IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 23283 of 1996 Between: G.Surpa Raju, s/o Sri Chinavenkata Raju, D.N.R.College, Bhimavaram, West Godavari District. ..... PETITIONER AND 1 Commissioner of Collegiate Education, Government of A.P., Nampally, Hyderabad. 2 D.N.R.College, Bheemavaram, rep., by its Secretary & Correspondent, West Godavari District 3 Principal, D.N.R.College, Bheemavaram, West Godavari District. .....RESPONDENT(S) 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 or order or direction, especially one in the nature of mandamus: (i) declare the impugned proc.Rc.No.4917/PC-I-1/95 dated 5-2-1996 of the Commissioner of Collegiate Education, A.P., Hyderabad as illegal, arbitrary and without jurisdiction and set aside the same (ii) compel the respondents to promote the petitioner to the post of lower division Clerk with effect from 27-8-1973; (iii) to consider the case of the petitioner for further promotion to the post of U.D.C. on the basis that he is working as L.D.C. with effect from 27-8-1973; (iv) to grant all the consequential benefits arising out of the prayers two and three and (v) to grant such other relief or reliefs. Counsel for the Petitioner: MS.G.SWATHI Counsel for the Respondent No.1: GP FOR HIGHER EDUCATION Counsel for the Respondent No.2 & 3:Mr.V.Venkata Ramana The Court made the following : ORDER: This writ petition is filed seeking a Mandamus to declare the impugned proceedings dated 5.2.1996 of the Commissioner of Collegiate Education, Andhra Pradesh, Hyderabad as arbitrary, illegal and further to direct the respondent to promote the petitioner to the post of Lower Division Clerk with effect from 27.8.1973 and as Upper Division Clerk with all consequential benefits. It is the case of the petitioner that he was appointed as Attender/Peon in the 2nd respondent-College. Subsequently, he was promoted as Museum Keeper with effect from 3.3.1971. In the meanwhile, he passed Matriculation and also PUC, and fully qualified for being promoted to the post of LDC in the light of G.O.Ms.NO.680 Edn, dated 12.9.1980. According to him, as per the said G.O, whenever vacancies in the post of LDC arise, the service candidates alone have to be promoted. However, the respondents have denied the promotion on the pretext that he was not working as Record Assistant as on 27.8.1973. There is no necessity to go into all the details. It is suffice to notice from the impugned order that the Management has informed that prior to 1983 there was no channel of promotion of Museum Keepers to the post of LDC in their College. No post of LDC had arisen vacant after 1973 to August, 1994 and therefore, the request of the petitioner to promote him as Lower Division Clerk with retrospective effect directly, ignoring the intermediary cadre of Store Keeper, cannot be considered. Hence, the representation of the petitioner dated 23.12.1988 for considering his case for promotion to the post of LDC with retrospective effect, was rejected. From the above, it is clear that the petitioner was not entitled for being promoted to the post of LDC since the post of Museum Keeper was not included as one of the feeder posts. Therefore, the Writ Petition is devoid of merits and is liable to be dismissed. Writ petition is, accordingly, dismissed. No costs. __________ 11-04-2008 rkk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Commissioner of Collegiate Education, Government of A.P., Nampally, Hyderabad. 2 D.N.R.College, Bheemavaram, rep., by its Secretary & Correspondent West Godavari District 3 Principal, D.N.R.College, Bheemavaram, West Godavari District. 4. 2CD copies