APHC010828662014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 9208/2014 Between: 1. K.PADMANABHA REDDY, S/O. SRI NARAYANA REDDY, AGED 44 YEARS, R/O.F-488, RTPP COLONY, VV REDDY NAGAR POST, YERRAGUNTLA MANDAL, YSR DISTRICT - 516 312 ...PETITIONER AND 1. A P POWER GENERATION CORPORATION LTD APGENCO, VIDYUT SOUDHA, HYDERABAD - 500 082, REP. BY ITS MANAGING DIRECTOR. 2. THE DIRECTOR HR IR, A.P. POWER GENERATION CORPORATION LTD. (APGENCO), VIDYUT SOUDHA, HYDERABAD - 500 082, 3. THE JOINT SECRETARY PERSONNEL, A.P. POWER GENERATION CORPORATION LTD. (APGENCO), VIDYUT SOUDHA, HYDERABAD - 500 082, 4. MOHD FASSIUDDIN FEROZ, S/O. NOT KNOWN, AGED : NOT KNOWN, OCC: JUNIOR PERSONNEL OFFICER (NOW ASST. MANAGER(HR), 0/O. CHIEF ENGINEER, 0&M, KAKTIYA THERMAL POWER PROJECT, A.P. POWER GENERATION CORPORATION LTD. (APGENCO), CHELPUR (V) - 506170, WARANGAL DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of 2 Writ of Mandamus or any other appropriate writ in declaring (1) that the proceedings G.0.0. No.724/JS(P)/2013 dated : 23.01.2014 promoting Respondent No.4 as Asst. Manager (HR) is illegal and arbitrary and contrary to the regulations and (2) declare that the petitioner being the senior is eligible to be considered to the post of Asst. Manager (HR) before considering the candidature of Respondent No.4 and (3) direct the respondents to promote the petitioner to the post of Asst. Manager (HR) w.e.f. 23.01.2014 with all consequential benefits IA NO: 1 OF 2014(WPMP 11533 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the petitioner by appointment by transfer to the post of Asst. Manager (HR) on par with the Respondent No.4 in the vacancies created vide G.O.O. No.438/CGM (ADM)/2013 dated : 05.10.2013 before considering any other candidature Counsel for the Petitioner: 1. R SUDHA RANI Counsel for the Respondent(S): 1. K.KRISHNABUSHAN CHOWDARY SC For APGENCO The Court made the following: 3 Order:- The learned counsel appearing for the petitioner submits that the petitioner is challenging the inaction on the part of the respondents in promoting the petitioner to the post of Assistant Manager (HR). 2. It is submitted that the 4th respondent is a junior to the petitioner. However, his case was considered for promotion as Assistant Manager. It is submitted that the respondent authorities issued a notification dated 09.09.2010 calling for applications from the qualified and eligible Junior Personal Officers for filling up the post of Assistant Manager (HR) at power stations by the method of appointment by transfer. The requisite criteria as mentioned in the said notification is that the applicant must have passed M.B.A. (HR) or M.S.W./M.H.R.M. or two (02) years Diploma in Personnel Management/Human Resources/Industrial Relations. The applicant must have rendered regular service of seven (07) years and must be an approved probationer in the cadre of Junior Personal Officer. 3. It is submitted that the 4th respondent was not qualified for submitting his application in pursuance of the said notification. It is submitted that the 4th respondent was not qualified on account of the minimum service rendered for being eligible to make the application. It is submitted that the petitioner also could not make an application in pursuance of the said notification on account of the petitioner not having passed M.B.A. or meeting the educational criteria. It is also submitted that the petitioner subsequently completed M.B.A. and 4 submitted representations to the respondent authorities to consider his case for appointment as Assistant Manager (HR). 4. It is submitted that the respondent authorities have sanctioned additional posts vide Annexure to G.O.O.No.438 dated 05.10.2013. It is submitted that the petitioner subsequently obtained permission for completion of M.B.A. and after completing the M.B.A., the petitioner sought for appointment to the post of Assistant Manager (HR), as the petitioner has met all the required criteria for being promoted as Assistant Manager (HR). It is also submitted that the 4th respondent has challenged the conditions prescribed in the notification and filed W.P.No.13453 of 2013. It is submitted that the 4th respondent, without fulfilling the applicable conditions, was extended promotion as Assistant Manager (HR), subject to the condition that the 4th respondent shall withdraw W.P.No.13453 of 2013. 5. It is submitted that the petitioner was also granted an interim order on 05.12.2014, whereby an interim direction was issued to respondent Nos.1 to 3 to consider the representation of the petitioner dated 16.10.2012, under which the petitioner sought for appointment by transfer as Assistant Manager in respondent Nos.1 to 3 on par with the 4th respondent, subject to his eligibility and rules, within a period of eight (08) weeks from the date of receipt of the order. It is submitted that on account of non-compliance with the said orders, the petitioner has filed a contempt case, which is pending consideration. 5 6. The learned Standing Counsel appearing for the respondent Nos.1 to 3 has filed a counter and submits that the notification was issued calling for applications from the eligible candidates and that seven (07) applications were received. It is also stated in the counter that the petitioner did not apply in terms of the notification and it is also submitted that the notification prescribed a cut-off date as 10.10.2010. A further condition is stipulated that any application received after the due date would not be entertained. 7. The learned Standing Counsel appearing for the respondent Nos.1 to 3 further submits that the twelve (12) additional posts which were created were to be filled up by the recruitment process only as per the regulations. It is also submitted that the petitioner, as a matter of right, cannot seek promotion by referring to the additional posts which were sanctioned. It is also submitted that the respondent-Corporation has passed detailed speaking orders dated 24.02.2015 and the petitioner was informed that his case for promotion cannot be considered. It is submitted that the petitioner cannot seek any relief in the writ petition by invoking the jurisdiction of this Court. 8. Heard the learned counsel for the petitioner and the learned Standing Counsel for respondent Nos.1 to 3. 9. Admittedly, the petitioner did not meet the educational qualification criteria for applying for consideration of his case for promotion as Assistant Manager (HR). It is also an admitted position that the 4th respondent fell short of two (02) months of service for submitting his application. However, with the 6 direction of this Court in W.P.No.13453 of 2013, the case of the 4th respondent was considered subject to the 4th respondent withdrawing the writ petition filed by him. 10. The learned Standing Counsel appearing for respondent Nos.1 to 3 further submits that the petitioner is now working as a Junior Accounts Officer after promotion in June 2020. 11. It is submitted that the promotions to the employees of the respondent- Corporation would be extended depending on the seniority of the employee. The petitioner could not submit his application for promotion in terms of the notification. The petitioner submitting representation seeking promotion after completing M.B.A. through distance mode was not considered by the respondents as there was no available vacancy. Sanctioning of additional vacancies would not ipso facto entitle the petitioner for promotion. 12. On these considerations, this Court is not inclined to interfere. 13. Accordingly, this writ petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 09.03.2026 PNS 7