APHC010290242018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13097/2018 Between: 1. K.JANARDHANA REDDY, S/O SOMALINGA REDDY, AGED ABOUT 55 YEARS, WORKING AS EXECUTIVE ENGINEER, ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION, PRAGATHI BHAVAN KADAPA, KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. VICE CHAIRMEN AND MANAGING DIRECTOR, ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION, HEAD OFFICE, VIJAYAWADA. ...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 to issue appropriate Writ or any other order or direction particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in issuing Impugned Memo No.E2/3126/APEWIDC/2013 dated 05-03-2018 is illegal, arbitrary and unconstitutional and in violation of the Judgment of the Honble Apex Court in Civil Appeal No. 2368 of 2011 and 2 VS,J W.P.No.13097 of 2018 batch and set aside the same and consequently direct the respondents to proceed with the said promotions strictly in accordance with the Judgment of the Honble Apex Court by issuing fresh Seniority List and to pass IA NO: 1 OF 2018 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 issue a direction to the respondents to consider the representation dated 19- 01-2018 pending disposal of the Writ Petition in the interest of justice and to pass Counsel for the Petitioner: 1. M SHALINI Counsel for the Respondent(S): 1. V CH NAIDU (SC FOR AP HOUSING CORP ) The Court made the following: 3 VS,J W.P.No.13097 of 2018 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “to issue appropriate Writ or any other order or direction particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in issuing Impugned Memo No.E2/3126/APEWIDC/2013 dated 05-03-2018 is illegal, arbitrary and unconstitutional and in violation of the Judgment of the Honble Apex Court in Civil Appeal No. 2368 of 2011 and batch and set aside the same and consequently direct the respondents to proceed with the said promotions strictly in accordance with the Judgment of the Honble Apex Court by issuing fresh Seniority List and to pass” 2. It is the case of the petitioner that while he was working as Executive Engineer, Andhra Pradesh Education and Welfare Infrastructure Development Corporation, Kadapa, on 05.03.2018, the respondents issued memo No.E2/3126/APEWIDC/2013, dated 05.03.2018 communicating provisional seniority of deputy executive engineers for promotion to the post of Executive Engineers. The case of the petitioner is that though the petitioner submitted a representation dated 19.01.2018 to the respondents citing the judgment of Hon’ble Apex Court in B.K. Pavithra and Ors. Vs. Union of India (Civil Appeal Nos.2368 of 2011 and batch) wherein it was held that following rule of reservation in promotions is ultravires of Articles 14 and 16 of the Constitution of India, the respondent authorities are proceeding with the promotions of Deputy 4 VS,J W.P.No.13097 of 2018 Executive Engineers to the post of Executive Engineers by following rule of reservation. Aggrieved by the same, the present writ petition is filed. 3. When the writ petition came up for admission on 16.04.2018, this Court has passed the following interim order: “…Since the petitioner has submitted representation dated 19.01.2018 to the respondents ventilating his grievance, without expressing any opinion on merits, the respondents are directed to consider the said representation of the petitioner in terms of Judgment rendered by the Supreme Court in B.K. Pavitra’s case (stated supra).” 4. Heard Smt. M. Shalini, learned counsel for the petitioner and Sri. V.CH. Naidu, learned Standing Counsel for the respondents. 5. Perused the entire material available on record. Today when the writ petition came up for hearing, learned Standing Counsel furnished a copy of letter addressed by the petitioner herein in the capacity of Executive Engineer, APEWIDC, Krishna, Machilipatnam vide Lr.No.SA/EE/APEWIDC/Krishna, dated 03.12.2018 which discloses that in pursuance of the interim orders of this Court, the petitioner was given complete charge of the post of Executive Engineer, APEWIDC, Krishna, Machilipatnam from the forenoon of 03.12.2018, which fact was not denied by learned counsel for the petitioner. 6. As the relief sought by the petitioner in the writ petition is to direct the respondent authorities to proceed with the promotions to the post of Executive Engineer in accordance with the judgment of the Hon’ble Apex 5 VS,J W.P.No.13097 of 2018 Court (referred supra) and as the respondent authorities have strictly proceeded with the promotions in accordance with the judgment of the Hon’ble Apex Court by promoting the petitioner as Executive Engineer, APEWIDC, Krishna, Machilipatnam vide proceedings dated 23.11.2018 of the Managing Director, APEWIDC, Vijayawada, this Court is of the opinion that the cause in the writ petition would not survive for further adjudication. 7. Accordingly, this writ petition is dismissed as infructuous. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 22.06.2026 Gss