1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION Nos: 27137. 27298. 27476. 27587, 27826, 27862 and 31240 of 2024 WRIT PETITION NO: 27137 OF 2024 Between: Vithanala Mohan Babu, S/o Satyanarayana Murthy, aged about 45 years, Occ; Assistant Lineman, Residing at D.No. 1-3-74/10 VancharlaVari Street, Savaram Road, Amalapuram, Dr. BR.Ambedkar Konaseema District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principle Secretary, Energy Department, Secretariat, Velagapudi, Thulium Mandal, Amaravathi, Guntur District. 2. Eastern Power Distribution Company of Andhra Pradesh Limited, Rep by its Chairman and Managing Director,. Seethammadhara, P and T Colony Visakhapatnam -530013. 3. The Director, HRD and Finance APEPDCL, Corporate Office, Seethammadhara, P and T Colony Visakhapatnam -530013. 4. The Chief General Manager, HRD and Legal, APEPDCL, Corporate Office, Seethammadhara, P and T Colony, Visakhapatnam -530013. 5. The Superintending Engineer, Operation Circle, APEPDCL, VidyutBhavan, Amalapuram, Dr.BR.AmbedkarKonaseemaDistrict- 533201. 6. The Executive Engineer, Operation Division, APEPDCL, Vid5ait Bhavan, Amalapuram, Dr. BR.Ambedkar Konaseema District-533201. ...Respondents Petition under Article 226 of the Constitution of India praying that in - the circ^mstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ or order or direction may more particularly in the nature of writ of Mandamus or any other appropriate writ declaring the action of the Respondent No.6 not taking into consideration seniority list of Assistant Lineman for promotion post of Lineman vide Memo No. DEE/O/APM/Adm/JAO/LI/D.No.993/2016 dated 20.09.2016 consequently proceedings issued on 03.08.2024 call one for the undertaking Letters vide Memo No.EE/0/ APM/Adm/JAO/SA-l/D.No. 1406/2024 illegal, arbitrary and violation principles of nature justice and violation of Art 14 and 16 of the constitution of India and also contrary to Rule 26 of APSEB Regulations Part.II and Rule 33 (b) of AP. State and Subordinate Service Rules 1996, established procedure in service law and set aside the same (Memo dated 03.08.2024). and as IS lA NO: 1 OF 2024 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 to consider objection/representation dated 12.08.2024 duly requesting to review the entire seniority list dated 03.08.2024, pending finalization, not to take any coercive steps pending disposal of the writ petition. lA NO: 1 OF 2025 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 set aside the memo dated 16.11.2024 and pending disposal of the writ petition. Counsel for the Petitioners: SRI KINTALI DHARMA RAO Counsel for the Respondents: GP FOR SERVICES I 3 Counsel for the Respondents: SRI V.V.SATISH, SC FOR APEPDCL WRIT PETITION NO: 27298 OF 2024 Between: Mahammad Mujeebulla, S/o Babjani, aged about 38 years, Occ- Assistant Lineman, R/o at D.No.4-48,AtreyapuramMandal Amalapuram Dr, BR.Ambedkar Konaseema District. ...Petitioner AND 1. The State of Andhra Pradesh , Rep by its Principle Secretary, Energy Department, Secretariat, Velagapudi, Thulluru Mandal, Amaravathi, Guntur District. 1 2. Eastern Power Distribution Company of Andhra Pradesh Limited, (APEPDCL), Rep by its Chairman and Managing Director,. Seethammadhara, P and T Colony Visakhapatnam -530013. 3. The Director, HRD and Finance, APEPDCL, Corporate Office, Seethammadhara, P and T Colony Visakhapatnam -530013. 4. The Chief General Manager, HRD and Legal, APEPDCL, Corporate Office, Seethammadhara, P and T Colony, Visakhapatnam -530013. 5. The Superintending Engineer, Operation Circle, APEPDCL, VidyutBhavan, Amalapuram, Dr. BR.Ambedkar Konaseema District- 533201. 6. The Executive Engineer, Operation Division, APEPDCL, Vidyut Bhavan, Amalapuram, Dr. BR.Ambedkar Konaseema District-533201. ...Respondents 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 an appropriate writ or order or direction, particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the action of the Respondent No.6 without considering the seniority list of Assistant Lineman for promotion post of Lineman vide Memo DEE/O/APM/Adm/JAO/U/D. No.993/2016, more No. dated 20.09.2016 consequently proceedings issued on 03.08.2024 call for the undertaking Letters vide Memo No.EE/0/ APM/Adm/JAO/SA-l/D.No. 1406/2024 illegal, arbitrary and violation principles of nature justice and violation of Art as IS 4 14 and 16 of the constitution of India and also contrary to Rule 26 of APSEB Regulations Part.ll, Rule 33 (b) of AP. State and Subordinate Service Rules 1996 and procedure in service law, consequently set aside the memo dated 03.08.2024 and 30.07.2024 consequently direct the respondent No.5866, promote the petitioners as per the seniority list dated 20.09.2016 in the vacancies for post of Lineman. {- lA NO: 1 OF 2024 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 to consider objection/representation dated 12.08.2024 to promote the petitioners as per the seniority list dated 20.09.2016 in the vacancies for post of Lineman, Meanwhile not to take any coercive steps in memo dated 03.08.2024, pending disposal of the writ petition. Counsel for the Petitioners: SRI KINTALI DHARMA RAO Counsel for the Respondents: GP FOR SERVICES I Counsel for the Respondents: SRI V.V.SATISH, SC FOR APEPDCL WRIT PETITION NO: 27476 OF 2024 Between: 1. Jonnada Gangadhar, S/o. KoteswaraRao, aged about 46 years, Occ- Assistant Lineman, Residing at D.No.6-142/3, Pithanivaripalem, Karkaipeta, Kamanagaruvu, Amalapuram, Dr.BR.Ambedkar Konaseema District-533201 2. Gollapalli Pallam Raju, S/o Krishna Rao, aged about 47 years, Occ- Assistant Linemain, Vanapalli Post, Baba Nagar, Kotha Peta Mandal, Amalapuram, Dr. BR.Ambedkar Konaseema District-533228. 3. Pamu Yogeswara Rao, S/o Saheb Rao, aged about 47 years, Occ- Assistant Lineman, Residing at D.No.6-17, Machavaram, Jayanthi Nagar, Ambajipeta, Amalapuram, Dr.BR.AmbedkarKonaseemaDistrict- 533214 5 4. Ponugupati Ram babu, S/o Peda Nageswara Rao, aged about 42 years, Occ- Assistant Lineman, Residing at D.No.9-220, Pujaripalem, Palivla post, Kothapeta Mandal, Amalapuram, Dr.BR.Ambedkar Konaseema District-533229 5. Bula Yedukondalu, S/o Bhima Raju, aged about 53 years, Occ- Assistant Lineman, Residing at D.No.6-1770, Indira Colony, Ravulapalem Mandal, Dr.BR.Ambedkar Konaseema District-533201 6. Jalli Balakrishna, S/o Sathi Reddy, aged about 53 years, Occ- Assistant Lineman, Residing at D.No.2-51, Gudala Village, Allavaram Mandal, Amalapuram, Dr.BR. Ambedkar Konaseema District-533218 7. Ganti Srinu Babu, S/o Pandavulu aged about 49 years, Occ- Assistant Lineman, Residing at D.No.3-71, Main Road, Bangarammapeta, Muramalla, I. Polavaram, Amalapuram, Dr.BR.Ambedkar Konaseema District-533220 8. Giddi Gangadhar, S/o Lakshman Swamy, aged about 44 years, Occ- Assistant Lineman, Residing at D.No. 16-42-9, Road No.2, Sambamurthy Nagar, Indira Colony, Kakinada Urban, Kakinada District- 533001. 9. Pothumudei Srinivas, S/o Satyanarayana, aged about 50 years, Occ- Assistant Lineman, Residing at D.No. 1-212/1, Sompalli Village, Razolu Mandal, Amalapuram, Dr.BR. Ambedkar Konaseema District-533242. i.- ...Petitioners AND 1. The State of Andhra Pradesh , Rep by its Principle Secretary, Energy Department, Secretariat, Velagapudi, Thulium Mandal, Amaravathi, Guntur District. 2. Eastern Power Distribution Company of Andhra Pradesh Limited, (APEPDCL), Rep by its Chairman and Managing Director,. Seethammadhara, P and T Colony, Visakhapatnam -530013. 3. The Director, HRD and Finance, APEPDCL, Corporate Office, Seethammadhara, P and T Colony Visakhapatnam -530013. 4. The Chief General Manager, HRD and Legal, APEPDCL, Corporate Office, Seethammadhara, P and T Colony, Visakhapatnam -530013. 5. The Superintending Engineer, Operation Circle, APEPDCL, VidyutBhavan, Amalapuram, Dr.BR.Ambedkar KonaseemaDistrict- 533201. 