IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 10956 of 2009 Between: Dr. A.V. Balram, S/o. late A. Raghunadha Rao, Andhra Pradesh State Road Transport Corporation Hospital, Tarnaka, Hyderabad. ..... PETITIONER AND Andhra Pradesh State Road Transport Corporation, Rep. by its Vice Chairman and Managing Director, Bus Bhavan, RTC X Roads, Musheerabad, Hyderabad. .....RESPONDENT 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 an appropriate Writ, Order or direction more partiuclarly one in the nature of Writ of Mandamus and declare the action of the respondent Corporation in not taking immediate steps to fill the post of Superintendent as arbitrary, discriminatory and unconstitutional and consequently to direct the respondent to forthwith hold selections for promotion to the post of Superintendent and on consideration of such promotion if the petitioner is found suitable to grant him promotion from the date of arising of vacancy with all consequential benefits and pass such other orders. Counsel for the Petitioner: MR.P.NAVEEN RAO Counsel for the Respondent: MR.K.MADHAVA REDDY (SC FOR APSRTC) The Court made the following : ORDER: The petitioner is working as Senior Medical Officer in the hospital being run by the Andhra Pradesh State Road Transport Corporation, the respondent herein. According to him, he is entitled for promotion to the post of Superintendent and Chief Medical Officer. However, his case is not considered for promotion by the respondent Corporation. Aggrieved by the same, he approached this Court and filed the present writ petition seeking a Writ of Mandamus to declare the action of the respondent Corporation in not taking immediate steps to fill the post of Superintendent as arbitrary, discriminatory and unconstitutional and consequently to direct the respondent Corporation to forthwith hold selections for promotion to the post of Superintendent and on consideration of such promotion, if he is found suitable, to grant him promotion from the date of arising of vacancy with all consequential benefits. 2. Heard both sides. 3. During the course of arguments, it is brought to the notice of this Court by the learned counsel for the petitioner that the petitioner is due for retirement from service on 31.08.2009 on attaining the age of superannuation and the Regulations, according to him, would strictly apply to him and though he is entitled for promotion as per the Regulations, his name is not considered for promotion to the post of Superintendent and Chief Medical Officer. 4. Having considered the submissions of the learned counsel for the petitioner and the learned Standing Counsel for A.P.S.R.T.C. and particularly taking into consideration the fact that the petitioner is going to be retired from service on 31.08.2009, the respondent Corporation is hereby directed to consider the case of the petitioner for promotion to the post of Superintendent and Chief Medical Officer, if the Regulations made by the Corporation permit. The said exercise shall be completed on or before 30.06.2009. Accordingly, the Writ Petition is disposed of. No order as to costs. __________________________ GOPALA KRISHNA TAMADA, J Date: 08.06.2009. Note: Furnish C.C. by three days. (B/o) CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 10956 of 2009 (Disposed of-NC) 8th June, 2009 CBS