HON’BLE THE ACTING CHIEF JUSTICE SRI B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE V.SURI APPA RAO WRIT APPEAL No.794 of 2010 JUDGMENT: (per the Hon’ble the Acting Chief Justice Sri B.Prakash Rao) Heard both sides and at their request, the main writ appeal is taken up for disposal, at the stage of admission. The appellant who is the unsuccessful writ petitioner and who filed the writ petition under Article 226 of the Constitution of India seeking for a writ of Mandamus declaring the action of the respondents in withholding various grades of promotions to him on par with his juniors in the Corporation as being illegal, filed this appeal under Clause 15 of Letters Patent, assailing the order, dated 14.07.2010, passed by this Court in Writ Petition No.21443 of 1999 and to set aside the same. The appellant, though retired now, as Deputy Manager, claims that he is entitled to promotions on various steps on par with his juniors. He gave a detailed account of the same from the date of his inception into service as to how and when he has been overlooked and he has been denied the due benefits which he would be entitled to under law. He also referred to such proceedings in the writ affidavit and sought to claim that he also could have been given similar such promotions and there being no justification for denial thereof and hence, his case is to be considered from proper perspective. Before the learned single Judge, apparently, due to absence of proper assistance from the leaned counsel appearing therein, it was taken as if no cause survives and the writ petition was closed. Hence, the present writ appeal. Having heard the learned counsel appearing on either side for quite some time and on perusal of relevant material on record, it is seen that there is some arguable plea on merits on behalf of the appellant which needs to be considered in the main writ petition. The question whether ultimately he would be entitled to such relief is again a matter for consideration on merits vis-à-vis the facts and circumstances, apart from the Rules and Regulations concerning the employees of the Corporation. In view of the same, we are of the view that the matter requires reconsideration afresh. Hence, the writ appeal is allowed and the impugned order is set aside and the Office is directed to post Writ Petition No.21443 of 1999 before the regular Court hearing the matters. However, there shall be no order as to costs. _________________________ B.PRAKASH RAO, HACJ __________________________ JUSTICE V.SURI APPA RAO 30th November 2010 dr