THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition Nos.11922 & 23257 of 2011 COMMON ORDER: The petitioners in both the writ petitions are working as Divisional Managers in the A.P. Forest Development Corporation, the 2nd respondent in both the writ petitions. The Board of Management of the 2nd respondent at its meeting held on 30-06-2009 proposed upgradation of 3 posts of Senior Divisional Managers to the rank of General Managers and 3 posts of Divisional Managers to the rank of Senior Divisional Managers, and submitted the same to the Government, the 1st respondent. The latter in turn issued G.O.Ms.No.342 dated 25-11-2010, according sanction. The petitioners contend that though the posts of General Managers, upgraded through G.O.Ms.No.342, were filled up by appointing eligible candidates, no such steps were taken as regards the posts of Senior General Managers. The petitioners in W.P.No.11922 of 2011 are at Sl.Nos.2 and 3 of the seniority list as it stands now. The petitioner in the other writ petition is at Sl.No.1. The petitioners contend that, though appointment to the posts of Senior Divisional Managers is strictly to be on the basis of seniority, the 2nd respondent is taking steps to refer the matter to the internal promotional committee, as though selection process is involved. It is in this context, that the petitioners seek appropriate directions to the respondents. Heard Sri A. Rajendra Babu, and Sri M.P. Chandramouli, learned counsel for the petitioners, learned Government Pleader for Forest, and Sri K. Raman, learned counsel for the 2nd respondent. In the hierarchy of the 2nd respondent-Corporation, various posts are included, and they are divided into different categories. In the Technical wing, the posts of Managers/Senior Divisional Managers are at the helm and next in the hierarchy is the post of Divisional Manger. While appointment to the post of Divisional Manager is by way of direct recruitment, promotion or deputation, appointment to the post of Senior Divisional Manager is by way of promotion or deputation. No direct recruitment is provided, much less selection process is involved. Out of the existing posts of Divisional Managers, three were upgraded as Senior Divisional Managers in such a way that there is no increase in the establishment at all. In other words, the strength of the Divisional Managers is reduced by 3, and that of Senior Divisional Managers is increased by 3. When the Rules provide for promotion or deputation to the post of Senior Divisional Manager, there is no scope for introducing the element of selection. Deputation can be resorted to, only when eligible departmental candidates are not available for promotion. Indiscriminate deputation would bring an element of frustration in the employees, that are working in the feeder categories. The 2nd respondent issued office orders, which, in a way, indicate that the posts of Senior Managers are classified as selection posts, and fitness/seniority posts. The post of senior manager does not occur in the category of selection posts. The rule, which provides for appointment by way of promotion remains intact. At any rate, no office order can be issued changing the method of appointment or promotion to the posts in the establishment. For the foregoing reasons, the writ petitions are disposed of, directing that the respondents shall fill the posts of Senior Divisional Managers upgraded through G.O.Ms.No.342, dated 25-11-2010, by promoting the Divisional Managers, as per their seniority, subject however to their being found to be eligible. The process shall be completed within four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.14-10-2011. KO