THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.10161 of 2009 Dated: 28.04.2010 Between: K. Ramaiah. .. Petitioner. And A.P. State Road Transport Corporation, Rep. by its Managing Director, Musheerabad, Hyderabad, and another. .. Respondents. ORDER: It appears, the petitioner, who belongs to Scheduled Tribe (Erukala) community, was initially appointed in the cadre of Shramik with effect from 19.09.1977, and subsequently promoted as a Coach Builder Grade-I in the year 1990. According to the petitioner, there were 29 Leading Hand posts in existence, but the respondent Corporation reduced the same to 12. Out of 12 such posts, eighth post will be earmarked for ST candidate. The grievance of the petitioner is that the respondent Corporation already filled up seven vacancies of Leading Hand posts, and his case for promotion to the said Leading Hand post is not being considered in the 8th post, which is vacant and earmarked for ST category. Hence, the petitioner filed this writ petition seeking appropriate directions. There is no necessity of going into all the details. At paragraph 4 of the counter affidavit filed by the respondents, it is stated that sanction was accorded to fill up two posts of Leading Hand by promotion to the employees from Body shop, whereas ten posts of Leading Hand by promotion to the employees from Chasis shop. It is further stated that the rule of reservation in promotions category need not be followed if the cadre strength is below 5. It is also stated that since sanction was accorded to fill up only two posts in the cadre of Leading Hand by promotion to the employees from Body shop, the Rule of Reservation is not applicable in respect of those posts. The aforesaid stand taken in the counter affidavit is strengthened by Circular No.PD-28/2003, dated 16.04.2003, which finds place in the material papers filed along with the writ petition. Guideline (b) of the said circular reads as under: “Reservation in promotion in favour of Scheduled Castes and Scheduled Tribes shall be implemented in promotion in all the categories of posts in all Departments of Corporation whose total cadre strength of posts is more than five (5).” The fact that sanction was accorded to fill up only two posts of Leading Hand by promotion to the employees from Body Shop and that the petitioner is working as a Coach Builder Grade-I, which falls under the category of Body Shop, are not denied. Therefore, in view of the aforesaid guideline of the circular dated 16.04.2003 and the aforesaid stand taken in the counter affidavit, the claim of the petitioner for promotion to the cadre of Leading Hand under the rule of reservation cannot be considered. Thus, the writ petition is devoid of merits and is liable to be dismissed. Accordingly, the writ petition is dismissed. However, this will not preclude the authorities from considering the case of the petitioner in any routine system available in filling up the vacancies in the cadre of Leading Hand. _____________ C.V.RAMULU,J 28.04.2010 v v