IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 2950 of 2009 Between: Chintalapati Srihari Varma s/o.Ch.Sitarama Raju Tuni, East Godavari District ..... PETITIONER AND 1 Union of India., rep.by its General Manager, South Central Railway, Railway Nilayam, Secunderabad 2 The Chief Personnel Officer, South Central Railway Head Quarters office, Personnel Branch, 4th floor Rail Nilayam, Secunderabad 3 The Deputy Chief Personnel Officer, GAZ South Central Railway Head Quarters Office,Personnel Branch, 4th floor Rail Nilayam, Secunderabad 4 Shaik Abdul Hussain S/o.Not known South Central Railway, Secunderabad 5 T.Suresh Babu S/o.Not known South Central Railway, Secunderabad 6 G.Harinarayana Chowdary S/o.Not known South Central Railway Vijayawada 7 P.Srinivas S/o.Not known South Central Railway, Vijayawada 8 S.S.V.Prasad Rao S/o.Not known South Central Railway Vijayawada 9 B.Yellaiah (SC) S/o.Not known South Central Railway, Miryalaguda 10 The Central Administrative Tribunal Hyderabad Bench, Hyderabad, rep.by its Chairman .....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 to issue an appropriate writ order or direction more particularly one in the nature of writ of certiorari to call for the records relating to the orders passed in OA.No.505 of 2008 dated 22.9.2008 on the file of the Central Administrative Tribunal;, Hyderabad Bench, Hyderabad i.e. 10th respondent herein and to quash the same as illegal, arbitrary unjust and against to the principles of natural justice and consequently direct the respondent No.1 and 2 herein to consider the case of the petitoner for promotion to post of AEE in Electrical Department and to grant such other relief or reliefs as this Hon`ble court deems fit and proper in the circumstances of the case Counsel for the Petitioner:MR.PALLENAGESWAR RAO Counsel for the Respondent No.: MR.R.S.MURTHY The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR W.P. No. 2950 of 2009 ORDER: (per GHULAM MOHAMMED, J) This writ petition is filed assailing the order, dated 22.9.2008 passed by the Central Administrative Tribunal, Hyderabad in O.A.No.505 of 2008 whereunder the claim of the petitioner to promote him to the post of AEE in Electrical Department, was rejected. 2. The brief facts of the case are that the petitioner is working as Section Engineer in the Electrical Department in South Central Railway. A notification dated 22.06.2007 was issued for filling up of Group B posts of AEE in Electrical Department and the number of vacancies notified were SC-01, ST- Nil, UR-05: total-6. The petitioner applied for the said post on 9.7.2007. The second respondent after receiving applications from the petitioner and other candidates, prepared a list of eligible candidates and directed them to appear for selection to the said post. Petitioner’s name was listed at Serial No.160 and he was directed to appear for written examination on 15.5.2008 and accordingly he appeared and qualified in the examination. Subsequently, the second respondent issued a letter dated 12-06.2008 declaring him as eligible and directed to appear for Viva-Voce, subject to passing medical examination. The Medical Examiner examined the petitioner and issued a certificate of physical fitness vide Certificate dated 20/23-6-2008 and he appeared for Viva-Voce conducted on 28.7.2008. The second respondent issued provisional panel of promotion dated 29.7.2008 declaring the panel of successful candidates. The petitioner’s name was not found in the panel and his juniors were promoted. Aggrieved by the same, the petitioner filed O.A.No.505 of 2008 before the Tribunal and the same was dismissed on 22.09.2008. Challenging the same, this writ petition has been filed. 3. The learned counsel for the petitioner contended that the provisional panel of promotion dated 29.7.2008 is vitiated with material irregularities as the candidates whose names were mentioned in the promotion list, are juniors and less qualified than the petitioner. 4. Having regard to the facts and circumstances of the case, inasmuch as the petitioner has secured less marks than all other candidates and when such is the situation, the petitioner is not entitled for promotion. The petitioner can approach before appropriate forum to redress his grievance. Therefore, we are of the view that this is a case where this court cannot interfere under Article 226 of the Constitution of India. 5. In the circumstances, the writ petition is dismissed. However, this order does not preclude the petitioner from taking steps before the appropriate forum. No order as to costs. ______________________ GHULAM MOHAMMED,J ​ _____________ SANJAY KUMAR,J 17.2.2009 Stp THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR W.P. No.2950 of 2009 17 - 2 -2009