6. The Executive Engineer, Operation Division, APEPDCL, VidyutBhavan, Amalapuram, Dr.BR.Ambedkar KonaseemaDistrict-533201. ...Respondents 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 an appropriate writ or order or direction, particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the action of the Respondent No.6 not taking into consideration seniority list of Assistant Lineman for promotion post of Lineman vide Memo No. DEE/O/APM/Adm/JAO/U/D.No.993/2016, dated 20.09.2016 and consequently proceedings issued on 03.08.2024 call for the undertaking Letters vide Memo No.EE/0/ APM/Adm/JAO/SA-l/D.No. 1406/2024, as is illegal, arbitrary and violation principles of nature justice and violation of Art 14 and 16 of the constitution of India and also contrary to Rule 26 of APSEB Regulations Part.ll and Rule 33 (b) of AP. State and Subordinate ervice Rules 1996, and procedure in service law, consequently suspend the memo dated 03.08.2024 and 30.07.2024 consequently direct the respondent No.5866, promote the petitioners as per the seniority list dated 20.09.2016 in the existing/future vacancies for post of Lineman. lA NO: 1 OF 2024 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 to consider objection/representation dated 12.08.2024 to promote the petitioners as per the seniority list dated 20.09.2016 in the vacancies for post of Lineman meanwhile not to take coercive steps in memo dated 03.08.2024, pending disposal of the writ petition. more any Counsel for the Petitioners: SRI KINTALI DHARMA RAO Counsel for the Respondents: GP FOR SERVICES I Counsel for the Respondents: SRI V.V.SATISH, SC FOR APEPDCL 7 WRIT PETITION NO: 27587 OF 2024 ( Between: Kotipalli Veera Venkata Satya Prasad, S/o Narasimha Rao, Occ Lineman, aged about 43years, Residing at D.No.5-161/ l,Adumu Village, Mamidiakuduru Mandal, Amalapuram, Dr.BR.Ambedkar KonaseemaDistrict-533201 ...Petitioner AND The State of Andhra Pradesh, Rep by its Principle Secretary, Energy Department, Secretariat, Velagapudi, Thulluru Mandal, Amaravathi, Guntur District. Eastern Power Distribution Company of Andhra Pradesh Limited, Rep by its Chairman and Managing Director,. Seethammadhara, P and T Colony Visakhapatnam -530013. The Director, HRDSs Finance, APEPDCL, Corporate Office, Seethammadhara, P & T Colony Visakhapatnam -530013. . The Chief General Manager, HRD and Legal, APEPDCL, Corporate Office, Seethammadhara, P and T Colony, Visakhapatnam -530013. The Superintending Engineer, Operation Circle, APEPDCL, VidyutBhavan, Amalapuram, Dr. B.R. Ambedkar Konaseema District- 533201. The Executive Engineer, Operation Division, APEPDCL, Vidyut Bhavan Amalapuram, Dr. B.R.Ambedkar Konaseema District-533201. 1. 2. 3. 4. 5. 6. ...Respondents 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 an appropriate writ or order or direction, more particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the action of the Respondent No.6 not issuing the seniority list for Lineman cadre, basing on the Lineman promotion dated 30.11.2021 and Assistant Lineman Seniority List dated 20.09.2016 vide Memo No. DEE/O/APM/Adm/JAO/U/D.No.993/2016 and consequently proceedings issued on 03.08.2024 call for the undertaking Letters Memo No.EE/0/ APM/Adm/JAO/SA-l/D.No. 1406/2024, as is illegal, arbitrary and violation principles of nature justice and violation of Art 14 and 16 of the constitution 8 of India and also contrary to Rule 26 of APSEB Regulations Part. II and ^ Rule 33 (b) of AP. State and Subordinate Service Rules 1996, established procedure in service law and set aside the same (Memo dated 03.08.2024) further directed to the respondent No.5866 issue seniority list in the cadre of Lineman. ( lA NO: 1 OF 2024 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 to issue the seniority list of Lineman cadre basing on the ALM Seniority list dated 20.09.2016, meanwhile not to take any coercive steps in memo dated 03.08.2024 pending disposal of