THE HON'BLE MR JUSTICE R.SUBHASH REDDY Writ Petition No. 3165 of 2000 ORDER : In this Writ Petition the petitioner seeks directions by way of Mandamus to the respondents 1 and 2 to promote the petitioner as Leading Hand from the date the third respondent was promoted to the post of Leading Hand. 2. The petitioner was initially appointed as a cleaner on 01-03-1970 into service of the Andhra Pradesh State Road Transport Corporation, thereafter he was promoted to the post of Electrician (which comes under the artisans) from 11-09-1975. It is the case of the petitioner that the third respondent herein was appointed as artisan only on 12-12- 1975 and though he is junior to the petitioner, ignoring the claim of the petitioner, the third respondent was wrongly promoted to the higher post of Leading Hand. In that context, the petitioner seeks directions to give effective date for promotion for the post of Leading Hand from the date on which the third respondent was promoted to the post of Leading Hand. 3. Counter-affidavit is filed by the Law Officer on behalf of the Corporation. In the counter it is stated that the post of Leading Hand has to be filled by promotion from the ranks of mechanics and artisans, who have put in not less than five years of service. Further, there are four groups in the recruitment regulations of promotion to the post of Leading Hand. It is stated that in the vacancies of the Leading Hand in the unit of 12 vacancies; (a) the first, third, fourth, seventh, ninth and twelfth vacancies shall be filled by promotion from selection from the ranks of Mechanics Grade-I or otherwise from the ranks of Mechanics Grade-II; (b) the fifth, eighth and eleventh vacancies shall be filled by promotion by selection from the ranks of other artisans (other than mechanics); (c) the sixth and tenth vacancies shall be filled by promotion by selection of Mechanic Grade-I or Grade-II, who are directly recruited as such from ITI candidates and (d) the second vacancy be filled by promotion by selection of other artisans Grade-I or Grade-II (other than mechanics) who are directly recruited as such from ITI candidates. 4. In the counter-affidavit it is categorically stated that though the third respondent is junior to the petitioner, he is a direct recruitee and he got promotion from the rank of ITI direct recruitment quota, as such the petitioner cannot seek comparison for effective promotion for the higher promotion of Leading Hand. 5. From the counter-affidavit filed by the respondents, it is clear that the third respondent was promoted in the quota, which was meant for ITI direct recruitment candidates, but the petitioner was initially appointed as a cleaner and promoted to the post of artisan and he is not directly recruited candidate, so as to claim promotion in the slot which is earmarked only for ITI direct recruited candidates. As much as the third respondent was directly recruited candidate passing ITI, his claim was considered rightly and he was promoted in view of the arising vacancy in the said slot. In that view of the matter, the petitioner, who is not eligible for promotion in the said slot, cannot seek comparison, seeking direction for effective date of promotion to the post of Leading Hand on the ground that the third respondent, who is junior to him, was promoted earlier to him. For the aforesaid reasons, I do not find any merit in the writ petition. The Writ Petition is devoid of merit. 6. The Writ Petition is accordingly dismissed. No order as to costs. ____________________ R.SUBHASH REDDY, J. 20th February, 2009. Skmr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 3165 of 2000 Between: A.V.K.RAO, S/o. A.Rageswara Rao, A.P.S.R.T.C., YADIGIRU GUTTA, NALGONDA, NALGONDA DISTRICT. ..... PETITIONER AND 1 A.P.S.R.T.C., Rep. by its VC Musheerabad, Hyderabad. 2 A.P.S.R.T.C., Rep. by its Regional Manager, Nalgonda Regional, Nalgonda District. 3 Sri K.A.Reddy, O/o Regional Manager, A.P.S.R.T.C., Nalgonds Region, Nalgonda, Nalgonda District. .....RESPONDENTS 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 a writ of Mandamus, or any other appropriate, writ, order or directions directing the 2nd respondent to promote the petitioner as Leading Hand when his junior was promoted to the said post of Leading Hand with all consequential and attendent benefits including arrears of pay and pass such other order or orders just and necessary in the circumstances of the case. Counsel for the Petitioner:MR.P.GOVINDA RAJULU Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following :