HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL No. 1232 OF 2009 Dated: 20-10-2009 Between: L. Jacob ... APPELLANT AND Northern Power Distribution Company of AP Ltd., rep., by its Superintending Engineer, Operation, Warangal ... RESPONDENT THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO. 1232 OF 2009 JUDGEMENT: (per Sri Anil R. Dave, CJ) The appellant – original petitioner had made a grievance in Writ Petition No. 16899 of 2008 that he was not promoted to the post of Store Keeper Grade-I. After hearing the learned advocate for the appellant – petitioner, the petition has been rejected for the reason that the appellant – petitioner had not passed the requisite examination and, therefore, he was not qualified to be promoted to the post of Store Keeper Grade-I. 2. The case of the appellant is that even though no examination was held, after his retirement, some concession was given and some persons were promoted to the post of Store Keeper Grade-I even though they were not qualified to be promoted. 3. It is the case of the learned advocate appearing for the respondent – employer that as the examination could not be held for administrative reasons, a decision was taken to exempt the otherwise qualified persons from appearing at the examination in question. 4. In view of the fact that the appellant had already retired on 30-10-2006, whereas leniency was shown by the employer under proceedings dated 29-12-2006, the appellant could not get the benefit of leniency shown to the other employees. 5. We do not find any substance in the appeal for the reason that in fact the appellant was not eligible for promotion and he cannot make a grievance with regard to the subsequent event whereby some leniency was shown and promotions were given to similarly situated persons. The appeal is therefore dismissed with no order as to costs. ANIL R. DAVE, CJ C.V. NAGARJUNA REDDY, J 20-10-2009 ks