WP/27847/2005 of T. Muralidhara Sarma, Vs A.P. Transco, rep. by its Chairman and M.D., on 29 December 2005

ORDER:

The petitioner is now working as a Divisional Engineer (power planning) in A.P.TRANSCO. He is due to retire at the end of February, 2006. According to him, hehas the eligibility and seniority to be promoted to the post of SuperintendingEngineer (S.E.) and there exist adequate number of vacancies. He claims to havemade a representation on 23.11.2005 to the second respondent stating that if he isto retire as Divisional Engineer, he would be put to great loss and hardship.

Heard the learned counsel for the petitioner and the learned standing counsel for therespondents.

It is settled principle of law that mere existence of vacancies, by itself, does notcreate any right to the incumbent, to seek appointment or promotion. Much woulddepend upon the administrative exigencies and the need felt by the Department.The question as to whether there are adequate number of vacancies and whetherthere is necessity for the respondents to make promotions to the post of S.E. needsto be considered.

The grievance of the petitioner cannot be said to be without any basis. If he isotherwise entitled to be promoted as S.E., and he is not extended the benefit beforehe retires, it would, certainly, have an impact upon his status, as well as financial benefits.

For the foregoing reasons, the writ petition is disposed of, directing the secondrespondent to take the representation, dated 23.11.2005, submitted by the petitionerinto account and intimate the result thereof, to the petitioner, within a period of fourweeks from the date of receipt of a copy of this order. No costs.

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29.12.2005

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