THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.10272 OF 2011 ORDER: This Writ Petition is filed to declare the action of the respondents in not promoting the petitioner to the post of Assistant Divisional Engineer on par with his colleagues as illegal and unjust and consequently, direct the respondents to promote the petitioner to the post of Assistant Divisional Engineer in the existing vacancies. 2. Originally, the petitioner was appointed as Assistant Electrical Engineer in the respondent organization on contract basis for a period of one year. On completion of one year service of contract, his contract was extended by one more year. Thereafter, his services were regularized with effect from 01.10.2004. While he was working as Assistant Engineer (Operations), Zaheerabad Town, a memo, dated 14.08.2008, was issued alleging negligence and dereliction of duty, for which he had submitted an explanation. Not satisfied with the explanation given by the petitioner, a show-cause notice was issued proposing to impose punishment of stoppage of two annual grade increments without cumulative effect. As against the said punishment, the petitioner preferred an appeal before the appellate authority, which modified the punishment with that of ‘censure’. In the seniority list, the petitioner stood at Serial No.33. Though the petitioner is eligible for promotion, he was not given promotion. Regular promotions were given and the petitioner was not suffering with any punishment for not giving promotion. Hence, the Writ Petition. 3. Learned counsel for the petitioner contended that the punishment of ‘censure’ as imposed by the Chairman and Managing Director, by order, dated 11.11.2010, was over and there is no impediment for giving promotion to the petitioner, as he is eligible to be promoted. 4. On the other hand, learned standing counsel appearing for the respondents contended that the promotion of the petitioner has to be considered in accordance with the Rules and Regulations governing the service conditions of the employees. 5. Though the petitioner has no right to seek promotion, but he has got a right to be considered for the promotion if he is otherwise eligible, suitable and fit for promotion in accordance with the Rules and Regulations of the Corporation. Therefore, whether the punishment period of the petitioner is over or not and whether the petitioner is fit for promotion or not, are the aspects to be decided by the respondents in accordance with the Rules and Regulations governing the service conditions of the employees. 6. Hence, the Writ Petition is disposed of directing the second respondent to consider the case of the petitioner for giving promotion in accordance with the Rules and Regulations governing the service conditions of the employees and pass appropriate orders thereon, within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _______________ K.C. BHANU, J June 06, 2011 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE SIXTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.10272 OF 2011 Between: R. Sudhakar Rao .....PETITIONER AND Central Power Distribution Company of A.P. Limited and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.10272 OF 2011 June 06, 2011