the writ petition. Counsel for the Petitioners: SRI KINTALI DHARMA RAO Counsel for the Respondents: GP FOR SERVICES I Counsel for the Respondents: SRI V.V.SATISH, SC FOR APEPDCL WRIT PETITION NO: 27826 OF 2024 Between: 1. Jagadam Simhadri, S/o Sriramulu, aged about 53 years, Occ. Assistant Lineman, Residing at D.No.6-142/9, Pithnivarialem VTC Amalapuram (rural). Dr. BR.Ambedkar Konaseema District-533201 2. Sape Vijaya Kumar, S/o. Abbulu, aged about 46 years, Occ. Lineman Residing at D.No.8-101/2,Pedapeta, Dr. BR.Ambedkar Konaseema District-533201 3. Tarapatia Sudhakar Reddy, S/o China Satyanarayana aged about 39 years, Occ. Lineman, Residing at D.No. 1-5-64/IA, Savaram Municipal Revenue Ward-1, Amalapuram, Dr.BR.Ambedkar Konaseema District- 533201. 4. Bonthu Durga Satyanarayana, S/o. Purusottuam, aged about 46 years, Occ. Lineman, Pallepalem, Raja Ramohan Roy Street, Near Vinayaka Temple, Mummidivaram, Amalapuram, Dr.BR.Ambedkar Konaseema District-533201 Nedunuru, Amalapuram, 9 5. Bathula Venkata Ramana, S/o Kondayya, aged about 48 years, Occ. Assistant Lineman, Residing at D.No.3-76 ( Mokavaripeta, P.Gannavaram, Amalapuram, Dr.BR. Ambedkar Konaseema District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principle Secretary, Energy Department, Secretariat, Velagapudi, Thulluru Mandal, Amaravathi, Guntur District. 2. Eastern Power Distribution Company of Andhra Pradesh Limited, (APEPDCL), Rep by its Chairman and Managing Director,. Seethammadhara, P and T Colony Visakhapatnam -530013. 3. The Director, HRDSs Finance, APEPDCL, Corporate Office, Seethammadhara, P and T Colony Visakhapatnam -530013. 4. The Chief General Manager, HRD and Legal, APEPDCL, Corporate Office, Seethammadhara, P and T Colony, Visakhapatnam -530013. 5. The Superintending Engineer, Operation Circle, APEPDCL, Vidyut Bhavan, Amalapuram, Dr. B.R.Ambedkar Konaseema District-533201 6. The Executive Engineer, Operation Division, APEPDCL, Vidyut Bhavan, Amalapuram, Dr. B.R. Ambedkar Konaseema District-533201. ...Respondents 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 an appropriate writ or order or direction, particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the action of the Respondent No.6 not issuing the seniority list for Lineman cadre, basing on the Lineman promotion dated 30.11.2021 and Assistant Lineman Seniority List dated 20.09.2016 vide Memo No. DEE/O/APM/Adm/JAO/U/D.No.993/2016 and consequently proceedings issued on 03.08.2024 call for the undertaking Letters vide Memo No.EE/O/APM/Adm/JAO/SA-1/D.No.1406/2024, as is illegal, arbitrary and violation principles of nature justice and violation of Art 14 and 16 of the constitution of India and also contrary to Rule 26 of APSEB Regulations Part.ll and Rule 33 (b) of AP. State and Subordinate Service Rules 1996, more 10 established procedure in service law and set aside the same (Memo dated 03.08.2024 ) further directed to the respondent No.5 and 6 issue seniority list in the cadre of Lineman, accordingly promotion may be given to the post of Line inspectors. ( lA NO: 1 OF 2024 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 may be pleased to direct the respondents to issue the seniority list of Lineman cadre basing on the ALM Seniority list dated 20.09.2016 for promotion of line inspector, in the meanwhile not to take any coercive steps in the memo dated 03.08.2024 pending disposal of the writ petition. Counsel for the Petitioners: SRI KINTALI DHARMA RAO Counsel for the Respondents: GP FOR SERVICES I Counsel for the Respondents: SRI V.V.SATISH, SC FOR APEPDCL WRIT PETITION NO: 27862 OF 2024 Between: 1. Mattaparthi Ramu, S/o Venkata Rao, aged about 47 years Occ Lineman, Residing at D.No.2-61/2, Main Road, Narendrap’uram, P.Gannavaram Mandal, Amalapuram, Dr.BR.Ambedkar Konaseema District. 2. Yamana Balakrishna, S/o Nageswara Rao, aged about 38 years Occ Lineman, Residing at D.No.2-37, Redia Ramalayam Street, Kam’araju Lanka, Ravulapalem, Dr.BR.Ambedkar Konaseema District. 