IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 3966 of 1999 Between: N.Tirapathi S/o.Abelu, Nannapanini Venkat Rao Co-operative Sugars Ltd., R/o.Jampani Vemur Mandal Guntur Dist. (A.P) ..... PETITIONER AND 1 The Commissioner/Director of Sugar Government of A.P., Hyderabad. 2 The District Collector and Chairman The Nannapaneni Venkat Rao Co- operative Sugars Ltd., Jampani,Vemur Mandal Gnntur Dist. 3 The Managing Director The Nannapaneni Venkat Rao Co-operative Sugars Ltd., Jampani,Vemur Mandal Guntur District (A.P), Guntur. .....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 order, direction one in the nature of the Writ of Mandamus declaring the action of the 3rd respondent in with holding the petitioner's promotion as Boiler Attendant in the 3rd Respondent unit and in not following Rule of Reservation as bad, illegal, arbitrary, discriminatory and violative of article 14, 16 and 335 of Constitution of India and consequently direct the respondents to effect the petitioner's promotion to the post of Boiler attendant with all consequential benefits and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner :MR.V.VENUGOPALA RAO Counsel for the Respondents : MR.E.KALYAN RAM The Court made the following : HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 3966 of 1999 ORDER : In this writ petition, the petitioner seeks directions by way of Mandamus, directing the respondents to promote the petitioner as a Boiler Attendant. 2. The petitioner is presently working as Boiler Fireman in the 3rd respondent – Sugar Factory. It is his grievance that though he stands at Serial No.4 in the seniority list of Boiler Firemen, mis-construing the order passed by this Court on 5th January 1999 in W.P.M.P.No.91 of 1999 in writ petition No.91 of 1999, he was denied promotion. 3. One person by name Mr.S.Prabhakar Rao, who was standing at Serial No.5 in the seniority list of Boiler Firemen, approached this Court by filing writ petition No.91 of 1999, and this Court, in the order dated 5th January 1999 passed in WPMP.No.91 of 1999, merely observed that any further promotions to the post of Boiler Attendant, shall be subject to further directions in the writ petition. Though there is no direction issued by this Court for reserving any vacancy, it appears, the respondents have passed orders dated 9th January 1999, giving promotion to three senior-most Boiler Firemen as Boiler Attendants, but however, the 4th vacancy was not filled up. 4. In this writ petition, though it is submitted that the petitioner stands at Serial No.4 in the seniority list of Boiler Firemen, but no material is placed before this Court showing the method and manner by which the post of Boiler Attendant is to be filled up. 5. Though counter affidavit is not filed, it is submitted by Sri S.V.Bhatt, learned counsel appearing for the respondents that there are two more sanctioned posts of Boiler Attendant, which are yet to be filled up. In the absence of placing any material to show the manner in which the post of Boiler Attendant is to be filled up, no positive direction can be granted for promotion of petitioner as Boiler Attendant. But having regard to the fact that two more posts of Boiler Attendant are available to be filled up, I dispose of the writ petition with a direction to the respondents that if any posts of Boiler Attendant are vacant, the said posts shall be filled up by considering the case of the petitioner, as early as possible, preferably within a period of two months from the date of receipt of a copy of this order. 6. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 18th August 2008 ajr To 1 The Commissioner/Director of Sugar Government of A.P., Hyderabad. 2 The District Collector and Chairman The Nannapaneni Venkat Rao Co- operative Sugars Ltd., Jampani,Vemur Mandal Gnntur Dist. 3 The Managing Director The Nannapaneni Venkat Rao Co-operative Sugars Ltd., Jampani,Vemur Mandal Guntur District (A.P), Guntur.