IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE FIRST DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WP.NO. 24041 OF 2011 Between: N. Bhujanga Rao … Petitioner V/s. The Central Power Distribution Company Ltd. Represented by its Chairman & Managing Director APCPDC Limited Corporate Office, Mint Compound, Hyderabad & 3-Ors. … Respondents Counsel for the Petitioner : Sri D.L. Pandu Counsel for the Respondents : Sri P.Lakshma Reddy The Court made the following : (Order follows next page) THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 24041 OF 2011 O R D E R : Heard the learned counsel for the petitioner and Sri P.Lakshma Reddy, the learned standing counsel for the respondents. 2. This writ petition is ﬁled by the petitioner seeking issuance of mandamus to declare the action of the respondents in not passing the orders for promoting the petitioner as Junior Accounts Oﬃcer under unqualiﬁed quota, vide Lr.No. CGM/OP/ R.R.Z/Hyd/ AS/PO(Adm)/ F.33/ D.No. 435/10, dated 04-02-2010 of the second respondent is bad, illegal, and against the principles of natural unjustice. 3. The case of the petitioner is that he joined the respondent organization on 03-7-1981 as “Bill Collector” and later he was re-designated as “Revenue Cashier” w.e.f., 01-5-1982. He passed Departmental Tests and Local Fund Test and promoted as Senior Assistant on 01-2-1999 and thereafter he made a representation to the fourth respondent on 15-09-2009 requesting to promote UDC to the Junior Accounts Oﬃcer. The third respondent ﬁled memo dated 26-11-2009 informing the petitioner that he is not eligible for the concession of exemption from passing departmental test, in view of his attaining 45 years of age in terms of B.P. (P&G Per) Ms.No. 39, dated 19-5-1997 to consider his promotion to the cadre of Junior Accounts Officer under unqualified slot. Thereafter, it appears that the petitioner made a representation to the third respondent requesting promotion for the post of Junior Accounts Oﬃcer under unqualiﬁed quota. The third respondent issued Lr.No. CGM/OP/R.R.Z/Hyd/AS/PO(Adm)/F.33/D.No. 435/10, dated 04-02- 2010 addressed to the second respondent narrating the circumstances of the case and requested to examine the issue at corporate oﬃce and communicate necessary orders regarding the action to be taken in such cases. 4. The matter is pending with the second respondent. The case of the petitioner is that he is eligible for the post of Junior Accounts Oﬃcer under unqualiﬁed quota and earlier he made a representation to the fourth respondent and the same has been rejected by proceedings dated 26-11-2009. Therefore, he made a representation to the superior authority i.e., the third respondent requesting him to consider the case of the petitioner. The third respondent in turn addressed to the second respondent narrating the facts of the case and requested to examine the issue at corporate oﬃce and communicate necessary orders regarding the action to be taken in such cases and that the matter is pending with the second respondent. Therefore, non-passing of the order by the second respondent is illegal and amounts to violation of Articles 14, 16 and 21 of the Constitution of India. 5. On the other hand, the learned standing counsel appearing for the respondent tried to defend the case of the Corporation and stated that already the case of the petitioner was considered by the fourth respondent and rejected the case. Therefore, the petitioner is not entitled for any relief. 6. Without going into the merits of the case, I deem it appropriate that the petitioner is entitled to the post of Junior Accounts Oﬃcer or not it is within the domain of the Corporation. Therefore, the respondents 1 and 2 are directed to consider the issue involved in the letter No. CGM /OP/R.R.Z/Hyd/AS/PO(Adm)/F.33/D.No. 435/10 of the third respondent dated 04-02-2010 addressed to the second respondent and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. 7. With the above direction, the writ petition is disposed of at the stage of admission. There shall be no orders as to costs. ----------------------------- ----------- JUSTICE G. CHANDRAIAH 01-12-2011 I s L THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 24041 OF 2011 Circulation No. Date: 01-12-2011 Court Master: I s L Computer No. 43