IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 10007 of 2004 Between: H.Mahendra S/o. Krishnam Raju Elakatlu (P) Chittoor District. ..... PETITIONER AND 1 A.P.SR.T.C., Rep., by its Vice-Chairman and Managing Director, Musheerabad, Hyderabad. 2 The Executive Director (C&N) A.P.S.R.T.C. MGBS, Hyderabad. 3 The Regional Manager A.P.S.R.T.C. Tirupati Chittor District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to o issue a writ or order or directions, more in the nature of writ of mandamus directing the 2nd respondent herein to interview and promote the petitioner as Superintendent (Mech) in Nellore Zone and ﬁx his seniority on par with the petitioner's Juniors in the post of Superintendent (Mech) with all other beneﬁts including fixation of pay and payment of arrears. Counsel for the Petitioner:MR.P.GOVINDA RAJULU Counsel for the Respondent : MR.P.VINAYAKA SWAMY FOR RVAK. The Court made the following : THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 10007 of 2004 ORDER: The petitioner sought for issuance of the writ of mandamus directing the 2nd respondent herein to interview and promote the petitioner as Superintendent (Mech) in Nellore Zone and ﬁx his seniority on par with the petitioner's Juniors in the post of Superintendent (Mech) with all other beneﬁts including ﬁxation of pay and payment of arrears. The case of the petitioner is that he was appointed as Deputy Superintendent (Mechanic) in the 1st respondent Corporation on 6.1.2001 and posted to Piler Depot where he was working as Deputy Superintendent (Mechanic). The Deputy Chief Personnel Manger, Nellore by letter dated 14.5.2004 directed all the Depot Mangers and Work Mangers in Nellore and Chitoor Region to direct 23 candidates, who are working as Deputy Superintendent (Mech) to attend for interview on 19.5.2004 at 11.30 hrs to promote them as Superintendent (Mech) in Nellore Zone. It was further directed that all the Unit Oﬃcers to inform and to direct the employees for interview. The Deputy Chief Personnel Manager by letter dated 14.5.2004, ﬁxed the responsibility on all Depot Mangers to obtain acknowledgement from the employees whose names were shown in the panel of promotion. The petitioner was working at Piler under the control of Depot Manager, the authority failed to inform about the interview date to the petitioner and no letter was sent to him by Selection Committee or Deputy Chief Personnel Manager, Nellore. Due to failure to receive any communication with regard to the interviews, the petitioner could not attended the interview. It is his case that on 20.5.2004, the petitioner came to know through his friends that, the interviews were completed on 19.5.2004. He made an application before the respondent-Corporation on 20.5.2004 with a request to consider his case for promotion. In pursuance of his application dated 20.5.2004, the authorities enquired the matter and recommended his case for promotion by letter dated 21.5.2004 and 24.5.2004. It is also stated that the 3rd respondent by letter dated 25.4.2004 requested the 2nd respondent to consider the case of the petitioner for promotion, even then his case was not considered, though his juniors were promoted. Therefore, he ﬁled the present writ petition. On behalf of the respondent a counter aﬃdavit has been ﬁled and it is stated that the petitioner was appointed as Deputy Superintendent (Mech) under direct recruitment quota and working at Piler Depot from 6.1.2001. Anticipating the receipt of permission of VC & MD for ﬁlling up of vacancies of Superintendent (Mech) by promotion in Nellore Zone, records and willing/unwillingness was called for in advance vide letter dated 4.5.2004 of the Deputy Chief Personnel Manger, Nellore from all eligible Deputy Superintendents (Mech) including the petitioner as per ratio. After receipt of permission of VC & MD on 14.5.2004, letters have been addressed to the concerned Unit Oﬃcers on the same day requesting to direct the 23 eligible Deputy Superintendents (Mech) of Nellore Zone for attending the interview before the Departmental Selection Committee to consider their candidature to the post of Superintendent (Mech) by promotion. It is also stated that a letter was also addressed to the Depot Manager, Piler on 14.5.2004 advising to direct the petitioner to attend the oﬃce of the Deputy Chief Personnel Manger, Nellore on 19.5.2004 at 11:30 Hours for an interview, before the Departmental Selection Committee. The