APHC010420442014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14194/2014 Between: Pilli Srinivasa Rao ...PETITIONER AND Airports Authority Of India Ex Director 3 and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V V N NARAYANA RAO Counsel for the Respondent(S): 1. N JEEVAN KUMAR 2. A K JAYAPRAKASH RAO The Court made the following Order : WP.No.14194 of 2014 THE HON’BLE SRI JUSTICE HARINATH. N WRIT PETITION No.14194 of 2014 O R D E R : The petitioner is seeking a direction to promote the petitioner to the post of Assistant Manager and is also challenging the promotion of the 4th respondent as Assistant Manager instead of promoting the petitioner. 2. The 1st respondent issued a notification dated 28.01.2002 calling for applications for filling up the various posts including Senior Assistant (Electronics). The Educational qualification for the post of Senior Assistant (Electronics) is three years Diploma in Radio Telecommunication/Electronics (Engineering) from a recognized University with 55% marks in aggregate and candidates must be below age 27 years. 3. The learned counsel appearing for the petitioner submitted that the petitioner secured 88.75 marks in the merit for the written test and oral interview. It is submitted that the 4th respondent secured 78.5 marks in the merit for written test and oral interview. It is submitted that the petitioner was placed at serial number 94 in the order of seniority of Senior Assistants (Electronics) and the 4th respondent was placed at serial number 97 in the seniority list as on 01.08.2004. WP.No.14194 of 2014 4. It is submitted that the petitioner was placed at S.No.48 in the seniority list as on 01.01.2009 and 4th respondent was placed at S.No.49. It is also submitted that as per seniority list as on 01.01.2011, the petitioner was placed at S.No.13 and the 4th respondent was placed at S.No.14. 5. It is submitted that the petitioner was placed at S.No.26 and the 4th respondent was placed at S.No.9 in the seniority list as on 01.01.2014. The petitioner raised an objection on the seniority list and submitted an application under RTI. The respondents vide proceedings dated 30.04.2012. The learned counsel for the petitioner submits that even as per the said proceedings the promotion from non-executive to executive is to be made on merit basis and promotions to be strictly in accordance with the seniority list. The appeal was filed by one Sri.Om Prakash, Senior Superintendent (Electronics). The learned counsel also places reliance on the office memorandum dated 04.11.1992 and that seniority of a person regularly appointed to a post according to rule would be determined by the order of merit indicated at the time of initial appointment and not according to the date of his confirmation. The learned counsel for the petitioner submits that the petitioner was way ahead of the 4th respondent in the order of merit, however, was denied the promotion. WP.No.14194 of 2014 6. The respondents in their counter submit that the petitioner was below the 4th respondent in the combined seniority list and that the 4th respondent had already joined as Assistant Manager in Agartala Airport. It is also submitted that merit cum seniority list was followed for promotion from non-executive to executive cadre. The respondents have also submitted an additional counter that the Airport Authority of India Recruitment and Promotions Guidelines dated 08.06.2006 was also placed on record. 7. It is submitted that the petitioner joined on 24.07.2004 whereas the 4th respondent joined on 13.01.2003. That apart, the 4th respondent was promoted to the post of Senior Superintendent (Electrical) on 27.06.2010 and the petitioner was promoted as Senior Superintendent (Electrical) on 23.07.2011. The seniority of Senior Assistants (Electronics) is maintained centrally and in the combined seniority list, the petitioner is below the 4th respondent. 8. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents. Perused the material on record. 9. The recruitment process for the post of Senior Assistant (Electronics) (a non-executive post) was conducted at the regional level under the Administrative Control of Regional Executive Directors. The seniority list of all the Senior Assistants was WP.No.14194 of 2014 merged into a combined seniority list was maintained centrally at the Head Quarters. The 4th respondent after completion of his training posted in the north-east region, whereas the petitioner was posted in the southern region. 10. When the petitioner did not challenge the promotion of the 4th respondent as Senior Superintendent (Electrical), who was promoted on 27.06.2010, he cannot now challenge the promotion of the 4th respondent as Assistant Manager vide proceedings dated 23.04.2014. 11. Admittedly, the petitioner is aware of the promotion and posting of the 4th respondent as Senior Superintendent (Electrical) as on 27.06.2010 and having acted upon the same cannot now claim to be a senior than the 4th respondent and challenge his subsequent promotion issued vide proceedings dated 23.04.2024. 12. For these reasons, the writ petition is dismissed without costs. 13. Pending miscellaneous petitions, if any, shall stands closed. ____________________ JUSTICE HARINATH.N Dated 02.04.2025 KGM WP.No.14194 of 2014 THE HON’BLE SRI JUSTICE HARINATH. N WRIT PETITION No.14194 of 2014 Dated 02.04.2025 KGM