HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.169 of 2011 Dated: 31.03.2011 Between: TUMAGANTI ROOP KISHORE ..... PETITIONER AND THE CIRCLE HEAD, PUNJAB NATIONAL BANK, HYDERABAD & OTHERS .....RESPONDENTS The Court made the following : HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.169 of 2011 ORDER: The writ petition is filed by the petitioner seeking for issuance of writ of mandamus to declare the action of the respondents in not allowing the petitioner for interview/written test for selection and appointment to the post of peon in subordinate cadre as highly arbitrary, discriminatory, apart from violation of Articles 14 and 16 of Constitution of India and contrary to the judgment of the Apex Court in 1996 (6) Scale, page 676 and consequently to direct the respondents to consider the case of the petitioner for selection to the post of peon in subordinate cadre without insisting the name of the petitioner being sponsored from the Employment Exchange. The case of the petitioner is that for the past 3 years, he is rendering his services as helper in the Punjab National Bank, Srikakulam Branch and the 2nd respondent sought to fill up certain vacancies for the post of peon in subordinate cadre and accordingly, addressed a letter dated 7.10.2010 to the 4th respondent, the Employment Officer requesting to sponsor the names of five candidates from the roles of exchange for filling up the post. As per the judgment of the Apex Court in the judgment reported in 1996 (6) Scale, 676, the appointing authority in the event of filling up any vacancies should give a wide publicity enabling the eligible candidates to make an application. But, the said judgment has not been followed in this instant case and therefore, the action of the respondents is illegal and arbitrary. Hence, the present writ petition is filed. On 12.1.2011, while issuing notice before admission, this Court granted the following interim direction: “There shall be an interim direction to the respondents to receive the application of the petitioner and consider the same in accordance with law even if he is not sponsored by the Employment Exchange.” The learned standing counsel for the respondents submits that in compliance with the direction given by this Court, the candidature of the petitioner will be considered by interviewing him along with others. In that view of the matter, without expressing any opinion on the merits of the case, the respondents are directed to take further action in accordance with law. With the above direction, this writ petition is disposed of. _____________________ Justice G. Chandraiah Dated: 31.03.2011 gurc. HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.169 of 2011 Dated: 31.03.2011