IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 669 of 2000 Between: V.Venkateshwarlu, S/o V.Seetharamanuja Chary, A.P.S.W.R.S/Junior College for Girls, Suryapet, Nalgonda District. ..... PETITIONER AND 1 The Joint Secretary, A.P.S.W.R.E.I.S., Masab Tank, Hyderabad. 2 The Convenor, A.P.S.W.R.S./Junior College for Boys, Bhongir, Nalgonda District. 3 The Principal, A.P.S.W.R.S./Junior College for Girls, Suryapet, Nalgonda District. .....RESPONDENTS 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 issue a writ, order or direction, more particularly one in the nature of Writ of Certiorari calling for the records relating to the impugned proceedings issued in RC.No.A/506/98-99 dt.18/12/1999 by the Respondent No.1 and set aside the same,in the intrest of justice and pass such other order or further orders as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner :MR.N.JANAKI RAMA RAO Counsel for the Respondents : MR.K.DURGA PRASAD The Court made the following : HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 669 of 2000 ORDER : In this writ petition, the petitioner questions the order dated 18th December 1999, passed by the 1st respondent – Joint Secretary of A.P.Social Welfare Residential Education Society (APSWREIS), in Proceedings RC.No.A/506/98-99. 2. By the impugned proceedings, the petitioner, who was working as Junior Assistant-cum-Typist in A.P.Social Welfare Residential Junior College for Girls at Suryapet, was transferred and posted as Record Assistant in the Society’s junior college in Bhongir town of Nalgonda District. The main grievance of the petitioner is that as he was already promoted to the post of Junior Assistant and posted as such, his posting as Record Assistant by virtue of the impugned proceedings, is illegal. 3. Counter affidavit is filed by the respondents, stating that the petitioner was appointed in the post of Record Assistant at first instance in A.P.Social Welfare Residential School, Nallavagu in Medak District, but however, he was permitted to work in the post of Junior Assistant-cum-Typist in the school at Rajapet vide proceedings dated 31.03.1997. The said posting was, however, subject to condition of his acquiring the requisite qualifications i.e. an intermediate and typewriting higher in Telugu and English. It is stated that as the petitioner did not acquire the requisite qualifications, he was posted again as a Record Assistant. 4. From the counter affidavit filed on behalf of the respondents, it is clear that petitioner was never promoted to the post of Junior Assistant. Though he was posted in the vacancy of a Junior Assistant, but he was not given any promotion as such, and he was never extended the scale of pay attached to the post of Junior Assistant. In that view of the matter, the allegation of the petitioner that he was reverted to the post of Record Assistant from the post of Junior Assistant, is baseless. Merely because the petitioner was posted in the vacancy of Junior Assistant for some time on condition of attaining the requisite qualifications without extension of the benefit of scale of pay etc. attached to the post of Junior Assistant, it cannot be said that he was promoted to the post of Junior Assistant. 5. In that view of the matter, as the petitioner was admittedly not qualified as per the rules notified by the Society to hold the post of Junior Assistant, and in the absence of any promotion to the said post, he cannot question the impugned order merely because the said order was not preceded by any notice. Further, a reading of the impugned order indicates that posting of petitioner at Bhongir, is the transfer simpliciter on administrative grounds, but not on reversion from the post of Junior Assistant to that of Record Assistant. 6. For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. However, it is made clear that if there is any promotion already given to the petitioner on acquisition of requisite qualifications subsequent to filing of this writ petition, this order will not affect any such promotion. ______________________ R. SUBHASH REDDY, J 14th August 2008 ajr To 1 The Joint Secretary, A.P.S.W.R.E.I.S., Masab Tank, Hyderabad. 2 The Convenor, A.P.S.W.R.S./Junior College for Boys, Bhongir, Nalgonda District. 3 The Principal, A.P.S.W.R.S./Junior College for Girls, Suryapet, Nalgonda District.