THE HON’BLE MS.JUSTICE G.ROHINI WRIT PETITION NO.12945 OF 2009 DT.07.10.2009 Between: P.Sivasankar Reddy ………..Petitioner Vs. The A.P.State Co-operative Rural Irrigation Corporation Ltd., Represented by its ManagingDirector, HACA Bhavan, Hyderabad. ………….Respondent. The Court made the following: O R D E R: The petitioner herein joined the service of the respondent Corporation on 10.12.1986 as Assistant Engineer. The post of Assistant Engineer was re-designated as Assistant Executive Engineer, with effect from December 2002. 2) It is not in dispute that by order, dt. 26.06.2003, the petitioner was posted to Ananthapur Sub-division as Incharge Deputy Executive Engineer, with effect from 26.06.2003. 3) This writ petition has been filed aggrieved by the alleged in-action on the part of the respondent Corporation in considering the petitioner for promotion to the post of Deputy Executive Engineer on regular basis. 4) It is pleaded by the petitioner that he had passed required departmental examinations i.e., P.W.D. Accounts Test conducted by the Andhra Pradesh Public Service Commission on 19.10.2008 and he had also acquired the qualification of M.B.A. As such, according to the petitioner, he is fully qualified for promotion to the post of Deputy Executive Engineer on regular basis. 5) In the counter affidavit filed on behalf of the respondent, it is stated that as per Rule 26 of the Special Bye-laws of the Corporation, promotion to the post of Deputy Executive Engineer shall be made on the basis of seniority-cum-efficiency. That apart, due to financial crisis in the Corporation, most of the staff was sent on deputation to other organizations and due to shortage of staff in the cadre of Deputy Executive Engineer, the petitioner has been kept Incharge of the post of Deputy Executive Engineer temporarily. It is also stated that the Government of Andhra Pradesh vide G.O.Ms.No.22, Agriculture & Cooperation (Coop.IV) Department, dt. 24.01.2009 issued orders for merger of respondent Corporation with newly formed A.P. Education & Welfare Infrastructure Development Corporation and consequent to the said merger, the further action is still under process. Though, the fact that there are vacancies in the cadre based on work-load has not been denied, it is pleaded that due to critical financial position, the Corporation is not in a position to make the promotions. 6) I have heard the learned counsel for both the parties. 7) As could be seen from the counter affidavit, vacancies are available in the cadre of Deputy Executive Engineer. According to the petitioner, he is fully qualified for promotion and that apart he is the senior most in the cadre of the Assistant Executive Engineer. That apart, admittedly, he has been kept as Incharge Deputy Executive Engineer with effect from 26.06.2003. 8) In the circumstances, I deem it appropriate to dispose of the writ petition with a direction to the respondent Corporation to consider the representation of the petitioner, dt.27.05.2009 for promotion to the post of Deputy Executive Engineer and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of this order. 9) The writ petition is accordingly disposed of. No costs. ___________ G.ROHINI J., Dt.07.10.2009 tjs