APHC010307362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [i] FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16328 OF 2025 Between: Maganti Tata Rao, Age 43 yrs, S/o. Satyanarayana, Lineman, 33/11KV Sub Station, Mudinepaiii, Gudivada. Presently working as ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its PrI. Secretary, Energy Department, Secretariat, Velagapudi, Amaravati Guntur District. APCPDCL, Opp Ramesh 2. The Chairman and Managing Director Hospital, ITI College Road, Vijayawada. 3. The Chief General Manager, HRD, APCPDCL, ITI College Road, Vijayawada. Opp Ramesh Hospital 4. The Superintending Engineer, Operation Circle, Machilipatnam. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, pleased to issue order direction the High Court may be more particularly one in the nature of Writ Of Mandamus declare the action of the respondents in not considering the candidature for the post of Sub-Engineer/JEE and the petitioner having requisite qualifications for the post though there are vacancies for the petitioners application Dt.20/02/2025 to consider his post in the Machilipatnam Circle as per the information disclosed through the RTI by the Public Information in their reply Dt.24/11/2024 India and Officer as violative of Article 14, 21 of the Constitution of consequently direct the respondents to consider the petitioners application Dt.20/02/2025 for promotion by transfer benefits with retrospective effect i.e from the date of attainment of eligibility snd pass such other order and to provide service or orders may deem fit and proper in the circumstances of the case. 2. To declare the respondents' failure the effected employees before setting the criteria by the respondents before changing the regulations from T.O.O.(Addl.Secy-Per)Ms.No.19 Dt.15.04.2010 and the circular issued under Memo.No.Addl.Secy./DS(L,IR&R)/AS R)/P.O.(Reg&HRMS)/JPO-2/416/2008-1 to evaluate (L,IR & dt. 25.04.2013 for filling the posts under appointment by transfer in all the operation circles as illegal, arbitrary and violative of Articles 14 & 21 of the Constitution of India, direct the respondents to evaluate the affected and consequently employees who were affected by the change in regulations from the then regulation Per)Ms.No.19 Dt. 15.04 .2010 T.0.0.(Addl.Secy- consider them for the posts under to Memo.No.Addl Secy./DS(L,IR&R)/AS (L,IR 2/416/2008-1, dt. 25.04.2013 & R)/P.O.(Reg&HRMS)/JPO appointment by transfer, including the petitioner post of Sub-Engineer. 3. To declare the action of the respondents filling up the posts lying vacant in Machilipatnam Circle erst while Vijayawada Circle, without framing any policy for filling up vacancies with campassionate appointment candidates and from the present post of Lineman to the taking away the as illegal, of the Constitution of India. rights of other employees who are eligible for promotion by transfer arbitrary and contrary to Article 14 and Article 21 lA NO: 1 OF 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 not to fill the posts of sub . the Machilipatnam Operation Circle pending disposal petition . engineer/JEE lying vacant in of the above writ Counsel for the Petitioner: SRI J. RAVI KUMAR Counsel for the Respondent No.1: GP FOR SERVICES I Counsel for the Respondent Nos.2 to 4: SRI V.V.SATISH, SC FOR APCPDCL The Court made the following order: APHC010307362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16328/2025 Between: 1.MAGANTI TATA RAO, AGE 43YRS, S/0 SATYANARAYANA, PRESENTLY WORKING AS LINEMAN, 33/11KV SUB STATION, MUDINEPALLI, GUDIVADA. ...PETITIONER AND 1.THE STATE OF AP. REP BY ITS PRI.SECRETARY, ENERGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. 2.THE CHAIRMAN AND MANAGING DIRECTOR, APCPDCL, OPP RAMESH HOSPITAL, ITI COLLEGE ROAD, VIJAYAWADA. 3.THE CHIEF GENERAL MANAGER, HRD, APCPDCL,OPP RAMESH HOSPITAL ITI COLLEGE ROAD, VIJAYAWADA. 4.THE SUPERINTENDING ENGINEER, OPERATION CIRCLE, MACHILIPATNAM. ...