HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.14572 of 2000 ORDER: The inaction of the respondents in following the rule of reservation with regards appointment and promotion to the post of fieldman/junior supervisor etc, is under challenge in this writ petition as arbitrary and illegal. The petitioner seeks a consequential direction to the respondents to maintain the communal roster for the purpose of promotions, and to consider his case for promotion to the higher post in accordance with the roster. The petitioner was appointed as an apprentice fieldman vide proceedings dated 22.4.1982. He joined service on 29.4.1982. On completion of six months training period, the petitioner was placed under one year probation in the category of fieldman with effect from 28.10.1982. Initial recruitment, to the category of fieldman in CPP (coffee plantation project), was done during 1982 and ten candidates joined duty on 1.4.1982. In the initial batch of 10 candidates, Sri G.Gangaraju who belonged to the ST category was recruited against Sl.No.8 in the roster. Sri Gangaraju joined duty on 1.4.1982. The petitioner was recruited in the second batch of recruitment wherein, along with 14 other candidates, two persons (including the petitioner) who were working in contingent category were recruited as fieldman. Thereafter, the seniority list of fieldman was drawn on 1.9.1986 and the same was communicated vide proceedings dated 11.8.1987. In the said seniority list the petitioner was shown at Sl.No.25 while Sri G.Gangaraju, the ST candidate selected in the earlier recruitment was placed at Sl.No.10. Promotion to the post of Junior Supervisor in the respondent – Corporation is on the basis of merit cum seniority. The petitioner was promoted as supervisor with effect from 2.10.1987, and was confirmed in the said post with effect from 2.4.1988. Sri G.Gangaraju, through recruited earlier than the petitioner, was not considered for promotion during the year 1987. Subsequently the categories of junior supervisors and senior supervisors were amalgamated with effect from 1.4.1992. The petitioner would contend that, failure on the part of the respondents in not following the communal roster and in fixing the roster point of the petitioner, is illegal and arbitrary. It is his case that, if the roster point had been properly followed, he would have been entitled for promotion to the higher post, and would have been promoted to a post higher than the post to which he was actually promoted. Sri V.Sreeramulu Naidu, Learned Standing Counsel for the respondent – Corporation, would submit that, prior to the year 2000, there was no reservation by way of promotion in different categories of posts in the respondent – Corporation. Learned counsel would submit that, while Sri G.Gangaraju was recruited in the first batch of filedman and was appointed with effect from 1.4.1982, the petitioner was recruited as fieldman in the second batch and was appointed with effect from 22.4.1982. Since Sri G.Gangaraju was recruited prior to the petitioner he was rightly shown at Sl.No.8 in the roster which is the roster point reserved for Schedule Tribes and, since the petitioner was recruited thereafter, he was shown at Sl.No.25 in the roster which was again reserved for the Scheduled Tribes. The petitioner’s seniority was fixed as early as on 1.9.1986, and was communicated to him vide proceedings of the 2nd respondent dated 11.8.1987. The petitioner did not choose to challenge the fixation of his seniority for nearly a decade and half thereafter. Further all those candidates whose seniority would be in jeopardy, if the relief sought for in this writ petition is granted, are not arrayed as respondents in the writ petition. Viewed from any angle, the relief sought for in this writ petition cannot be granted. The writ petition fails and is, accordingly, dismissed. No costs. __________ 23-7-2010 asp