nd respondent - society on 02.09.1985. Two months thereafter, he was allotted to the Engineering Wing of that society and he worked there till 1993. Through order, dated 13.11.1993, he was sent back to the office of the 2nd respondent - society, to work under the Executive Director. In 2005, he was sent to the Engineering Wing. In the year 2008, the Engineering Wing of the society was disbanded and a new corporation i.e., 5th respondent was brought into existence, in its place. The petitioner became an employee of the 5th respondent. The grievance of the petitioner is that though there exist Circulars and G.Os., providing for promotion of Attenders to the post of Lower Division Clerk or Record Assistant, the respondents are not considering his case for such promotion. The Writ Petition is contested by respondent Nos.5 and 6. A counter affidavit is filed by them stating that there is no post of Lower Division Clerk in their organization, much less there is a provision for promotion of Attenders to that post. Heard Sri K. Manik Prabhu, learned counsel for the petitioner and Sri A. Sanjeev Kumar, learned counsel for the 5th and 6th respondents. The appointment of the petitioner as Attender was initially in the 2nd respondent - society. Activity of making constructions was also taken up by creating an Engineering Wing. The petitioner was made to work in that Wing for about eight years and thereafter, he was sent back to the office of the 2nd respondent – society in the year 1993. Once again, he was brought to the Engineering Wing in the year 2005. Even while he was working in that organization, it came to be reorganized into 5th respondent - Corporation. Now he has become a regular employee of the 5th respondent. The staffing pattern as it exists now in the 5th respondent, does not contain any post of Lower Division Clerk. The Service Rules are yet to be framed. The claim of the petitioner for promotion can be considered at relevant point of time depending upon the nature of Rules that may be framed by the 5th respondent. As of now, the respondent Nos.5 and 6 cannot be compelled to promote the petitioner, the reason being that there is no vacancy much less there is any avenue of promotion. The petitioner can renew his request in case Rules are framed, creating posts of Lower Division Clerk and promotion to that post is provided. Hence, the Writ Petition is disposed of leaving it open to the petitioner to approach the respondent Nos.5 and 6 for promotion, in case, any posts of Junior Assistant are created and Rules are framed, providing for such promotion to that post. There shall be no order as to costs. ___________________________ L. NARASIMHA REDDY, J December 27, 2010 MD THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.1364 OF 2004 December 27, 2010