APHC010030292026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 1953/2026 Between: 1. P SURESH KUMAR, S/O P. SUN I BABU, AGED 50 YEARS, EXECUTIVE ENGINEER (ELECTRICAL), ANDHRA PRADESH POWER GENERATION CORPORATION, VIDYUTH SOUDHA, GUNADALA, VIJAYAWADA, (UNDER THE ORDERS OF REVERSION). R/O 4-70-11, FLAT NO.502, SRI NILAYAM, LAWSONS BAY COLONY, VISAKHAPATNAM-530017. ...PETITIONER AND 1. THE ANDHRA PRADESH POWER GENERATION CORPORATION LTD, REP. BY ITS MANAGING DIRECTOR, VIDYUTH SOUDHA GUNADALA, VIJAYAWADA-520010 2. THE CHIEF GENERAL MANAGER ADMIN IS AND ERP, ANDHRA PRADESH POWER GENERATION CORPORATION, VIDYUTH SOUDHA, GUNADALA, VIJAYAWADA-520010 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT, ENERGY DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522237 ...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 2 be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus questioning the proceedings in G.O.O.No.266/CGM (Adm.,IS and ERP)/2025, Dt.07.01.2026 of the 1 St respondent .in so far as the reversion of the petitioner from retrospective date i.e., 10.02.2023 and the proceedings in G.O.O.No.273/CGM(Adm, IS and ERP)/2025, Dt.13.01.2026 of the 1St respondent in cancelling the orders of promotion issued in G.O.O.No.267/CGM (Adm., IS and ERP)/2025, Dt.08.01.2026 as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India with a direction to continue the - petitioner as Executive Engineer (Electrical) and pass IA NO: 1 OF 2026 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 Pleased to direct the respondents to suspend the G.O.O.No.273/CGM(Adm, IS & ERP)/2025, Dt.13.01.2026 of the 1st respondent with a direction to continue the petitioner as Executive Engineer (Electrical), pending disposal of the Writ Petition and pass IA NO: 2 OF 2026 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 pleased to vacate the order dated 23.01.2026 in W.P.No. 1953 of 2026 and pass Counsel for the Petitioner: 1. V MAHESWAR REDDY Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. THE ADVOCATE GENERAL 3. K.KRISHNABUSHAN CHOWDARY SC For APGENCO The Court made the following: 3 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order questioning the proceedings in G.O.O.No.266/CGM (Adm.,IS and ERP)/2025, Dt.07.01.2026 of the 1 St respondent .in so far as the reversion of the petitioner from retrospective date i.e., 10.02.2023 and the proceedings in G.O.O.No.273/CGM (Adm, IS and ERP)/2025, Dt.13.01.2026 of the 1St respondent in cancelling the orders of promotion issued in G.O.O.No.267/CGM (Adm., IS and ERP)/2025, Dt.08.01.2026 as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India with a direction to continue the -petitioner as Executive Engineer (Electrical) and pass….” 2. Heard Sri V.Maheswara Reddy, learned counsel for the petitioner, learned Advocate General and Sri K.Krishna Bushan Chowdary, learned counsel appearing for respondents. 3. The case of the petitioner is that he was initially appointed as Assistant Engineer (Electrical) (now re-designated as Assistant Executive Engineer) on 10.11.2000. Based on the seniority in the said cadre, the case of the petitioner was considered for the post of Deputy Executive Engineer (Electrical) on 06.01.2023. The petitioner was promoted as Deputy Executive Engineer and further as Executive Engineer based on the settled seniority list and eligibility. Surprisingly, the respondent authorities have undertook an exercise reviewing the settled seniority list from the initial cadre i.e. for the post of Assistant Executive Engineer (Electrical) and issued revised seniority of candidates appointed through 4 direct recruitment based on merit w.e.f. 01.02.1999. After inviting objections, the final seniority list was prepared vide proceedings dated 18.8.2025. The said seniority list was prepared by taking the merit at the time of selection process and accordingly they have made review of promotions to the category of Deputy Executive Engineer (Electrical) and as well as in the Executive Engineer (Electrical) by granting notional date of promotions to certain candidates and reverting certain candidates. 4. Respondent no.1 vide proceedings G.O.O.No.265/CGM dated 07.01.2026 assigned the revised date of promotion as ADE (Electrical) now re-designated as Dy. Executive Engineer (Electrical) placing the petitioner at serial no.36. Based on the above said seniority, respondent no.1 has issued proceedings on 07.01.2026 reverting the petitioner as Deputy Executive Engineer w.e.f. 10.02.2023. 