THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.3271 of 2010 ORDER: The petitioner was appointed as Work Inspector Grade-III in the year 1985 in respondent No.1-Society. Thereafter, he was promoted as Work Inspector Grade-II in the year 1994. However, on the ground that there is no sanctioned post of that nature, he is being continued against a post of Senior Assistant in respondent No.1-Society. Recently, the Andhra Pradesh Education and Welfare Infrastructure Development Corporation Limited, respondent No.4 herein, was constituted and all the surplus employees working in the Andhra Pradesh Scheduled Caste Cooperative Finance Corporation Limited and the District Scheduled Caste Service Cooperative Society Limited have been absorbed in respondent No.4-Corporation. The Vice Chairman and Managing Director of respondent No.2 issued proceedings, dated 08.02.2010, directing that the services of the petitioner be absorbed in respondent No.4-Corporation. It was mentioned that there is no sanctioned post of Work Inspector Grade II in respondent No.1-Society nor there is any work to be assigned to the petitioner. The said proceedings are challenged in this writ petition. A counter-affidavit is filed on behalf of respondent No.2. It states that there is no sanctioned post for the petitioner in respondent No.1-Society. It is also stated that after respondent No.4 was constituted, the functions hitherto undertaken by respondent No.2 and its subsidiary organizations were made over to it together with the qualified staff. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The petitioner no doubt was appointed as Work Inspector Grade III on a consolidated pay way back in the year 1985. However, his promotion to the post of Grade-II was against a non- existent vacancy. That necessarily warranted the continuance of the petitioner against a non-technical post, namely Senior Assistant. The anomaly of a Work Inspector Grade II being continued against a post of Senior Assistant was noticed in the recent past. Not only the petitioner, but also several Work Inspectors and other Engineering and Technical staff of respondent No.2 and the District Scheduled Caste Service Cooperative Society Limited were absorbed in respondent No.4-Corporation. Respondent No.2 emphasized the need to absorb the petitioner also in respondent No.4-Corporation. It was clearly mentioned that there is no post of Work Inspector in respondent No.1 society much less there is any work to be assigned to him. In case the petitioner is not willing to be absorbed in respondent No.4-Corporation, he has to face retrenchment. Hence, the writ petition is disposed of directing that in case the petitioner is not willing to be absorbed in respondent No.4-Corporation, it shall be open to respondent Nos.1 and 2 to retrench him in accordance with law. The petitioner shall express his willingness or otherwise in this regard within a period of 15 days from today to respondent No.1. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt: 19.10.2011. kdl