IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8674 of 2008 Between: 1 J. Sudhakara Rao, S/o. Rajaish, R/o. Armoor, Nizamabad District. 2 A. Narsa Goud, S/o. Narsa Goud, R/o. Nizamabad, Nizamabad District. 3 G. Narsing Rao, S/o.Ganga Rao, R/o. Kamareddy, Nizamabad District. 4 G. Ganga Ram, S/o. Ramji, R/o. Banswada, Nizamabad District. 5 P. Sattaiah, S/o. Ganaga ram, R/o. Nizamabad, Nizamabad District. 6 P. Pundarikam, S/o. Pandari, R/o. Bodhan, Nizamabad District. 7 Syed Gasuer Rehman, S/o. Faizur Rahman, R/o. Nizamabad, Nizamabad District. 8 M.J. Muneeruddin, S/o. Wazeeruddin, R/o. Bichkunda, Nizamabad District. 9 A. Raghavendra Rao, S/o. Malikarjuna Rao, R/o. Nizamabad, Nizamabad District. 10 Shaik Naik Bhasha, S/o. Abdul Khader, R/o. Yella Redy, Nizamabad District. ..... PETITIONER(S) AND 1 Northern Power Distribution Company Limited (NPDCL), Represented by its Chairman and Managing Director, Warangal. 2 Superintending Engineer, (operation) NPDCL, Nizamabad. .....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 a writ, order or direction; more particularly, one in the nature of writ of Mandamus declaring the action of respondents in not effecting promotions to the ost of Junior Accounts Officers (JAO) in Nizamabad district though ther are posts available is illegal and unconstitutional and consequently direct the respondents to effect promotions to the post of JAO forth with after declaring that the seniority of the petitioners in the cadre of JAO will not be effected due to this delay and pass such other order orders as this Hon'ble Court may be pleased to in the interest of justice. Counsel for the Petitioner:MR.K.S.MURTHY Counsel for the Respondent No.: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8674 of 2008 ORDER: The petitioners are working as Upper Division Clerks in the Northern Power Distribution Company Limited, 1st respondent herein. The next higher post is Junior Accounts Officer (J.A.O.), for which the District is the unit. All the petitioners are working in the Nizamabad District. They state that though there are number of vacancies and there is acute necessity for making promotions, respondents 1 and 2 are not effecting them, on one pretext or the other. They further contend that on account of the delay in promotions, they are likely to become juniors to their counter parts in other Districts, and that, in turn, would affect their promotional avenues to further higher posts. The writ petition was adjourned on a number of occasions, to enable the learned Standing Counsel for the respondents, to obtain instructions. It is stated that though there exist adequate number of vacancies and there is need for promotion, the respondents are feeling the impediment, on account of an order issued by this Court in W.P.No.17288 of 2007. Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondents. The relevant Service Regulations prescribe the procedure to be followed in the matter of effecting promotions to the post of J.A.O. as well as the conditions to be fulfilled by the candidates therefor. It is not in dispute that the petitioners have fulfilled the qualifications and are eligible to be considered for the post of J.A.O. From the submissions made on behalf of the respondents, it emerges that there is adequate need for making the said promotions. In W.P.No.17288 of 2007, this Court directed the respondents to consider the case of one Sri D.B.Jayaprakash for promotion to the post of J.A.O., without insisting on the holding of graduation qualification. A writ appeal is said to be pending against the said order. The fact, however, remains that the promotions vis-à-vis the rest of the vacancies, are not stalled, either expressly or by necessary implication. On the pretext of the pendency of the matter, in relation to the promotion of Sri D.B.Jayaprakash, the respondents cannot refuse to effect promotions. Though an individual does not have a fundamental or legal right to insist on making promotions, the fact that promotions to similar posts have taken place in the other Units, and that the petitioners would be subjected to detriment, in the context of inter se seniority, cannot be ignored. The apprehension of the respondents can be allayed, by directing them to keep one post vacant, in the context of implementation of the directions issued by this Court in W.P.No.17288 of 2007. Hence, the writ petition is disposed of, directing the respondents to undertake the exercise of effecting promotions for the post of J.A.O., and to consider the cases of the petitioners, in accordance with law, against the available vacancies, except one post. There shall be no order as to costs. _________ 25.04.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BSJ} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8674 of 2008 Date: 25.04.2008 JSU