HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 3978 of 2011 ORDER: This writ petition is filed for issuance of an order or direction in the nature of a Writ of Mandamus declaring the impugned action of the respondents in issuing the impugned G.O. Ms. No. 585/JS(Per)/2010, dated 8.2.2011 and a consequential direction to declare the action of the respondents in ignoring the seniority of the petitioner while making appointment by transfer to the post of Assistant Manager(HR) by the respondents 1 and 2 as illegal and arbitrary. The case of the petitioner is that the petitioner was having the requisite qualifications of M.B.A. (Human Resource Management and Financial Management). He acquired the said qualification in the month of June, 2010. It is stated that he was absorbed as Junior Plant Attendant (JPA) vide order dated 17.3.1998. Subsequently, on conversion, he was promoted as L.D.C. and thereafter as UDC. The respondents have issued a notification vide proceedings No. JS(P)/DS(E)AS(PNT)/PO-K2/507/2010, dated 9.9.2010 for filling up the post of Assistant Managers (HR) at power stations and invited applications from the qualified and eligible Junior Personnel Officers/UDCs with minimum regular service of seven years. Petitioner is having the requisite qualifications, but, his case has not been considered and that respondent Nos. 4 and 5 were given promotion. Hence, the writ petition. Respondents 1 to 3 have filed a detailed counter affidavit admitting the absorption of the petitioner as Contract Labour and of the petitioner being promoted as LDC and UDC. It is stated that the Corporation issued an amendment to the service regulations with regard to the method of recruitment to the post of Assistant Manager by incorporating the qualifications and service conditions for appointment by transfer, which reads thus: 1) M.B.A.(HR) OR M.S.W./M.H.R.M. OR 2 years Diploma in Personnel Management/Human Resources/Industrial relations. A Degree in law is desirable. 2) Must have rendered a minimum regular service of 7 years put together in the cadre of Assistant and Junior Personnel Officer in P&G Service OR LDC and UDC in Accounts Service. 3) Must be an approved probationer in the cadre of JPO in P&G Service or UDC in Accounts Service. It is further stated that on verification of the MBA Certificate produced by the petitioner, it was found that the contents of the said Certificate do not disclose that he had studied MBA with Human Resource Specialization and therefore, he was not qualified to be promoted. Heard both sides. Learned counsel for the petitioner contended that the original certificate issued by the Acharya Nagarjuna University, Guntur would clearly disclose that the petitioner had studied MBA with the subjects Human Resource and Financial Management and passed the said course in the year 2010 with first class. Therefore, he is fully qualified for being promoted as Junior Personnel Officer in pursuance of the notification issued by the respondents 1 to 3. On the other hand, learned counsel for the respondents 1 to 3 contended that the petitioner is not having the requisite MBA qualification with Human Resource and Financial management and therefore, his case has not been considered for giving promotion. The right to be considered for promotion entitles the authority concerned to consider the case of petitioner for promotion in accordance with law. If the statutory rules or instructions or other conditions of service indicate what factors are to be considered in granting promotion, then the authority concerned is bound to take into consideration such factors. Since the right to be considered for promotion is a condition of service and is a matter within the meaning of “matters relating to employment or appointment” in Article 16 of the Constitution, the actual consideration including the modalities thereof, the nature of consideration and factors to be considered assume critical significance. Admittedly, the post of Assistant Manager is a promotional post. Ultimately, it is for the respondents 1 to 3 to give promotion to the suitable candidates to the post of Assistant Manager. Further the only objection for the respondents to promote the petitioner as Assistant Manager is that he was not having specialisation in Human Resource and Financial Management in MBA. However, a copy of the original certificate produced by the learned counsel for the petitioner would go to show that the petitioner passed MBA in first class with Human Resource and Financial Management as special subjects, which is the requisite qualification for being promoted to the post of Assistant Manager(HR). It is also seen from the impugned notification that the minimum qualification prescribed for the post of Assistant Manager is that MBA (HR) or M.S.W./M.H.R.M. or two years diploma in Personnel Management/Human resources/Industrial relations besides fulfilling the other two conditions as notified in the impugned notification. The respondents 1 and 2 are also not denying that the other two qualifications are also required for giving promotion to the post of Assistant Manager. The specific case of the petitioner is that there are two more vacancies in the cadre of Assistant Manager which has not been denied or disputed by the respondents in the counter affidavit. Hence, the writ petition is disposed of directing the respondents 1 to 3 to consider the case of the petitioner for promotion to the post of Assistant Manager(HR) in accordance with the Rules and Regulations and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order and the respondents shall also communicate the decision taken by them to the petitioner. No costs. ______________ K.C. BHANU,J DATE: 18th April, 2011 pnb