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 order direction more particularly one in the nature of Writ Of Mandamus declare the action of the respondents in not considering the petitioners application Dt.20/02/2025 to consider his candidature for the post of Sub-Engineer/JEE and the petitioner having requisite qualifications for the post though there are vacancies for the post in the Machilipatnam Circle as per the information disclosed through the RTI by the Public Information Officer in their reply Dt.24/11/2024 as violative of Article 14, 21 of the Constitution of India and consequently direct the respondents to consider the petitioners application Dt.20/02/2025 for promotion by transfer and to provide service benefits with retrospective effect from the date of attainment of eligibility and pass such other order orders may deem fit and proper in the circumstances of the case. 2. To declare the respondents' failure to evaluate the effected employees before setting the criteria by the respondents before changing the regulations from T.O.O.(Addl.Secy-Per)Ms.No.19 Dt. 15.04.2010 the circular issued under Memo.No.Addl.Secy./DS(L,IRANDR)/AS (L,IR AND R)/P.0.(RegANDHRMS)/JP0-2/416/2008-1, dt. 25.04.2013 for filling the posts under appointment by transfer in all the operation circles as illegal, arbitrary and violative of Article 14,21 of the Constitution of India, and consequently direct the respondents evaluate the affected employees who were affected by the change in regulations from the then regulation T.0.0.(Addl.Secy-Per)Ms.No. 19 Dt.15.04 .2010 consider them for the posts under to Memo.No AddI Secy./DS(L,IRANDR)/AS (L,IR AND R)/P.O.(RegANDHRMS)/JPO 2/416/2008-1, dt. 25.04.2013 appointment by transfer, including the petitioner from the present post of Lineman to the post of Sub- Engineer. 3. To declare the action of the respondents filling up the posts lying vacant in Machilipatnam Circle erst while Vijayawada Circle, without framing any policy for filling compassionate appointment candidates and taking away the rights of other employees who are eligible for promotion by transfer as illegal arbitrary and contrary to Article 14 and Article 21 of the Constitution of India and to pass Counsel for the Petitioner: 1.J RAVI KUMAR Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following; i.e or and to up vacancies with THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN Writ Petition No.16328 of 2025 ORDER: Petitioner is working as Lineman and he seems to have acquired Degree in B.Tech. in the year 2018, therefore, he is qualified and eligible to be considered to hold the post of Sub-Engineer by promotion on transfer. Petitioner has now made representation to the 2'’'* respondent for consideration of his case for promotion by transfer to the post of Sub-Engineer, which is stated to be pending. It is stated that though petitioner is eligible to be considered for the same, respondents have undertaken appointments by direct recruitment and also appointing persons on compassionate grounds and therefore, petitioner was deprived of the right to be considered for promotion through transfer. Learned counsel for the petitioner submits that it would suffice to direct the 2"'‘ respondent to consider request of petitioner in terms of his representation, dated 20.02.2025, and pass appropriate order. 2. Learned Standing Counsel appearing for the respondents submits that the request of the petitioner would be considered and decided in accordance with Rules and Regulations of utility. 3. 4. In view of the aforesaid submissions, with the consent of both the learned counsel, the writ petition is disposed of at the admission stage by directing the 2"'^ respondent to consider the representation of the petitioner and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1- The PrI. Secretary, Energy Department, Secretariat, Velagapudi, Amaravati 2. The Chairman and State of Andhra Pradesh Guntur District. Managing Director, APCPDCL Hospital, ITI College Road, Vijayawada. 3. The Chief General Manager, ITI College Road, Vijayawada Opp Ramesh HRD, APCPDCL, Opp; Ramesh Hospital 4. The Superintending Engineer, Operation 5. One CC to Sri J. Ravi Kumar, 6. Two CCs to GP for Services-I 7. Two CD Copies. Circle, Machilipatnam. Advocate [OPUC] High Court of Andhra Pradesh [OUT] ssb ssb HIGH COURT DATED:04/07/2025 ORDER WP No.16328 OF 2025 ^ 1 7 JUL 2025 \% VsQjirrent Sectiojax^x DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS