IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 10885 of 2009 Between: Sk.Hussain S/o.Sk.John Mohammad O/o.District office, Food Corporation of India Sanathnagar,Hyderabad ..... PETITIONER AND 1 Food Corporation of India., rep.by its Executive Director South Zone, Zonal Office-3, Haddows Road, Nungabakkam, Chennai-6 2 The General Manager (Region), food Corporation of India Regional office, HAKA Bhavan, Hyderabad 3 Area Manager, Food Corporation of India., District office Sanathnagar, Hyderabad .....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 issue an appropriate writ order or direction preferably one in the nature of writ of mandamus declaring the action of the respondents in not promoting the petitioner to the post of Asst. Grade III (Depot),as illegal, arbitrary, discriminatory and contrary to law and consequently direct the respondents to promote the petitioner to the post of Asst. Grade III (Depot) from the date of acquiring requisite qualification by the petitioner in the Month of May 2005 with all consequential benefits forthwith. Counsel for the Petitioner:MR.J.KANAKAIAH Counsel for the Respondent No.: MR.K.RAGHAVA CHARYULU The Court at the stage of admission made the following O R D E R: This Writ Petition has been filed by a Head Watchman of Food Corporation of India seeking a writ of mandamus to declare the action of the respondents in not promoting him to the post of Assistant Grade- III (Depot) as illegal. The grievance of the writ petitioner is that he is qualified and eligible to be considered for promotion to the post of Assistant Grade-III (Depot) in Food Corporation of India service, but yet, his case has not been considered for such promotion, on one pretext or the other. On the previous occasion, when the matter appeared, Sri B. Anjaneyulu, learned Standing Counsel for the Corporation has taken notice and obtained instructions in the matter. It is represented by the learned Standing Counsel today that the name of the writ petitioner is standing at Sl. No. 186 in the seniority list of Head Watchman of the Corporation and in fact, the Corporation is now taking steps for undertaking promotions to the post of Assistant Grade-III (Depot) and that the staff regulations provide for the avenue of promotion to the extent of 30% of the vacancies and that the case of the writ petitioner is also going to be considered for such promotion and in fact, the Corporation has already initiated steps by calling for the relevant particulars including the special confidential reports of the writ petitioner for the said purpose. Since it has now been made clear by the learned Standing Counsel for Food Corporation of India that the case of the writ petitioner is going to be considered for promotion as Assistant Grade- III (Depot) and since no junior has been promoted, after the writ petitioner became eligible and qualified for such promotion, no further necessity would arise in admitting this Writ Petition and confining it in this Court. In view of the submissions made by the learned Standing Counsel, the Writ Petition is disposed of, directing the respondents to take up the case of the writ petitioner for consideration for promotion to the post of Assistant Grade-III along with other similarly situated employees and pass appropriate orders, as expeditiously as possible. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 18th June 2009 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{TRK}