IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD THURSDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.18995 OF 2011 BETWEEN: E.Chandru Naik S/o. Late Vasram Naik …. Petitioner AND The A.P. Transco, Rep. by its Chairman & Managing Director, Vidyuth Sowdha, Hyderabad and others. …. Respondents HONOURABLE SRI JUSTICE K.C. BHANU WRIT PETITION No.18995 OF 2011 ORDER: This Writ Petition is filed seeking to issue a Writ of Mandamus declaring the action of the respondents in not promoting the petitioner to the post of Divisional Engineer under S.T. Quota for the panel year 2010-2011, as illegal and arbitrary and consequently direct the respondents to promote the petitioner as Divisional Engineer under S.T. Quota for panel year 2010-2011 and to pay all consequential benefits. 2. The brief facts that are necessary for disposal of the writ petition may be stated as follows. The petitioner was initially appointed as Assistant Engineer, by way of direct recruitment, in the erstwhile Andhra Pradesh State Electricity Board on 14-09-1992 and was promoted as Assistant Divisional Engineer, Telecom in A.P. Transco, Guntur on 05-09-2005. His probation was also declared to have been satisfactorily completed on 04-09-2006 in the cadre of Assistant Divisional Engineer. The petitioner belongs to Scheduled Tribe category. Assistant Divisional Engineer post is the feeder category post to promotional post of Divisional Engineer. One vacancy of Divisional Engineer arose due to promotion of the incumbent, who belongs to S.T. category, as Superintendent Engineer on 29-07-2010, which has to the filled up by a qualified S.T. candidate in the succeeding panel year commencing from September 2010-2011. Therefore, the petitioner made representations to the respondents to consider his candidature for promotion as Divisional Engineer in the vacant post, as he is qualified and eligible candidate for that post. The respondents did not take any action on the representations of the petitioner. The candidature of the petitioner was also recommended by the S.C. & S.T. Employees’ Welfare Association of the Corporation and the A.P. State Commission for SCs &STs for promotion as Divisional Engineer. But, there was no response from the respondents. The panel year i.e. 2010-2011 commences from September 2010 and ends in August 2011, which is going to be expired next month. But, so far, no action has been taken by the respondents in filling up the vacant post of Divisional Engineer. Hence, the present Writ Petition. 3. Learned counsel for the petitioner contended that though the petitioner is duly eligible and qualified for promotion to the post of Divisional Engineer, his candidature has not been considered by the respondents, and that he was in the panel list for promotion for the year 2010-2011 and therefore, he is entitled to be promoted. 4. On the other hand, learned Standing Counsel for the respondents contended that appropriate decision has to be taken by the respondents in accordance with law. 5. The petitioner is seeking promotion from Assistant Divisional Engineer, Telecom, A.P.Transco to the post of Divisional Engineer. He is said to have been completed 5 years’ of service in the feeder category since 2010 and is eligible for promotion as Divisional Engineer, Telecom. Therefore, the 1st respondent has to take appropriate decision as to whether the petitioner is fit and eligible for promotion or not, in accordance with law governing the service conditions of that post. 6. Hence, the Writ Petition is disposed of directing the 1st respondent to take appropriate decision on the representations of the petitioner, if available, and pass necessary orders within a period of six (6) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. There shall be no order as to costs. ____________ K.C. BHANU, J July 07, 2011. KTL