IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.9877 of 1999 Between: N. Simhachalam, A.D.C., S/o. Appalaswamy, Rajamundry Bus Depot, Rajahmundary, East Godavari District. ..... PETITIONER AND 1 Regional Manager, A.P.S.R.T.C., Rajahmundary, East Godavari District. 2 Regional Manager, A.P.S.R.T.C., Vizayanagaram. 3 The Chief Manager (Personal), A.P.SR.T.C., Musheerabad, Hyderabad. 4 The Managing Director-cum-Chairman, A.P.S.R.T.C., Musheerabad, Hyderabad. ....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, order, or direction more particularly one in the nature of Writ, of Mandamus of directing the respondents to promote the petitioner as TTI/TI/DC, as per the seniority list of Vizianagaram region and pass such other orders or further orders as may deem fit ad proper in the circumstances of the case. Counsel for the Petitioner: Mr.T.S.VENKATARAMANA Counsel for the Respondents: Mr.C. PRAKASH REDDY The Court made the following : ORAL ORDER: None appears for the petitioner. This Writ Petition is filed seeking a Mandamus directing the respondents to promote the petitioner as TTI/TI/DC as per the seniority list of Vizianagaram Region. According to the petitioner, he was appointed as a Conductor in the year 1969 and was posted to Narsapuram Depot in West Godavari District. Subsequently, by Proceedings dated 23-7-1977 he was transferred to Visakha Division without any loss of seniority. When options were called for, for being absorbed into Satavahana Region, he also exercised his option for being posted to Vizianagaram Region. Basing on the said option, he was transferred from Tadepalligudem to Visakhapatnam by Proceedings dated 4-1-1979. In Vizianagaram Region, a seniority list of Conductors was published on 31-12-1979, wherein the petitioner’s name was shown at appropriate place. Meanwhile, by Proceedings dated 15-2-1979, he was promoted as a Controller. However, he made a representation complaining that he was entitled for being promoted as A.D.C., but not as a Controller. Then the petitioner was informed that as per Rules, one has to be promoted as a Controller and then as A.D.C. He was subsequently promoted as A.D.C. by Proceedings dated 26-11-1979. Further, in the year 1980, he was transferred to Rajahmundry and while working as A.D.C., the provisional seniority list of ADCs was published by Proceedings dated 1-2-1984. According to the petitioner, surprisingly and unfortunately his name did not figure in the said list. But, the names of his juniors, who were subsequently promoted, found place in the said seniority list. Therefore, the petitioner made a representation dated 17-4-1985 seeking to include his name in the seniority list dated 1-2-1984. As no action was taken by the authorities, petitioner and 4 others filed a Writ Petition being W.P.No.19114 of 1987 before this Court. Pending disposal of the said Writ Petition, an interim order was passed to consider the said representation of the petitioner. Thereafter, the 2nd respondent by his letter dated 13-9-1988 informed the petitioner that he had opted to Satavahana Region as T.I., and as such, he would be promoted to the post of DC/TTI in accordance with the seniority list of Satavahana Region, but not as per the seniority list of Vizianagaram Region. Thereafter, the Writ Petition was disposed of on 18-9-1992 directing the petitioner to make a detailed representation to the 2nd respondent. Subsequently, petitioner made a representation on 4-11- 1992. According to the petitioner, no final orders were passed by the 2nd respondent till date, though he got issued a legal notice on 15-3- 1998. There is no necessity of going into all the details. During the pendency of the Writ Petition, petitioner has attained the age of superannuation and retired from service. Apart from that, coming to the merits, it is stated in the counter filed on behalf of the respondents that as the petitioner’s name was not covered either in Sathavahana Region or Raja Raja Narendra Region, the matter was referred to the then Senior Manager (Admn.), Hyderabad through letter dated 18-9-1990. Further, during the year 1992, the Head Office again called for options in terms of Circular No.28/1992, dated 23-11-1992 for limited purpose of promotions to the post of Depot Clerk/TTI/Traffic Inspector Grade III, but no optional seniority list was published by the Head Office. Thereafter, the Executive Director’s Office, Vizianagaram verified the records and found that the petitioner had opted for placement in Kakinada Division and for promotion in Sathavahana Region as per the Circular No.56/1981-82, dated 4-11-1981, wherein existing ADCs were asked to exercise their options to the Region to which they should be placed in the present cadre i.e. ADC and to the Region in which they are willing to take next promotion. But, the petitioner’s name was not found in the seniority list published on 15-1-1986. Therefore, the Office of the Executive Director issued Proceedings dated 11-1-2000 by including the name of the petitioner in the seniority list at an appropriate place and directed the Regional Manager to take steps to promote the petitioner. In view of the averments in the counter, nothing survives for further adjudication in the Writ Petition, as of now. However, if the petitioner is promoted during the pendency of the Writ Petition, the same shall not be disturbed. Accordingly, the Writ Petition is closed. 13-8-2008 prk