IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 399 of 2006 Between: M.A. Majeed, S/o. Faizuddin, Muslim, APSRTC, Nizamabad-I Depot, R/o. Nizamabad. ..... PETITIONER AND 1 The Vice-Chairman & Managing Director, APSRTC, Musheerabad, Hyderabad. 2 The Vigillance & Security Officer, Office Of Asst. Director (V&S), APSRTC, Vijayawada Zone, Vijayawada. 3 The Vigillance & Security Officer, APSRTC, Karimnagar. 4 Depot Manager, APSRTC, Nizamabad-I Depot, Nizamabad. 5 Smt. L.S. M. Ramasree, Spl.Grade RTO, on Deputetion to APSRTC, Asst.Director (Vigillance& Security), Vijayawada, Krishna Dist. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein, the High Court may be pleased to issue a writ in the nature of Mandamus or any other writ, order or direction to declare the action of the respondents illegal, irregular, high handed, in violation of APSRTC Employees Regulations 1963 and also in violation of Arts.14 and 16 of the Constitution of India leading the issuance of the notification Dt.26-09-2005 in No.SDI/225(19)/2005-PO.II, in not considering the case of the petitioner for promotion. Counsel for the Petitioner:MRS.A.MALATHI Counsel for the Respondents: SMT.B.G.UMA DEVI The Court made the following : THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.399 of 2006 ORDER: The petitioner was appointed as Security Assistant Sub-Inspector in the A.P.S.R.T.C. and at present, he is working in Nizamabad-I Depot. The promotion from that post is to the post of Sub-Inspector. The respondents have initiated steps for effecting promotions. The cases of the petitioner and other eligible candidates were considered and a final list of selection was published in notification dated 26.09.2005. It was mentioned that the petitioner did not come up to the standard for selection and, as such, he was not selected. The petitioner challenges the same. The petitioner further contends that he stands second in the seniority list and he was denied promotion without any basis. He contends that minor punishments imposed for trivial lapses were treated as grounds for denying promotion. On behalf of respondent Nos.1 to 4, a counter affidavit is filed. It is stated that the petitioner was also considered for promotion, but was not selected, on account of the fact that he has been inflicted punishments on four occasions and that he secured negative marks in the selection process. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. It is no doubt true that the petitioner stands second in the seniority list and several juniors to him were promoted to the post of Sub- Inspector. Though it may appear somewhat abnormal that the juniors to the petitioner are promoted, a scrutiny of the personal record of the petitioner reveals otherwise. The Promotions were effected by following objective criteria. Specific marks were allocated for factors like length of service, additional qualifications, rewards and special activities. Provision is also made for negative marks, in case the employees were inflicted with punishments. In the entire process, the petitioner secured 36 marks out of total 100 marks. He did not cross the benchmark of 50. It is not in dispute that the petitioner was inflicted with punishment on four occasions through orders dated 01.03.2002, 03.03.2004 (two orders) and 31.08.2005. Under these circumstances, it cannot be said that any illegality was committed by the respondents in denying promotion to the petitioner. The writ petition is, accordingly, dismissed. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY,J 11.06.2008 v v To 1 The Vice-Chairman & Managing Director, APSRTC, Musheerabad, Hyderabad. 2 The Vigillance & Security Officer, Office Of Asst. Director (V&S), APSRTC, Vijayawada Zone, Vijayawada. 3 The Vigillance & Security Officer, APSRTC, Karimnagar. 4 Depot Manager, APSRTC, Nizamabad-I Depot, Nizamabad. 5 2 CCs to 6 2 CD copies.