5. After issuing the said proceedings, reverting the petitioner retrospectively and issued a notional date of promotion to others, the respondents have considered the case of the petitioner for the post of Executive Engineer and issued proceedings vide G.O.O.No.267 dated 08.01.2026 promoting the petitioner as Executive Engineer (Electrical) and posted in the office of Chief Engineer/Generation, Vijayawada. But surprisingly, even before joining in the said promotional post, the respondents once again issued proceedings on 13.01.2026 vide G.O.O.No.273 cancelling the order of promotion issued on 08.01.2026 as 5 the said orders are not in accordance with eligibility criteria stipulated in G.O.O.No.51 dated 19.5.2021. Assailing the said orders, the present Writ Petition has been filed. 6. Considering the submissions, this court has passed the following interim order on 23.01.2026. “…Accordingly, the impugned proceedings dated 13.01.2026 are hereby suspended for a period of eight (08) weeks.” 7. After notice, the respondents have filed counter wherein they have stated that the reversion of the petitioner based on the revised merit based seniority list replacing the settled roster based seniority list and further cancellation of promotion for non-complying the two years eligibility criteria in terms of G.O.Ms.No.51. 8. It is stated that APGENCO has issued a recruitment notification on 22.10.1999 inviting applications for filling up of post of Assistant Engineers- 200 in Electrical, 25 in Telecom, 25 in Mechanical and 50 in Civil through direct recruitment. As the petitioner belongs to SC-A category secured 79.83 marks in the selection process and accordingly, he was selected against the roster point no.2 (SC-A) for the post of Assistant Engineer (Electrical) and accordingly he was appointed vide G.O.O.no.416 dated 05.9.2000. At that point of time, the authorities have prepared the seniority list of direct recruitees based on roster points in the year 2006 and due to inadequate representation of SC’s in the cadre of ADE (Electrical) who 6 were then placed at serial no.85 in the seniority list and he was considered against roster point no.97(SC) and promoted as ADE (now re-designated as Dy. E.E.). Based on the settled principle of law and observations of the various judgments of other Courts, all power utilities across the State, including APGENCO has adopted and uniformly implemented the merit cum seniority principle for all direct recruitees appointed on or before 01.02.1999. Accordingly APGENCO has issued G.O.O.No.293 dated 21.02.2024 and by a memo dated 21.5.2025 initiated process of revising the seniority based on the merit secured at the time of recruitment. 9. Based on the above policy, that a provisional revised seniority list for such direct recruitees was duly published through memo dated 23.5.2025 inviting objections from all the affected employees. But surprisingly, the petitioner has not submitted any objection to the said provisional seniority list. The corporation has considered all the objections received from the other employees including the representations made by SC/ST Association and accordingly a revised final seniority list was prepared and published on 18.8.2025. In the said seniority list, the petitioner stood at serial no.178 based on his merit score as against the earlier position from serial no.102. 10. In continuation thereof, the approved list dated 06.01.2023, the ADE- DE promotions were reviewed in accordance with regulation 8(2) and accordingly the petitioner’s name was deleted vide orders 07.01.2026. However, his case was considered based on the revised seniority list 7 included in the panel vide order dated 08.01.2026 and accordingly he was promoted to the post of Executive Engineer. But subsequently it was noticed that he had not made the mandatory eligibility criteria for the post of E.E. in terms of G.O.O.No.51 dated 19.5.2021. In G.O.O.No.51 dated 19.5.2021 a condition was imposed that the candidate must i) be an approved probationer in the ADE cadre; ii) have rendered five years of service; and iii) have completed a minimum of two years of service in renewable/hydel/thermal power plants in the feeder cadre. In terms of the above condition, the petitioner did not fulfill the eligibility criteria as his service record shows from 2006 to 2023 he worked at Vidyut Soudha and thereafter proceeded on deputation to APMSIDC, Visakhapatnam at his own request. Therefore noticing the above aspect the approved list dated 08.01.2026 was reviewed in terms of regulation 8(2)(b) and accordingly his promotion was cancelled. 