THE HON’BLE MR JUSTICE L. NARASIMHA REDDY W.P.No.28634 of 2010 ORDER: The petitioner joined the service of the respondent-society as a Record Assistant, in the year 1983. He was promoted to the post of Junior Assistant on 21-12-1988. A seniority list was published in the cadre of Junior Assistants, on 01-11-1996. The petitioner was shown in the seniority list, at Sl.No.24. It is stated that a person by name, Siddaiah, who too was promoted as Junior Assistant, along with the petitioner, was shown at Sl.No.63. However, Siddaiah was promoted as Senior Assistant, on 15-07-1998, relaxing the qualification as to requirement of holding graduation decree and acquiring accounts test, as provided for under the Board resolution dated 22-02-1998. Similar facility was not extended to the petitioner. He contends that some other persons, who are juniors to him, were also promoted thereafter. The petitioner seeks a Writ of Mandamus in the form of declaration, to the effect that the proceedings issued by the respondent, dated 13-06- 2006, rejecting the case of the petitioner for promotion to the post of Senior Assistant as illegal, arbitrary and prays for consequential reliefs. Heard the learned counsel for the petitioner and learned counsel for the respondent. It is not in dispute that the Service Rules of the Society insist that a candidate must hold a Bachelor’s Degree and acquire accounts test for being promoted to the post of Senior Assistant. In addition to that, he should have standing of three years, as Junior Assistant. The petitioner, no doubt, does not hold the qualification of Degree. However, the Board of the Society passed a resolution dated 22-02-1988, relaxing such qualifications in favour of such Junior Assistants, who have put in five years of service, and passed in departmental tests. Though the petitioner is eligible for the benefit thereunder, he was denied the promotion. Identical question fell for consideration before this Court, in S. CHITTRANJAN DAS V. SECRETARY, A.P. RESIDENTIAL EDUCATIONAL INSTITUTIONS’ SOCIETY[1]. This Court took the view that the respondent is under obligation to extend the benefit under the resolution, and follow the seniority list in the feeder category posts, strictly. Hence, the writ petition is allowed, and the respondent is directed to extend the benefit of resolution dated 22-02-1998, to the petitioner, promote him to the post of Senior Assistant, if he holds the other qualifications, and assign him proper place in the seniority list of Senior Assistants. This exercise shall be completed within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. Dt.13-12-2010. KO [1] 2007 (5) ALD 212