3. Seelam Ajaya Kumar, 3. S/o Samuel Poul, aged about 46 years, Occ Lineman, Amalapuram, Dr.BR.Ambedkar Konaseema District. 4. Mamidisetti Srinivasa Rao, S/o Narasimha Setty , aged about 49 years Occ Lineman, Residing at D.No. 1-109 Near VS Palem, Main Road,’ Ambajipete, Amalapuram, Dr.BR.Ambedkar Konaseema District. 5. Kadah Durga Prasad, S/o Venkateswarlu aged about 39 years Occ Lineman, Residing at D.No. 1-37, Moripodu Village, Sakhinetipalli Mandal, Amalapuram, Dr.BR.Ambedkar Konaseema Distric 11 6. Jogi Srinivasa Rao, S/o Kondala Rao, aged about 41 years, Occ Lineman, Residing at D.No.7-134/2, Joguvaripalem Nedunuru, Ainvilli Mandal, Amalapuram, Dr.BR.Ambedkar Konaseema District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principle Secretary, Energy Department, Secretariat, Velagapudi, Thullur Mandal, Amaravathi, Guntur District. 2. Eastern Power Distribution Company of Andhra Pradesh Limited, (APEPDCL), Rep by its Chairman and Managing Director. Seethammadhara, P and T Colony Visakhapatnam -530013. 3. . The Director, 3 HRDSs Finance, APEPDCL, Corporate Office, Seethammadhara, PandT Colony Visakhapatnam -530013. 4. The Chief General Manager, HRDSsLegal, APEPDCL, Corporate Office, Seethammadhara, Pand T Colony, Visakhapatnam -530013. 5. The Superintending Engineer, Operation Circle, APEPDCL, Vidyut Bhavan, Amalapuram, Dr. B.R.Ambedkar Konaseema District-533201. 6. The Executive Engineer, Operation Division, APEPDCL, Vidyut Bhavan Amalapuram, Dr. B.R.Ambedkar Konaseema District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ or order or direction, particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the action of the Respondent No.6 not issuing the seniority list for Lineman cadre, basing on the Lineman promotion dated 30.11.2021 and Assistant Lineman Seniority List dated 20.09.2016 vide Memo I^EE/O/APM/Adm/JAO/U/D.No.993/2016 and consequently proceedings issued on 03.08.2024 Letters vide Memo No.EE/0 APM/Adm/JAO/SA- 1/D.No. 1406/2024, as is illegal, arbitrary and violation principles of nature justice and violation of Art 14 and 16 of the constitution of India and also contrary to Rule 26 of APSEB Regulations Part.ll and Rule 33 (b) of AP. State and Subordinate Service Rules 1996, established procedure in service may more No. 12 law and set aside the same (Memo dated 03.08.2024) further directed to the respondent No.5 and 6 issue seniority list in the cadre of Lineman, accordingly promotion may be given to the post of Line inspectors. ij lA NO: 1 OF 2024 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 to issue the seniority list of Lineman cadre basing on the ALM Seniority list dated 20.09.2016 for promotion of line inspector, in the meanwhile not to take any coercive steps in the memo dated 03.08.2024 pending disposal of the writ petition. Counsel for the Petitioners: SRI KINTALI DHARMA RAO Counsel for the Respondents: GP FOR SERVICES I Counsel for the Respondents: SRI V.V.SATISH, SC FOR APEPDCL WRIT PETITION NO: 31240 OF 2024 Between: 1. Tarapatia Sudhakar Reddy, S/o China Satyanarayana aged about 39 years, Occ Lineman, Residing at D.No. 1-5-64/IA, Savaram Municipal Revenue Ward-1, Amalapuram, Dr.BR.Ambedkar Konaseema District- 533201. 2. Jagadam Simhadri, S/o Sriramulu, aged about 53 years, Occ Assistant Lineman, Residing at D.No.6-142/9, Pithnivarialem, VTC Amalapuram (rural), Dr.BR.Ambedkar Konaseema District-533201 3. Sape Vijaya Kumar, S/o. Abbulu, aged about 46 years, Occ Lineman Residing at D.No.8-101/2,Pedapeta, Dr.BR.Ambedkar Konaseema District-533201 4. Bonthu Durga Satyanarayana, S/o. Purusottuam, aged about 46 years, Occ Lineman, Pallepalem, Raja Ramohan Roy Street, Near Vinayaka Temple, Mummidivaram, Amalapuram, Dr.BR.Ambedkar Konaseema District-533201 . Bathula Venkata Ramana, , S/o Kondayya, aged about 48 years, Occ Assistant Lineman, Residing at D.No.3-76, Mokavaripeta, P.Gannavaram, Amalapuram, Dr.BR.Ambedkar Konaseema District. 