11. Learned counsel appearing on behalf of the petitioner submitted that the petitioner was appointed as AD/AEE and joined on 10.11.2000. The respondents have prepared the seniority list and based on the seniority, the petitioner was promoted to the post of DEE and further as EE in the year 2023. Once the seniority is fixed and finalized the respondents estopped to revise the seniority after long lapse of time and the respondents are also estopped to revise the promotions based on the said revised seniority list. In fact as per the finalized seniority list, the petitioner 8 was considered and promoted as DEE in the year 2006 and further promoted as E.E. in the year 2023. Though the respondents have revised the seniority list based on merit, but they are not entitled to cancel the promotion to the post of D.E.E as well as E.E. In fact the petitioner has filed the present Writ Petition questioning the proceedings dated 07.01.2026 and 13.01.2026. Though the respondents have cancelled the promotion which was made in 2023 vide orders dated 07.01.2026 but the respondents are not entitled to cancel the promotion given to the petitioner on 08.01.2026 on the ground of not fulfilling two years working experience in renewable/hydro/thermal plants in the feeder cadre. Admittedly, the petitioner was promoted to the post of E.E on 10.02.2023. But the condition imposed in G.O.O.No.51 dated 19.5.2021 came into effect from 01.01.2024. By that time, the petitioner has already promoted to the post of E.E. Hence the compliance of the said condition does not arise in the instant case. Once the petitioner was promoted much prior to 01.01.2024 even if the respondents revise the seniority and the promotions but the petitioner is entitled to get promotion based on his revised seniority to the post of E.E and accordingly they have rightly effected promotion as E.E vide proceedings dated 08.01.2026. Once the promotion is affected, the respondents ought not to cancel the same on the ground that the petitioner has not worked two years in any production plant in the feeder cadre. As the petitioner was promoted in the year 2023, the condition imposed in 9 G.O.O.No.51 dated 19.5.2021 was came into effect from 01.01.2024, there is no occasion for the petitioner to work or fulfill the said condition. Further he submitted that the post of an employee is prerogative of the employer. Hence the non-working in a plant by the petitioner is not in the hands of the petitioner. Hence the rejection/cancellation of the promotion of the petitioner only on the ground of non-fulfilling the condition imposed in G.O.O.No.51 dated 19.5.2021 is not in accordance with the record when the petitioner has fulfilled all the conditions of eligibility he is entitled for promotion to the post of E.E. without reference to G.O.O.No.51 dated 19.5.2021. 12. Further learned counsel has also placed reliance on the memo issued by the Managing Director on 18.3.2026 wherein the respondents have considered and relaxed the said condition for promotions to the cadre of Superintending Engineers. In the said G.O.O.No.51 for affecting promotions to the Superintending Engineers from E.E. must have worked a minimum of one year in the plant in the feeder category and the said condition was relaxed to certain people for promotion to the post of Superintending Engineer as the petitioner is also identically situated, his case also may be considered for relaxation in terms of G.O.O.No.349 dated 18.3.2026. 