HONOURABLE SMT JUSTICE T.MEENA KUMARI WRIT PETITION NO:5597 OF 2000 DATED:12.8.2010. Between: 1. Dr. B. Srinivasa Reddy and another …Petitio And: Andhra Pradesh Forest Development Corporation Limited, rep. its Vice Chairman & Managing Director. …Respon This Court made the following: HONOURABLE SMT JUSTICE T.MEENA KUMARI WRIT PETITION NO:5597 OF 2000 ORDER: This writ petition is filed seeking to issue a Writ of mand directing the respondent to review the office order No.434/94, 6.12.1994 and office order No.226/99, dated 1.7.1999 relating to prom to the posts of Divisional Managers and fill up the posts in accordance A.P. forest Development Corporation Limited Staff Regulations, 197 considering all eligible candidates including the petitioners herein. The case of the petitioners reads as follows: The petitioners were directly recruited as Plantation Manage 3.11.1982 and ever since they have been working as such. As Regulation 3(i) of the A.P. Forest Development Corporation Regulations, 1975, appointment to any post in the Corporation may be by direct recruitment, promotion, deputation or otherwise; Regulation 3 the Regulations provides for method of recruitment to the posts shown annexure to the Regulations; as per Regulation 17(b) promotion in a se shall be made on grounds of merit, seniority being considered only w merit is approximately equal and that in pursuance of the decision tak the Board of Directors of the respondent-Corporation in the 98th me held on 28.10.1993, amendments were made to Regulation 3(ii) Annexure to A.P. Forest Development Corporation Limited Regulations, 1975. The said amendment was notified unde proceedings No.PD/219183/II/123 (Office Order No.412/93), 22.12.1993 issued by the respondent herein. As per the said amend the posts of Divisional Managers are treated as Selection posts and a the method of selection, the said posts shall be filled on the basis of and the seniority being considered only where merit is approximately e As per the proceedings dated 20.10.1993 issued by the respondent candidates working as plantation managers and one candidate worki Assistant Estate Manager were promoted as Divisional Managers o basis of selection i.e., merit-cum-seniority and this was approved b Board of Directors of the Respondent Corporation. While so, the then Chairman and Managing Director of the respondent issued procee No.PD/2191/II/2403 (Office order No.354/94) dated 15.10.1994 keep abeyance the orders issued under office order No.412/93 dated 22/12/ regarding amendment to the staff regulations of A.P. Forest Develop Corporation Limited, without any jurisdiction. They also proceede promote twelve persons working as Plantation Managers and Ass Estate Managers to the posts of Divisional Managers on the bas seniority as per the proceedings No.PD/1-5-5/93 (Office order No.43 dated 6.12.1994, without approval of the Board of Directors o Corporation. The petitioners and others had given several representa to the respondent to review the office order No.354/94 dated 15.10.199 the office order No.434/94, dated 6.12.1994. On that, the respon Corporation issued proceedings No.PD/2191/II/99/3216 (Office No.224/99, dated 28.6.1999) cancelling the proceedings No.PD/2 (Office Order 354/94), dated 15/10.1994 on the ground that the proceedings are contrary to the decision of the Board of Directors. B respondent did not review the office order No.434/.94, dated 6.12.1 Further, the respondent-Corporation had taken steps for filling up the of Divisional Managers and issued an office order No.226/99, 1.7.1999 promoting two persons as Divisional Managers on the ba merit cum seniority. Hence, the petitioners made representatio 23.7.1999 to the respondent. But no action has been taken. Heard the learned Counsel and perused the material availab record. The main grievance of the petitioners is that in view of the passed by the Board of Directors No.224/1999, dated 28.6.1999 canc the proceedings No.PD/2191/II/2403 (Office order No.354/94), 15.10.1994, the office order No.434/94, dated 6.12.1994 cannot be sa be operative and that the appointment of the persons during the interre period should be reviewed. The fact remains that certain promotions were effected to the p Divisional Manager by keeping the amended staff regulations in abey and that the said promotions shall be inoperative in view of the operat the subsequent office order No.224/99, dated 28.6.1999. But, it is noted that the persons, who have been promoted are not made as partie view of the failure to add them as necessary parties in this writ petition Court is not inclined to review the said promotions. But however, in vi the grievance of the petitioners that they are entitled for promotion as p amended staff regulations, dated 2.12.1993, I feel that it would suffic direction is issued to the respondent-Corporation to consider the case petitioners for promotion to the post of Divisional Managers existing a 22.12.1993, as per the amended regulations, if they are otherwise eligib Subject to the above direction, the writ petition is disposed of order as to costs. _____________________ Justice T.Meena Ku Date:12.08.2010 NN HONOURABLE SMT JUSTICE T.MEENA KUMARI WRIT PETITION NO:5597 OF 2000 DATE:12.8.2010.