HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.26555 of 2009 ORDER: In this writ petition, the petitioner, who is working as Record Clerk in the Life Insurance Corporation of India, seeks a direction by way of Mandamus to the respondents to post the petitioner in any one of the existing vacancies as Assistant in Kurnool by modifying the orders dated 24.2.2009. The petitioner was appointed as a Record Clerk by the respondent- Corporation and was posted at Kurnool. While so, by proceedings dated 24.2.2009, issued in Office Order No. P&IR/Class-III&IV/25-2008-09, the Senior Divisional Manager, L.I.C. of India Divisional Office, Kadapa, the 1st respondent herein, while promoting the petitioner along with nine others as Assistant, posted him at Dhone in the same District. According to the petitioner, as there are vacancies of Assistants in Kurnool Division, the respondents ought to have continued him as Assistant at Kurnool even after promotion also. Hence, the present writ petition. A detailed counter affidavit is filed on behalf of the respondents. In the counter affidavit, the respondents while denying the various allegations made by the petitioner, however, stated that there are more than 25 applications from the employees in the cadre of Assistants, who are working in other Branches requesting for transfer to Kurnool are pending and as such, their cases have to be given priority and they cannot be overlooked since they are seniors to the petitioner. They further stated that at the time of promotion, as there was no vacancy in Kurnool, while considering his request of the petitioner, he was promoted and posted at Dhone, which is very nearer to Kurnool. It is further stated that as the petitioner has not given the consent for promotion and posting within the stipulated time, his promotion order has been cancelled as per the promotion Rules. There is no dispute about the fact that the petitioner was working as Record Clerk in Kurnool and on promotion, he was posted at Dhone. Merely because, there are vacancies, the petitioner, as a matter of right, cannot choose the place of posting, more especially, when applications of more than 25 persons, who are senior to the petitioner seeking such transfer are pending for consideration, and, by ignoring their applications, the petitioner cannot be transferred and posted at Kurnool. That apart, as the petitioner failed to give the consent for promotion as Assistant within the time stipulated, the offer of promotion given to the petitioner has been cancelled by the respondents. In view of the averments made in the counter affidavit and for the reasons recorded above, the petitioner is not entitled for any relief. The writ petition is devoid of merits and is accordingly dismissed. No costs. ____________________ R. SUBHASH REDDY,J Date: 22nd March, 2010 pnb