THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION No.23929 of 2010 Between: V. Annapalina. .... PETITIONER(S) AND .....RESPONDENT(S) THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION No.23929 of 2010 ORDER: (per HON'BLE SRI JUSTICE GHULAM MOHAMMED) The petitioner is working as Senior Assistant in the RWS Sub Division, Tadepalligudem. She was promoted as Superintendent vide proceedings dated 18-3-2010 and was posted to Jeeelugumilli in the office of the Mandal Praja Parishad. She was inclined to relinquish her promotion temporarily for one year and requested the 1st respondent to continue her in the same post of Senior Assistant on the health grounds of her husband and education of her son. According to the petitioner the promotion is a conditional appointment and that she has got right to relinquish the promotion post and if she does not join the promotional post she will forego the promotion for the present. As her representation was not being considered, she filed O.A.NO.1800 of 2010 before the Tribunal and the Tribunal directed the 1st respondent to consider and pass appropriate orders on the representation dated 18-3-2010. It was also directed by the Tribunal that till the appropriate orders are passed she should not be disturbed from the present place. Pursuant to the orders of the Tribunal, the 1st respondent has passed the orders on the representation of the petitioner rejecting her request by proceedings dated 1- 4-2010. The petitioner therefore filed the O.A.No.2236 of 2010 aggrieved by the proceedings dated 1-4-2010 issued by the 1st respondent in rejecting her claim for relinquishment of her promotional post of Superintendent and for continuation as Senior Assistant in the office of the Deputy Executive Engineer, RWS & Sub Division, Tadepalligudem. Having heard the learned counsel on either sides, it is seen from the records that promotion orders were dispatched to the applicant and that she made a representation relinquishing the promotion to the post of Superintendent for a period of one year. The petitioner is staying in the said station for the last 7 years. According to the respondents, the request of the petitioner for her staying at the present station for one year on the ground of ailment to her husband would also over by 2011 and that the petitioner has not challenged the promotional order. The 4th respondent herein was posted on promotion at Tadepalligudem and joined the duty on 20- 3-2010 duly issuing relieving orders to the petitioner to enable her to join as Superintendent in Jeelugumilli Mandal. The Tribunal in the circumstances of the case, rightly came to the conclusion that the G.O.Ms.No.145 dated 15-6-2004 does not give any right in favour of the petitioner to relinquish promotion for a period of one year. In the circumstances, we do not see any ground to interfere with the impugned order passed by the Tribunal. The writ petition fails and is dismissed. However, it is made clear that the petitioner, after complying with the promotional order, is at liberty to make out her grievance as to transfer her to suitable place in view of health condition of her husband, and that the appropriate authority may consider and dispose of the same by passing orders in accordance with law within a period of four weeks. Subject to above observations, the writ petition fails and is dismissed. No costs. ________________________ GHULAM MOHAMMED, J ________________ K.G.SHANKER, J. 9-2-2011 KK THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION No.23929 of 2010 9-2-2011