APHC010458882018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 21512/2018 Between: K.Vamsee Krishna ...PETITIONER AND The Andhra Pradesh Southern Power Distribution Company Of A P Limited APSPDCL and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. S R SANKU AND KAVITI MURALI KRISHNA Counsel for the Respondent(S): 1. SC FOR APSPDCL 2. JYOTHI RATNA ANUMOLU JUNIOR STANDING COUNSEL FOR APSPDCL The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India has been filed by the Petitioner seeking the following relief: “ to issue an appropriate writ direction or order more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No1 vide its proceedings bearing No.SOO(CGM-HRD) Rt.No.913, Dt.16.06.18 not promoting the petitioner to the post of Assistant Divisional Engineer basing on the incorrect seniority list drawn by the Respondent No.1 vide its Proceedings Memo.No.CMD/CGM/HRD/JS/HRD/DGM1/POII/A 1/D No.368/17 Dt.06.04.2017 even though the Petitioner is senior to the unofficial Respondent Nos.4 to 6 herein as illegal and arbitrary and contrary to the Regulation 26 of APSEB Service Regulations Part-II and it is further consequentially prayed that this Honourable Court may be pleased to direct the Respondents to promote the Petitioner also to the post of Assistant Divisional Engineer with effect from 2 16.06.2018 with all consequential benefits by placing him at the appropriate seniority position in accordance with Regulation 26 of APSEB Service Regulations Part-II.” 2. Learned Standing Counsel appearing for respondent-APSPDCL while placing the Proceedings vide S.O.O.(CGM-HRD). Rt.No.452 dated 03.04.2021, on record, would submit that respondent authorities have issued Proceedings giving adhoc promotion to the Petitioner. 3. For ready reference, paragraphs 5 to 7 of the Written Instructions dated 03.04.2021 are extracted hereunder: 5) The above adhoc promotion ordered in para-1 above is also subject to the result of the final outcome of the following Writ Petitions and any court cases pending in the Hon'ble High Court of Andhra Pradesh. i. W.P.No.5569/2004 ii. W.P.No.15837/2003 iii. W.P.No.5646/2004 iv. W.P.No.4303/2004 v. W.P.No.10182/2016 vi. W.P.No.19299/2014 vii. W.P.No.13722/2017 viii. W.P.No.12322/2010 ix. W.P.No.2001/2018 x. W.P.No.19099/2018 xi. W.P.No.21512/2018 6. Sri K.Vamsee Krishna, Assistant Executive Engineer (Elecl.) on temporary adhoc promotion as Deputy Executive Engineer (Elecl.) ordered in para-1 above is transferred and posted under the control of SE/O/Tirupati and obtaining proper relief from the present place of working and submit the undertaking annexed to this S.O.O duly filled, to the Chief General Manager (HRD)/ Corporate Office/Tirupati. 7. Sri K.Vamsee Krishna, Assistant Executive Engineer (Elecl.) is informed that he has to assume charge after obtaining proper relief from the present place of working within 15 days from the date of issue of these orders, failing which he have to forego all the rights both at present and in future for such higher post. If he fail to join duty within the time limit or evade to join duty, such period till he re-joins will be treated as un-authorized absence, besides 3 treating such period of un-authorized absence as 'DIES-NON'. He will also be liable for disciplinary action. 4. Learned counsel for the Petitioner would submit that recording the said submission, the Writ Petition may be disposed of. 5. Considering the said submissions, the Writ Petition is disposed of. Petitioner is at liberty to challenge the Proceedings dated 03.04.2021, if so advised. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 21512 2018 20.03.2025 Mjl /*