IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO.19853 OF 2009 Between: Raheemuddin …PETITIONER AND 1. The Chief Executive Officer. 2. The Chairman. 3. The Joint Registrar …RESPONDENTS The Court made the following : THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO.19853 OF 2009 O R D E R: This writ petition is filed seeking a mandamus declaring the action of the respondents in not taking immediate action to trace out the petitioner record and not considering his case for promotion as per the rules and regulations of the Bank, as arbitrary and illegal. 2. According to the petitioner, he was the Secretary to P.A.C.S. Limited, Pothkapalli Co-operative Society, Karimnagar District. The Government issued G.O.Ms.No.67, dated 20.02.2009, permitting the District Cooperative Central Banks to take back the services of de- categorized paid Secretaries to enable the PACS, to comply with expenditure ceilings fixed under Section 115-D (2) of the Andhra Pradesh Cooperative Societies Act,1964. The said G.O. further states that all the Paid Secretaries will constitute as special category of Assistants and will draw emoluments in the scale fixed by the Government in G.O.Ms.No.106 dated 18.04.2008, from the date of appointment in the District Cooperative Central Banks. He further submits that he is entitled for promotion as per the said G.O. 3. The respondents filed counter contending that the petitioner was appointed as Secretary on 10.06.1977 and was posted in Ambala P.A.C.S. The common cadre Secretaries was abolished w.e.f. 1985 and by proceedings dated 13.05.1987 he was allotted to the P.A.C.S.Srirampur. While so, he was suspended from Service by proceedings dated 25.10.1991, for misappropriating an amount of Rs.21,753/-. On reinstatement into service he was posted at PACS, Pothkapally. However, from 29.09.1996, he absconded from duty, till date and thus, he abandoned the service voluntarily and he is no more on the rolls of the P.A.C.S. Pothkapally, and the question of absorbing him as Special Category, Assistant in the Respondent –Bank does not arise. 4. A perusal of the record shows that since 1996, petitioner was absconding from duty and his whereabouts are not known. However, he filed this writ petition seeking permission to give the promotion as per G.O.Ms.No.67 dated 20.02.2009. Firstly, petitioner is not in service as on today. According to the respondents, the petitioner was absconding for the last 14 years and unless and until he is reinstated into service, he is not entitled for promotion. I am of the opinion that this is nothing, but speculative in nature. Under these circumstances, the writ petition is liable to be dismissed. 5. Accordingly, the writ petition is dismissed. There shall be no order as to costs. _________________ C.V. RAMULU, J JUNE 30, 2010. YVL/DA