IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 10191 of 2008 Between: G. Prabhakar Rao S/o Subba Rao R.K. Puram Hyderabad. ..... PETITIONER AND 1 APSRTC., rep by its VC& MD Musheerabad, Hyderabad. 2 The Regional Manager, APSRTC., Vijayawada, Krishna District. 3 The Dy Chief PErsonnel manager, APSRTC., Vijayawada, Krishna District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ or order, more in the nature of Writ of mandamus declarign the action of the respondents herein in not considering the petitioner claim for promotion as Jr. Asst as per the circular No. 74/1989 dt 21-06-1989 as ilelgal and arbitraryand seta side the same and further direct therespondents herein to promote the petitioneer as Jr. asst bygiving exemption in passing the test as per the circular dated 21-06- 1989 with all consequential benefits including continuity of service, attendant benefits etc and pass such other order or orders in the interest of justice as othr wise the petitioenr may suffer irreparable loss and hardship. Counsel for the Petitioner:MR.P.GOVINDA RAJULU Counsel for the Respondent No.: K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 10191 of 2008 ORDER: The petitioner is working as a Routine Clerk in the A.P.S.R.T.C. The next higher post is Junior Assistant. One of the requirements is that one should clear the departmental qualifying examination, for being promoted. The petitioner contends that the Corporation itself issued a Circular, dated 21.06.1989 exempting such of the employees, who have attained the age of 50 years as on First July of the year, in which the test is held, from passing the same. His grievance is that the respondents are not extending the benefit of the circular to him. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. It is no doubt true that a candidate must clear the departmental qualifying examination, for being promoted to the post of Junior Assistant. However, the Corporation recognized the hardship of the candidates, who have crossed the age of 50 years in the context of passing the test and exempted them from it. As long as the said circular is in force, the respondents cannot deny the benefit of it to the petitioner. Hence, the writ petition is disposed of, directing the respondents to extend the benefit under Circular, dated 21.06.1989 to the petitioner, if he is otherwise eligible for the promotion to the post of Junior Assistant. There shall be no order as to costs. _________ 02.05.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 10191 of 2008 Date: 02.05.2008 JSU