IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 16300 of 1999 Between: I.V. Ramaiah, S/o. Venkateswarlu, o/o. Cotroller of Stores, A.P.S.R.T.C., Zonal Stores, Kovuru, Nellore District. ..... PETITIONER AND 1 The Executive Director, A.P.S.R.T.C., Nellore, Nellore District. 2 The Deputy Chief Personnel Manager, A.P.S.R.T.C., Nellore Zone, Nellore District. 3 The Works Manager, Zonal Work Shop, A.P.S.R.T.C., Kovur, Nellore District. 4 A.V.Maheswar Rao, son of and age Known Zonal Stores, A.P.S.R.T.C., Kovur, Nellore District. .....RESPONDENTS 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 pleased to pass an order of direction particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in issuing proceedings No. E2/255 (1)/99- WM(N) , dt. 23-2-99 in rejecting the claim of the petitioner for promotion to the post of Senior Material Assistant in the Zonal Work Shop Nellore (SPD) as illegal, improper, arbitrary, unreasonable and contrary to APSRTC Recruitment Regulations 1966 and direct the respondents to promote the petitioner to the post of Senior Material Assistant on par with 4th respondent here in from the date of his promotion who is junior to the petitioner and grantall consequential benefits including seniority and pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.V.SREE RANGA RAO Counsel for the Respondents: C.PRAKASH REDDY(SC FOR APSRTC) The Court made the following : THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 16300 of 1999 ORDER: In this Writ Petition, the petitioner questions the proceedings dated 23.02.1999, issued in Proceedings No.E2/255(1)/99-WM(N) by the third respondent, by which, his claim for promotion to the post of Senior Assistant (Material) in Zonal Workshop, was rejected. 2. The petitioner was appointed as a Typist in the personnel department of respondents-Corporation, on 20.08.1987. Subsequently, the Senior Manager (Personnel), Nellore has transferred him to the office of Deputy Manager (Material), Nellore, by his proceedings, dated 23.05.1992. It is the case of the petitioner that though the said transfer beyond the unit i.e., personnel department to material department was on administrative grounds, his claim for promotion to the post of Senior Assistant (Material) was not considered, although such claims of some of his juniors were considered. 3. As per the APSRTC Employees’ (Recruitment) Regulations, 1966, the post of Senior Assistant (Material) can be filled either by promotion or by direct recruitment. But, however, the note appended to the Regulation clearly states that, while making selections from among the Material Assistants/Typists who opted for promotion in Stores and Purchase department, the same should be considered against the 5th vacancy in a unit of 5, and if there is no such eligible typist, the vacancy is to be filled up by promotion from the rank of Material Assistant. 4. From a reading of the above said note, it clearly denotes that such of the typists who are from the parent cadre of other units seeking promotion in the stores and purchase department, have to exercise their option to consider their claims for promotion to the post of Senior Assistant (Material). 5. In the counter-affidavit filed on behalf of the respondents, it is clearly stated that though the petitioner had transferred to the stores department, he has not exercised his option for promotion in the stores and purchase department. 6. Though it is stated by the learned counsel for the petitioner that the petitioner had been making representations to consider his case for promotion, but there is no material placed before this Court, to show that at any point of time he has exercised his option seeking promotion in the stores and purchase department. In the absence of such material, and when the claims of other persons who opted for such promotions were considered, it cannot be said that the claim of the petitioner for promotion is ignored illegally. 7. Inasmuch as it is stated that the petitioner wants to continue in stores department, I deem it appropriate to dispose of the Writ Petition, giving liberty to the petitioner to file his option within a period of four weeks from today. If such an option is filed as indicated in this order, the respondents shall consider his case for promotion in any of the existing vacancy in the post of Senior Assistant (Stores) or any other immediate vacancy, which arises in near future. 8. Subject to above direction, the Writ Petition is disposed of. No costs. _____________________ R.SUBHASH REDDY, J Dt.18.11.2008 GJ