IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 4619 of 1999 Between: Dr.J.Ramamohan Rao, S/o. Venkateswara Rao, Main Hospital, Singareni Colleries Company Ltd., Kothagudem & R/o. B-241, Doctor's Quarters, Main Hospital Area, Kothagudem, Khammam District. ... PETITIONER AND 1 Singareni Collieries Company Ltd., rep. by its Chairman and Managing Director, Kothagudem, Khammam District. 2 Dr. Krishnamohan, Radiologist Main Hospital, S.C.C.Ltd., Kothagudem, Khammam District. 3 Dr.M.M.Reddy, Head Officer Main Hospital, S.C.C.Ltd., Kothagudem, Khammam District. 4 Dr. Vishalam, Ananesthesiast, Main Hospital, S.C.C.Ltd., Kothagudem, Khammam District. 5 Dr.S.G.K.Murthy, Anaesthesiast, Main Hospital, S.C.C.Ltd., Kothagudem, Khammam District. ...RESPONDENTSS 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 in the Nature of Mandamus declaring the action of the 1st respondent in seeking to consider the cases of the Respondents No.2 to 5 to be promoted from E5 grade to the post of Medical Superintendent (E6 grade) ignoring the fact that they have refused to accept the promotion as Deputy Medical Superintendent from E4 grade to E5 grade on administrative side on earlier occasion and in considering the Respondents No.2 to 5 herein as eligible candidates to be promoted as Medical Superintendent as illegal, arbitrary, discriminatory and malafide offending Art.14 of the Constitution of India and consequentially to direct the Respondent No.1 to refrain from considering the cases of Respondents No.2 to 5 while considering the case of the petitioner for the purpose of making promotions to the post of Medical Superintendent (E6 grade) from E5 grade and to pass Counsel for the Petitioner: MR.MUMMANENI.SRINIVASA RAO Counsel for the Respondents: MR.K.SRINIVASA MURTHY The Court made the following : ORDER: - Sri P.V.Mahesh, learned counsel representing Sri M.Srinivasa Rao, learned counsel for the petitioner, submits that the writ petition has become infructuous. Recording the said submission, the writ petition is dismissed. There shall be no order as to costs. ___________________________ JUSTICE SANJAY KUMAR 31st July, 2009 LMV