IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 169 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 30/01/2008 in WP No : 32462 OF 1997 on the file of the High Court.) Between: 1 The Singareni Collieries Company Limited, Srirampur Project, rep. by its General Manager, Srirampur Post, Adilabad District. 2 The Superintendant of Mines, Srirampur-II Incline, Srirampur, Adilabad District. 3 Addl. Chief Mining Engineer, Indaram Group of Mines, Srirampur, Adilabad District. ..... APPELLANTS AND A. Madhusudhan Reddy S/o. Narayana Reddy R/o. Q.No.1134, Godavari Colony, C.C.C.Post, Mancherial, Adilabad District. .....RESPONDENT Counsel for the Appellant:Ms. V.Uma Devi Counsel for the Respondent: Smt K.Udaya Sri The Court made the following : J U D G M E N T (Per the Hon’ble Sri Justice C.V.Nagarjuna Reddy): This writ appeal is filed against order dated 30-01-2008, of the learned Single Judge whereby he directed the appellants to continue the respondent in his officiating status as Munshi and pay all the allowances as per his eligibility till he is appointed against the regular vacancy of Munshi, if not already appointed. Heard Ms V.Uma Devi, learned counsel for the appellants, and Smt K.Udaya Sri, learned counsel for the respondent. The respondent was appointed in the appellants’ organization on 11-12-1982 and promoted as underground Trammer on 01-08- 1984. He had been working in that capacity at Sreerampur-II Incline since 18-09-1985 and his category was upgraded to Service Link Upgradation with effect from 01-07-1995. Depending upon the exigencies of work, the respondent is allowed to officiate in the post of Munshi Grade-III. The respondent filed W.P.No.32462 of 1997 feeling aggrieved by the inaction of the appellants in considering his case for promotion to the post of Munshi in Sreerampur–II Incline. In the counter-affidavit, the appellants, inter alia, mentioned that the respondent is not the senior most amongst the Trammers at Sreerampur-II incline and that there are 12 other Trammers, who are seniors to him. It is further averred that the respondent’s case will also be considered as and when his turn will come up for promotion and depending upon the exigencies of work, he will be allowed to continue to officiate in the post of Munshi Grade-III. The appellants are aggrieved by the direction given by the learned Single Judge to continue the respondent in his officiating status as Munshi till such time as he is appointed in the regular vacancy of Munshi. At the hearing, the learned counsel for the appellants submitted that the direction of the learned Single Judge will have the effect of compelling the appellants to continue the respondent to officiate as Munshi, even where such a contingency did not arise. Having heard the learned counsel for the respondent, we are of the view that the appellants cannot be compelled to continue the respondent on the officiating duty as Munshi, if the exigencies of work do not warrant such continuance. Therefore, we modify the order of the learned Single Judge by holding that the appellants shall continue the respondent in the officiating post of Munshi so long as there is need and we further direct that as and when the respondent’s turn for promotion to the post of Munshi comes up, he shall be considered for promotion on regular basis. Subject to the above modification, the writ appeal is disposed of. As a sequel to disposal of main appeal, WAMP No.376 of 2009 filed by the appellants for interim relief is disposed of as infructuous. T. MEENA KUMARI, J Dated 3rd March, 2009 C.V. NAGARJUNA REDDY, J vrn