THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 19602 of 2010 O R D E R: This Writ Petition has been instituted seeking a writ of mandamus for declaring the action of the respondents in not filling up the post of Deputy Manager (Finance) as arbitrary, illegal and unjust and consequently to direct the respondents to fill up the post of Deputy Manager (Finance) with immediate effect. The writ petitioner was promoted on 01.09.2003 to the post of Manager (Finance) in the 1st respondent organization. The post of Deputy Manager (Finance) was inferior in status to the post of Manager (Finance). On the ground that when Sri Thirmuthula, Deputy Manager (Finance) retired on attaining the age of superannuation on 30.06.2010, a vacancy of Deputy Manager (Finance) has become available to be filled up with effect from 01.07.2010 and the said vacancy has not been filled up for the past nearly six weeks, but however, the duties of the said post have all been directed to be performed by the Manager (Finance) i.e. the writ petitioner, the present Writ Petition has been instituted with the prayer noted supra. I am afraid, that the writ petitioner has no locus to institute this Writ Petition. When once the post of Deputy Manager (Finance) occupies the inferior status to the post held by him, the writ petitioner cannot be construed to be an aggrieved person in any manner in the 1st respondent not filling up the said vacancy. In the exigency of service, there can be several reasons for the 1st respondent organization to justifiably delay the process of filling up the vacant posts. No sinister design or motive in that regard can be attributed. If the writ petitioner occupying a superior status as that of Manager (Finance) was asked to shoulder additional responsibilities, it amounts to a call of duty rather than a burdensome affair. An employer has got a right to fill up every vacancy which is permanent and sanctioned in its establishment and at the same time, for certain justifiable reasons it may hold up the selection and appointment against such vacant post. Not even six weeks period has elapsed since the alleged date of arising the vacancy of Deputy Manager (Finance). I therefore, do not see any reason to entertain this Writ Petition. The Writ Petition is therefore, liable to be dismissed and it is accordingly dismissed. No costs. However, the respondents will take all such necessary steps to ensure that the post of Deputy Manager (Finance) is filled in as expeditiously as possible and if for any reason, it is decided not to fill up, the grievance of the writ petitioner with regard to additional quantum of work load may be appropriately redressed. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 11th August 2010 ksld