IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.16405 of 2005 Date: 2nd February, 2011 Between: R.V.Bhaskar Rao and another. .. Petitioners And The Chairman and Managing Director, A.P. Transco, Vidyut Soudha, Khairtabad, Hyderabad and others. .. Respondents THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.16405 of 2005 ORAL ORDER: This writ petition is filed seeking a Mandamus directing the respondents to implement B.P.Ms.No.217 dated 18.1.1997 and consequently set aside B.P.Ms.No.263 dated 11.1.1999 as contrary to the judgment of the Supreme Court in C.A.No.180-181/84 dated 27.2.1996. It appears, first petitioner, on attaining the age of superannuation retired as Upper Division Clerk and similarly second petitioner retired as Junior Accounts Officer from the services of A.P. Southern Power Distribution Company Limited APSPDCL. It is the case of the petitioners that first petitioner is fully qualified and eligible to be promoted as Junior Accounts Officer and likewise, second petitioner is also fully qualified and eligible to be promoted as Assistants Accounts Officer. While that being so, respondents have issued B.P.Ms.No.263 dated 11.1.1999, whereunder exemption was granted from passing departmental tests in respect of employees who have crossed 45 years of age. According to the learned counsel for petitioners when a similar B.P.Ms.No.664 dated 5.8.1981 was issued, whereunder general exemption was granted as to passing of departmental tests, the Apex Court struck down the said B.P.Ms. Now the respondent-Corporation has issued the present B.P.Ms.No.263 dated 11.1.1999 giving exemption for all those unqualified candidates who have crossed 45 years of age making them eligible for promotion to the higher posts. According to the learned counsel for petitioners, petitioners are fully qualified and eligible for promotion and instead of considering their cases, the respondents are considering the cases of those who were unqualified and crossed the age of 45 years. After considering the cases of qualified candidates, if there are any other vacancies available, it is for the respondents to consider the cases of unqualified candidates who crossed the age of 45 years. But the respondents in a dubious way, gave general exemption, which is contrary to the judgment of the Supreme Court C.A.No.180-181/84 dated 27.2.1996. According to the petitioners, since they have already retired from service, their cases ought to have been considered since they are more meritorious than the unqualified candidates. This classification is not taken into consideration by the respondents while considering the cases of petitioners. Under those circumstances, the writ petition is disposed of directing the Respondent-A.P. Southern Power Distribution Company Limited to consider promotion of the petitioners to higher posts in preference to those who did not pass the departmental tests and crossed the age of 45 years and pass appropriate orders, as per law, and all the benefits accrue therefor shall be extended to the petitioners. This exercise shall be completed within a period of eight (8) weeks from the date of receipt of this order. No order as to costs. ______________ C.V.RAMULU, J Date: 2.2.2011 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.16405 of 2005 2.2.2011