6. Mattaparthi Ramu, S/o Venkata Rao, aged about 47 years, Occ Lineman, Residing at D.No.2-61/2, Main Road, Narendrapuram, Nedunuru, Amalapuram 5. 13 P.Gannavaram Mandal, Amalapuram, Dr.BR.Ambedkar Konaseema District. 7. Yamana Balakrishna, S/o Nageswara Rao, aged about 38 years, Occ Lineman, Residing at D.No.2-37, Redia Ramalayam Street, Kamaraju Lanka, Ravulapalem, Dr.BR.Ambedkar Konaseema District-533238. 8. Seelam Ajaya Kumar, S/o Samuel Poul, aged about 46 years, Occ Lineman, Amalapuram, Dr.BR.Ambedkar Konaseema District. 9. . Mamidisetti Srinivasa Rao, S/o Narasimha Setty, aged about 49 years, Occ Lineman, Residing at D.No. l-109Near VS Palem, Main Road, Ambajipete, Amalapuram, Dr.BR.Ambedkar Konaseema District- 533214. 10. Kadali Durga Prasad, S/o Venkateswarlu aged about 39 years, Occ Lineman, Residing at D.No. 1-37, Moripodu Village, Sakhinetipall’i Mandal, Amalapuram, Dr.BR.Ambedkar Konaseema District-533250. Jogi Srinivasa Rao, , S/o Kondala Rao, aged about 41 years, Occ Lineman, Residing at D.No.7-134/2,Joguvaripalem, Nedunuru, Ainvilli Mandal, Amalapuram, Dr.BR.Ambedkar Konaseema District-533241. Kotipalli Veera Venkata Satya Prasad, S/o Narasimha Rao, Occ Lineman, aged about 43 years. Residing at D.No.5-161 /I ,Adumu Village, Mamidiakuduru Konaseema District-533201. 11. 12. Mandal, Amalapuram, Dr.BR.Ambedkar ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principle Secretary, Energy Department, Secretariat, Velagapudi, Thulluru Mandal, Amaravathi, Guntur District. 2. Eastern Power Distribution Company of Andhra Pradesh Limited, (APEPDCL), Rep by its Chairman and Managing Director, Seethammadhara, P & T Colony Visakhapatnam -530013. 3. The Director, HRD and Finance, APEPDCL, Corporate Office, Seethammadhara, P and T Colony Visakhapatnam -530013. 4. The Chief General Manager, HRD and Legal, APEPDCL, Corporate Office, Seethammadhara, P and T Colony, Visakhapatnam -530013. 5. The Superintending Engineer, Operation Circle, APEPDCL, Vidyut Bhavan, Amalapuram, Dr. B.R.Ambedkar Konaseema District-533201. 6. The Executive Engineer, Operation Division, APEPDCL, Vidyut Bhavan, Amalapuram, Dr. B.R.Ambedkar Konaseema District-533201. ...Respondents 14 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ or order or direction may more particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the action of the Respondent No.6 issuing the confirmed seniority list of Junior Lineman vide EE/O/APM/ADM/JAO/SA-I/D.N0 . 1979/2024 dated 23.11.2024 without considering the objections dated 12.08.2024 consequently proceedings memo dated 03.08.2024 call for the undertaking letters and without relying upon the Assistant Lineman list dated 20.09.2016 for further seniority promotions as is illegal, arbitrary and violation principles of nature justice and violation of Art 14 and 16 of the Regulations Rules 1996, constitution of India and also contrary to Rule 26 of APSEB Part.ll and Rule 33 (b) of AP. State and Subordinate Service established procedure in service law and to suspend the Memo dated 23.11.2024 Vide EE/O/APM/ADM/JAO/SA-I/D.No. 1979/2024. directed to the respondent No.6856 issue seniority list of Lineman relying upon the existing Assistant Lineman seniority list dated 20.09.2016. Further lA NO: 1 OF 2024. Petition under Section 151 CPC stated in the affidavit filed i pleased to direct the praying that in the circumstances m support of the petition, the High Court may be respondents to consider the representations dated 12.08.2024 and 07.12.2024, till such time not to take any coercive steps in the 03.08.2024 pending disposal of the writ petition. petitioner’s memo dated 23.11.2024 and Memo dated Counsel for the Petitioners: SRI KINTALI DHARMA Counsel for the Respondents: GP FOR SERVICES I Counsel for the Respondents: SRI V.V.SATISH, SC FOR APEPDCL The Court made the following common order: RAO APHC010516972024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NOs: 27137. 