petitioner did not attend for interview. The petitioner submitted an application dated 20.5.2004 through Regional Manger/Chittoor Region stating that he was not aware of the date of interview ﬁxed on 19.5.2004 to the post of Superintendent (Mech) by promotion in Nellore Zone due to non-receipt of a letter to the DM’s Oﬃce, Piler. It is also stated that due to completion of selections, the petitioner’s case could not be reconsidered and his case may be considered in the next immediate vacancy of Superintendent (Mech), which will arise in Nellore Zone. It is also stated that since the petitioner failed to attend for interview, the eligible Juniors were selected and promoted to the post of Superintendent (Mech) vide oﬃce order dated 23.5.2004. The case of the petitioner is that he is working as Deputy Superintendent (Mechanic) in the 1st respondent-Corporation w.e.f 6.1.2001 and the interviews for the purpose of promotion to the post of Superintendent (Mech) fixed on 19.5.2004. It is a case of the petitioner that in the ﬁnal list, the name of the petitioner was shown at Serial No.6 and he is a senior employee. As he was not received the communication from the concerned authorities with regard to the interview to be attended by him on 19.5.2004, he could attend to the said interviews. It is only on 25.4.2004, the petitioner came to know about the interviews that have taken place on 19.5.2004. The interviews have been conducted and the promotions have been made on 23.5.2004. Therefore, the petitioner has lost the opportunity of getting the promotion pursuant to the interviews that are taken place on 19.5.2004 in which the petitioner was absent. In the counter it is stated that due to the completion of selection, the petitioner’s case could not be reconsidered and his case will be considered at the next immediate vacancies and the Superintendent (Mech), which will arise in Nellore Region. It is also stated by the respondent in the counter aﬃdavit that since the petitioner failed to attend the interview, the eligible juniors were selected and promoted to the post of Superintendent (Mech) vide oﬃce order dated 23.5.2004. The third respondent vide letter dated 24.5.2004 requested the 2nd respondent to consider the case of the petitioner for promotion, but no action has been taken by the 2nd respondent. Having regard to the facts and circumstance of the, though the petitioner was eligible for promotion, his case was not considered for the reason that he could not attended the interview that was scheduled on 19.5.2004. It appears that the promotion is not based on seniority but it is only by conducting interviews. Therefore, had the petitioner attended for the interview, his case was to be considered along with others, but he could not attended for the interview as such he was not promoted. Since the petitioner himself has submitted a representation dated 25.4.2004 to the authorities and that representation was considered and as the case was recommended by the 3rd respondent through his letter 21.5.2004 & 24.5.2004 to the second respondent to consider the case of the petitioner for promotion, but the 2nd respondent has not passed any order on the said representation with regard to the promotion of the petitioner. It is categorically stated in the counter ﬁled on behalf of the respondents that the case of the petitioner will be considered in the next immediate vacancies in the Superintendent (Mech), which will arise in the Nellore Region. It appears that the matter has been pending since 2004 and the 2nd respondent has not taken any steps for considering the case of promotion of the petitioner to the post of Superintendent (Mech) because of the petitioner has not been given any opportunity of presenting himself in the interview and the juniors have been promoted. Therefore, I am of the view that it is just and proper to direct the 2nd respondent to consider the case of the petitioner for promotion as per the rules to the post of Deputy Superintendent (Mech) in accordance with law. Having regard to the facts and circumstances of the case and in the interest of justice, I pass the following order:- The respondents are directed to consider the case of the petitioner for promotion in accordance with law and pass appropriate orders, within a period of two months from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No costs. _____________________ Justice G. Chandraiah Date:17.07.2008 mrb