THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 3905 of 2001 ORDER: 1. Challenging the action of the respondent in not giving promotion to the petitioner as Manager in the respondent corporation as per the Board Resolution dated 23.2.1984, the present Writ Petition is filed. 2. The averments, in brief, of the affidavit filed in support of the Writ Petition, may be stated as follows: The petitioner was appointed as Junior Assistant (Legal), which is now redesignated as Junior Officer (Legal), and joined on 9.9.1980, in the respondent corporation, and she was promoted as Assistant Manager and thereafter as Deputy Manager. There are three faculties in the respondent corporation viz. finance, technical and legal. The Board Resolution dated 23.2.1984 resolved that the persons who have put in longer length of service in the corporation in various disciplines, are also entitled to be considered for promotion to all the equivalent posts in all the faculties. Following the said policy decision, the respondent corporation promoted some employees. On 27.2.1991, finance and technical faculties were merged as one faculty, and now, there are only two faculties viz. finance- cum-technical and legal faculties, in the respondent corporation. In all the 27 posts of Managers, which fell vacant in the year 1999, the respondent corporation, contrary to the board resolution dated 23.2.1984, promoted juniors to the petitioner, as Managers. Hence, the Writ Petition. 3. The respondent filed counter affidavit admitting the passing of the Board Resolution and stating that the Board of Directors decided to maintain the legal faculty as a separate division in view of the highly specialized nature of work, and after 1996, there are only two seniority lists in each cadre, one for legal faculty and the other for other employees. The Board of Directors determined separate cadre strength to legal faculty by bifurcating the total cadre strength, and guidelines for the promotion were issued and circulated to all vide office order no.706, dated 27.2.1992. There is only one vacancy in the cadre of Manager (Law), and senior most officer in the cadre of Deputy Manager (Law) was promoted to the said post in the year 1990, and as the petitioner was at sl.no.8 in the seniority list of Deputy Manager in legal faculty, she could not be promoted. 4. Heard both sides. 5. No additional affidavit is filed by the petitioner denying the averments in the counter affidavit of the respondent. Even on the own showing of the petitioner, she is at sl.no.8 in the seniority list. In view of the fact that the Board of Directors determined separate cadre strength to legal faculty by bifurcating the total cadre strength and guidelines for promotion were issued in office order no.706, dated 27.2.1992, the petitioner cannot be promoted to the post in general faculty. The Board Resolution and the consequential Office Order dated 706, dated 27.2.1992 have not been challenged. It is not the case of the petitioner that the said documents were not communicated to her. As per the said Office Order, it is specifically made clear that the promotions of a particular faculty shall be limited to the vacancies in that faculty only and no inter faculty comparison whatsoever shall be made with regard to those promotions. It is not the case of the petitioner that the Deputy Manager (Law), who was promoted in the year 1990 as Manager, is junior to her. According to the learned counsel appearing for the respondent, senior most officer in the cadre of Deputy Manager (Law) was promoted as Manager. Therefore, in such circumstances, since the petitioner has not come within the zone of consideration when the promotion to the post of Manager (Law) was given, the question of considering her case for promotion to the said post does not arise. 6. The Writ Petition is devoid of merit and is, accordingly, dismissed. No costs. --------------------- (K.C.Bhanu, J.) 03.12.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 3905 of 2001 03.12.2010 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 3905 of 2001 Dated: 03.12.2010 Between: R.Indrani Devi …Petitioner And A.P. State Finance Corporation, rep. by its Managing Director …Respondent