IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 12857 of 1999 Between: B.Ramakrishna S/o.Guravaiah 6-3-655/1/A, Civil Supplies Bhavan, Somajiguda, Hyderabad. working as daily wages in A.P.State Civil Supplies Corporation Ltd., ..... PETITIONER AND The Andhra Pradesh State Civil Supplies Corporation Ltd., Rep. by its Vice Chairman & Managing Director registered office at 6-3-655/1/A, Hyderabad. .....RESPONDENT 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 issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent in advertising the post of Attender pertaining to S.C. Category as consequently the Hon'ble Court may be pleased to set aside the advertisement No. P.ADMN.58(1)97 dated. 14-6-99 in respect of Attender of S.C. category and pass Counsel for the Petitioner:MR.T.P.ACHARYA Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : O R D E R: In this writ petition, the petitioner questioned the employment notiﬁcation dated 14.6.1999 issued by the Andhra Pradesh State Civil Supplies Corporation Limited (herein after referred to as ‘the Corporation’) to the extent of ﬁlling up of the post of Attender which is reserved for schedule caste candidates. In the aﬃdavit ﬁled in support of the writ petition, it is stated that the petitioner has been working as NMR daily wage employee in the Corporation for the last several years. It is his case that in terms of the orders issued by the Government in G.O.Ms.No.212 Finance and Planning (FW.PC.III) Department, though he is entitled for regularization he was deprived of regularization in a regular vacancy. It is stated that for the purpose of regularization, the petitioner along with some others has ﬁled Writ Petition No.1083 of 1997. Though in the aﬃdavit ﬁled in support of the writ petition it is stated that the W.P.No.1083 of 1997 was pending consideration, but however, during the course of argument, it is submitted by the learned counsel for the petitioner that the said writ petition was dismissed and the matter was carried in appeal in W.A.No.47 of 2006 which is pending consideration. Merely because the claim of the petitioner for regularization is pending consideration that will not prevent the Corporation to ﬁll up the vacant posts. This notiﬁcation was issued as early as on 14.6.1999. It appears that only on mere apprehension this writ petition is ﬁled. If, pursuant to interim orders, the vacancy was not ﬁlled up, it is open to the petitioner to apply for the post in the said notiﬁcation, but however, merely on the ground that her claim for regularization is pending, respondent-corporation cannot be prevented to ﬁll up the vacancies. For the aforesaid reasons, I do not ﬁnd any merit in the writ petition. Hence, the writ petition is dismissed. _____________________ R.SUBHASH REDDY, J 14th August, 2008 PNV ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{ESWAR}