THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.20055 OF 2000 Between:-
P.Amanullah and others.
…Petitioners And A.P.Power Generation Corporation Limited rep.by its Chairman and Managing Director, Vudyut Soudha, Hyderabad and others.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.20055 OF 2000 ORDER:
Heard the learned counsel appearing for the petitioners. No representation for the respondents.
This writ petition is filed for a mandamus directing the respondents to consider the petitioners for promotion to the category of Upper Division Clerks in the existing vacancies without waiting for the entitlement or otherwise of the unqualified candidates for promotion and to allow all consequential benefits.
The brief facts relevant for considering the question involved in the writ petition may be stated as follows:- The petitioners have been working as Lower Division Clerks/Typists in A.P. Power Generation Corporation. They have passed the requisite Departmental Tests required for promotion to the category of Upper Division Clerks. According to them, on the date of filing of the writ petition, there were about 12 vacancies of Upper Division Clerks in A.P. Power Generation Corporation. Their grievance is that A.P. Power Transmission Corporation has issued G.O.No.89 dated 3-4-1989 purporting to grant exemption from passing Departmental Tests to such of the employees who have crossed 45 years of age. The said order was questioned by the Lower Division Clerks who are qualified for promotion in W.P.No.12485 of 1999. This Court suspended the G.O.No.89, dated 3-4-1989 pending disposal of the writ petition. In spite of the order passed by this Court suspending the aforesaid Government Order, the petitioners have not been considered for promotion by the respondents.
Obviously, the petitioners are qualified and eligible for promotion. The respondents ought to have considered them for promotion in the light of the order passed by this Court suspending G.O.No.89, dated 3-4-1989.
In view of the above circumstances, the respondents are directed to consider the promotion of the petitioners in accordance with rules.
Accordingly, the writ petition is disposed of. No costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 12-06-2014 Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.20055 OF 2000 Date: 12-06-2014 Shr.