^ I > ^ APHC010385132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST ^ TWO THOUSAND AND TWENTY FIVE |5 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19527 OF 2025 Si'0 0 Between: D Venkata Ramaiah, S/o. D. Raghavaiah (Late), Aged about 62 years Engineer/Superintendent Engineer (FAC), Irrigation Division, TGP Circle, Kadapa, Kadapa District ...Petitioner AND Department, State Andhra Pradesh, Secretariat Buildings, Secretariat, Velagapudi Amaravathi, Guntur District. Andhra Pradesh. 2. The Engineer-in-Chief (Admin), Jalasoudha, Irrigation Compound, Pradesh. of Water Resources Department, Governorpeta. Vijayawada, Andhra ...Respondents Petition under Article 226 of the Constitution Circumstances stated i pleased to issue a writ order Writ of Mandamus to declare the of seniority to the petitioner of India praying that in the in the affidavit filed therewith, the High Court may be or direction more particularly one in the nature of action of respondent authorities non-fixation the category of Assistant Executive Engineer from the date of his initial appointment i.e. from August 1987 and above the 1989 APPSC batch in to place over petitioner was selected/appointed in 1989 through APPSC and the petitioner is entitled for seniority in terms of the judgment rendered by the Hon’ble Apex Court in Civil Appeals @ SLP(Civil) Nos. 4036-4038 of 2024 dated 13.02.2025 and Memo, but treating the petitioner 2857329/WRD/Ser.ll/A1/2025-1 dated 27.06.2025 in 1989 APPSC 2nd batch by the 2nd respondent is highly illegal, arbitrary, discriminatory and contrary to law laid down by the Hon'ble Apex Court and to the Rule 21 and 33 of AP State and Subordinate Service Rules and consequently direct the 2nd respondent authorities to fix the seniority of the petitioner from date of his initial appointment in the category of Assistant Executive Engineer with effect from August 1987 onwards with all consequential benefits in terms of judgment rendered by the Hon’ble Court in Civil Appeals @ SLP(Civil) Nos. 13.02.2025 in case of P. RAM MOHAN RAO Vs K. Apex 4036- 4038 of 2024 dated SRINIVAS AND OTHERS Rules consider the category of Superintendent any one of existing vacancy. and Rule 21 and 33 of AP State and Subordinate Service case of the petitioner for promotion to the Engineer on regular/Adhoc basis in lA NO: 1 OF 2()?R Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased direct the respondent authorities to consider the praying that in the circumstances stated to case of the petitioner for promotion to the category of Superintendent consideration of Engineer by taking into service with effect from August 1987 in the category of Assistant Executive Engineer in terms of judgment rendered by the Hon'ble Apex Court in Civil Appeals @ SLP(Civil) Nos. 4036-4038 of 2024 dated 13.02.2025 and including the Rule 21 and 33 of AP State and Subordinate petition. Service Rule spending disposal of the above writ Counsel for the Petitioner: SRI K> SATYANARAYANA Counsel for the Respondents: GP FOR SERVICES II The Court made the following order: MURTHY 1 APHC010385132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19527/2025 Between: D Venkata Ramaiah ...PETITIONER AND The State Of AP and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K SATYANARAYANA MURTHY Counsel for the Respondent{S): 1.GP FOR SERVICES II The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19527/2025 The present Writ Petition is filed aggrieved by the fixation of seniority of the Petitioner in the cadre of Assistant Executive Engineer from the date of his initial appointment i.e., from August, 1987 over and above the 1989 APPSC Batch of Assistant Executive Engineers. non 2. The facts leading to filing of the present Writ Petition are as follows: The Petitioner was selected and appointed as Assistant Executive Engineer through employment exchange by dispensing with the APPSC examination. Subsequently, his services regularized with effect from March, 1990. were A final zonal wise seniority list was issued vide Circular Memo dated 26.07.2017 by the Respondent No.2. But, as per the final Seniority List, the name of the Petitioner was placed below the APPSC selected candidates in the year 1989. Before the final Seniority List in the cadre of Assistant Executive Engineer was finalized, the Petitioner was promoted to Deputy Executive Engineer on 29.06.2005 and further promoted as Executive Engineer on 18.02.2014 vide 3 G.O.Ms.No.163, dated 18.02.2014 and now he is presently working as incharge Executive Engineer/Superintending Engineer (FAC), Irrigation Division, TCP Circle, Kadapa. The grievance of the Petitioner is that the Seniority List in the cadre of Assistant Executive Engineer of the year 1987 needs to be corrected as the Petitioner was appointed prior to 1989 APPSC selected candidates. The Petitioner is placing reliance a judgment in Civil Appeals @ SLP (Civil) Nos.4036-4038 of 2024, dated 13.02.2025 in the case of P. Ram Mohan Rao v K. Srinivas and others. 3. on 4. A representation was also given by the Petitioner 23.12.2024. On the basis of the representation of the Petitioner, a on Memo No.2857329/WRD/Ser.ll/A1/2025-1, dated 27.06.2025 was issued by the Government suggesting for amendment of Seniority List of the Petitioner from the date of initial appointment in the cadre of Assistant Executive Engineer. Pursuant to the Memo issued, a Letter was said to have been addressed by the Respondent No.2 to Respondent No.1 stating the factual scenario. 5. As no action is being taken on the representation of the Petitioner dated, 23.12.2024 coupled with the recommendations of the Government vide Memo, dated 27.06.2025, the Writ Petition is filed. present 6. Learned counsel for the Petitioner submits that as the issue is said to be pending with the Respondent No.1, representation of the Petitioner may be considered expeditiously as possible considering the fact that he is only four months of service. the as 7. Learned Assistant Government Pleader passed on the signed instructions, wherein it is stated that the seniority in the cadre of Assistant Executive Engineer in respect of 1987 Emergency and 1989 APPSC has already been settled by the Andhra Pradesh Administrative Tribunal, which was confirmed by this Court and the Hon’ble Apex Court, and therefore, prayed for dismissal of the present Writ Petition. 8. Having heard the respective counsel and without going into the merits of the case, this Court is of the opinion that the present Writ Petition can be disposed of with the following direction: 5 i) The Respondent Authorities are directed to consider the representation of the Petitioner dated 23.12.2024 and pass appropriate orders as expeditiously as possible. Accordingly, the Writ Petition is disposed of. There shall be 9. no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTIOI^FFICER To, The Principal Secretary, Water Resources Department, State of AP, Secretariat Buildings, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 1. The Engineer-in-Chief (Admin), Water Resources Department, Governorpeta, Vijayawada, 2. Jalasoudha, Irrigation Compound, Andhra Pradesh. One CC to Sri. K Satyanarayana Murthy Advocate [OPUC] Two CCs to GP for Services II, High Court of Andhra Pradesh [OUT] Two CD Copies 3. 4. 5. GSC HIGH COURT DATED;01/08/2025 ORDER WP NO. 19527 OF 2025 disposing the WP WITHOUT COSTS