13. Reply to the above said contentions, learned Advocate General appearing on behalf of the Corporation has submitted as far as factual 10 aspects are concerned has not disputed much. But as far as revision of seniority is concerned, based on the policy decision taken by all the units of power sector to revise the seniority list based on the settled legal position that merit at the time of appointment is to be taken into consideration for the preparation of seniority list and accordingly, they have revised the seniority list of AEEs and DEEs. Admittedly, the petitioner has not made any objection to the said revision of the seniority list. Hence he is not entitled to take a stand that the revision of seniority is bad. 14. Learned Advocate General further emphasized his argument that in the instant case, the petitioner even not challenged the revised seniority list. He has challenged only cancellation of promotion. Admittedly the petitioner’s case was considered based on the earlier seniority for the post of D.E.E as well as E.E. in the year 2026 and 2023 but when the revised final seniority list, his case was considered and accordingly his promotion as E.E was cancelled and as per the approved list dated 06.01.2023 of A.D.E to D.E.E. promotion was reviewed and accordingly his promotion as E.E in the year 2023 was cancelled based on the seniority and adequacy vide proceedings dated 07.01.2026. However he has also submitted that as per the revised seniority list and based on his seniority again his name was placed in the promotion panel for the post of E.E’s which was finalized on 08.01.2026 and by mistake his case was considered and affected promotion on 08.01.2026. Subsequently on verification of the record, the 11 respondents have rectified their mistake as the petitioner has not complied the mandatory condition imposed in G.O.O.No.51 dated 19.5.2021. According to the said G.O.O. one should have to work at least minimum of two years in the plant. Admittedly, the petitioner never worked in the plant. Hence he is not eligible to consider to the post of E.E. in terms of above said G.O. He has also further submitted that he was considered and posted at plant but on his request again he was sent on deputation to APMSIDC. Hence when there is an opportunity to him to work, at his request he was sent to APMSIDC. Hence he is not entitled to plead that he did not get any opportunity to work in the plant. 15. In reply to the said contentions, learned counsel for the petitioner has submitted that as the petitioner was sent on deputation while working as E.E but while working as D.E.E he has not got any opportunity to work at plant and as he was already promoted in the year 2023, the condition imposed in G.O.O.No.51 is not applicable. 16. Considering the rival submissions, the only controversy involved in the present Writ Petition is that the petitioner is entitled for promotion as E.E. based on his seniority but for the condition imposed in G.O.O.No.51 dated 19.5.2021 he is not entitled. A perusal of the G.O.O.No.51 dated 19.5.2021 it clearly indicates that one should have to work two years in renewable/hydal/thermal plant in the feeder cadre for consideration for promotion to the post of E.E. is mandatory. This Court is of the opinion that 12 as the petitioner has not complied the said mandatory condition, the cancellation of his promotion as E.E. vide impugned order dated 13.01.2026 cannot be interfered. But the said condition was came into effect from 01.01.2024. Admittedly, by that time, the petitioner has got promotion to the post of E.E. based on the earlier seniority list. Hence he could not be able to work as D.E.E in any plant before 01.01.2024. And also a perusal of the relaxation given by the respondents in case of Superintending Engineers vide G.O.O.No.349 dated 18.3.2026 wherein the respondents have considered certain cases of E.E’s for promotion to the post of Superintending Engineer were relaxed for the panel years 2025-26. 17. In the said circumstances, this Writ Petition is disposed of by modifying the interim order dated 23.01.2026 with a direction to the respondents to consider the case of the petitioner in terms of G.O.O.No.349 dated 18.3.2026 for relaxation of the condition imposed in G.O.O.No.51 dated 19.5.2021 and pass appropriate orders in case of petitioner also. The said exercise shall be completed within a period of one (01) month from the date of receipt of a copy of this order and take appropriate consequential action. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. __________________ JUSTICE D.RAMESH 07.5.2026 RD 13 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.1953 OF 2026 07.5.2026 RD