IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 25333 of 2007 Between: K.Raveendra Babu, S/o.Late K.Chenchaiah, in Dist S.C.S.C,Society,Nellore Dist ..... PETITIONER AND 1 The Vice Chairman & Managing Director, Andhra Pradesh,Schedule Caste Cooperative Finance Corporation(APSCCFC) Ltd,Hyderabd 2 The Executive Engineer, Dist Scheduled Caste Service Coop.Society Ltd,(DSCSCS) Nellore Dist 3 T.Srinivasa Prasad, S/o.Late T.V.Narasaiah, O/o.Dist.Scheduled Caste Service Coop.Society Ltd, (DSCSCS) Nellore,Nellore Dist 4 B.RadhaKrishnaiah, S/.Buggaiah, O/O. Dist Schedule Caste Service Coop.Society Ltd, (DSCSCS),Nellore Dist .....RESPONDENT(S) 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 to issue a writ or order or direction more particularly one in the nature of writ of Mandamus,declaring the action of the respondent No.1 in not promoting the petitioner to the post of Deputy Executive Engineer,Even though he is entitled for the promotion as per the service Rules for the Technical Staff of the Engineering Wing of A.P.S.C.F.C. Ltd, issued by the 1st respodent to promote the petitioner to the post of Deputy Executive Engineer reverting the 3rd and 4th respondents to their respective original posts of Asst.Engineer in the interest of justice Counsel for the Petitioner:MR.P.SHIV KUMAR Counsel for the Respondent No.: M.GANGA RAO(SC FOR APSCCFS,HYD) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 25333 of 2007 ORDER: The petitioner is working as Assistant Executive Engineer in the District Schedule Caste Cooperative Finance Corporation Limited, Nellore, 2nd respondent herein. The next higher post is Deputy Executive Engineer. The promotions are to be effected to that post in the ratio of 2:1 i.e., two vacancies, by promoting Assistant Executive Engineers and one, by Assistant Engineer. The petitioner contends that contrary to the ratio stipulated under the relevant provisions, respondents 1 and 2 have promoted respondents 3 and 4 and thereby, a promotion was denied to him. He further contends that he made a representation, dated 13.09.2007, to the 1st respondent, in this regard, and complains that no action has been taken thereon. Heard the learned counsel for the petitioner, the learned Standing Counsel for respondents 1 and 2 and the learned counsel for respondents 3 and 4. It is no doubt true that the relevant Rule stipulates the ratio to be maintained between the Assistant Executive Engineers, on the one hand, and the Assistant Engineers, on the other, for promotion to the post of Deputy Executive Engineer. However, the question as to whether the respondents 1 and 2 had violated or deviated from the said ratio, needs to be examined, with reference to the relevant records. The representation made by the petitioner cannot be kept pending indefinitely. In case, any anomaly is noticed, the same needs to be corrected, after hearing the affected parties. Hence, the writ petition is disposed of, directing the 1st respondent to pass appropriate orders on the representation, dated 13.09.2007, submitted by the petitioner, in accordance with law, within a period of three (3) months from the date of a receipt of a copy of this order. There shall be no order as to costs. _________ 25.04.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 25333 of 2007 Date: 25.04.2008 JSU