HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.10831 of 2011 ORDER: Heard learned counsel for the petitioner. This writ petition is filed aggrieved by the action of the respondents in not considering the petitioner’s candidature for the post of Manager. The petitioner was appointed as Technical Assistant-cum-Supervisor in the year 1990 and his services were continued from time to time. The petitioner’s name stood at serial No.8 in the seniority list prepared in the category of Technical Assistant. The grievance of the petitioner is that in the year 2000, promotions were given in the category of Manager even to the persons appointed in the year 2000, who are juniors to him, but denying the promotion to him though he possesses requisite qualifications to be promoted as Manager in the existing vacancies. Doubtless, promotions to a higher post is not a matter of right to any employee, but every employee has right to be considered for such promotion and when the time for promotion arises, certain aspects like seniority, requisite qualifications, roster points, fitness to higher post constitute a major basis, and merit would also be taken into consideration. When rules or regulations laying down a policy of promotion, the same must be followed. The condition relating to promotion and matters connected therewith are generally governed by the terms of the contract of service or statutory provisions or rules or executive instructions. In case of breach of a term or condition of contract or statutory rules, the party aggrieved would have an enforceable cause of action for obtaining judicial redress. Whether the petitioner is fit for promotion in accordance with rules to the post of Manager or not has to be decided and determined by the first respondent in accordance with the rules and regulations governing the service conditions of the petitioner. Therefore, the writ petition is disposed of, at the stage of admission, directing the first respondent to take appropriate decision for giving promotion to the petitioner to the post of Manager, if he is otherwise suitable and qualified, in accordance with the rules and regulations, governing the service conditions of the petitioner, within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. ___________________ JUSTICE K.C.BHANU 20th April 2011 dr