27298. 27476. 27587. 27826. 27862 AND 31240/2024 Between: ...PETITIONER Vithanala Mohan Babu and others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KINTALI DHARMA RAO Counsel for the Respondent(S): 1.VVSATISH (SCforAPEPDCL) 2.GP FOR SERVICES I The Court made the following COMMON ORDER: In all these writ petitions, petitioners were all working as Assistant Lineman and due for promotion as Lineman and are assailing the seniority list prepared by respondents based on roster and further challenged Memo No.EE/0/AMP/ADM/JAO/ SA-1/D. No. 1406/2024, dated 03.08.2024 issued by 2 CGR, J W.P. Nos. 27137, 27298, 27476, 27587, 27826, 27862 and 31240/2024 a respondent by which petitioners were called upon to submit an undertaking to be arbitrary, contrary to Rule 26 of Andhra Pradesh State Electricity Board (APSEB) Service Regulations Part - II besides being in violation of Articles 14 and 16 of the Constitution of India. 2. Since all these writ petitions raise common question regarding preparation of seniority list based on roster rather than on merit, the same are being disposed of by common order. 3. The facts set out in W.P. No.27137 of 2024 are as follows: (a) Petitioner was appointed as contract Junior Lineman on yearly contract basis on 07.03.2007. Later, his services were regularized as Junior Lineman on 03.10.2008. He was promoted as Assistant Lineman on 21.07.2011. Seniority list of Assistant Lineman cadre was fixed and communicated by 6**^ respondent vide proceedings dated 20.09.2016, as per which, petitioner was placed at S.No.82 out of 107. It is stated that persons from S.Nos.1 to 81 have been promoted from Assistant Lineman to Lineman and the remaining are awaiting for promotion. (b) Meanwhile, seniority list of contract Junior Lineman who were appointed during the year 2006-2007 came to be fixed 3 CGR, J W.P. Nos. 27137, 27298, 27476, 27587, 27826, 27862 and 31240/2024 following ROR and by memo dated 30.07.2024 has been communicated to the concerned Divisions. As per the same, the The said memo also reflected that the seniority lists are being prepared following ROR and that as per minutes of APPCC in its meeting held 13.02.2024, a Committee was constituted to study and submit report on implementation of Merit-cum-Seniority by TOO (Addl. Secy-Per) Ms.No.3238, dated 15.04.2024. Therefore, wherever final seniority list on merit basis has not been finalized, it has been instructed to follow conditional seniority list by obtaining undertakings from the prospective promotes, as seniority was fixed on ROR basis, which will be subject to outcome of the report of the Committee on implementation of Merit-cum-Seniority. petitioner stood at S.No.38 out of 61. on (c) By memo dated 03.08.2024, the 6*^ respondent issued another integrated seniority list which comprised Junior Lineman recruited on contract basis during 2006 and 2007 and Junior Lineman recruited on regular basis during 2014 on ROR basis. As per the said list, petitioner stood at S.No. 123 out of 203. Since the respondents have not prepared merit based seniority list, the aforesaid integrated seniority list based on ROR is sought to be acted upon, for which purpose all the prospective 4 CGR, J W.P. Nos. 27137, 27298, 27476, 27587, 27826, 27862 and 31240/2024 a promotees have been asked to submit undertaking letters. Petitioner has submitted objections by letter dated 12.08.2024 finding fault with preparation of seniority list on ROR basis rather than following merit as contemplated under Regulation 26 of APSEB Service Regulations Part - II and Rule 33(b) of A.P. State and Subordinate Service Rules, 1996. (d) As the respondents have not considered objections, petitioner approached this Court by filing the present writ petition. Petitioner filed I.A. No.1 of 2024 to direct the respondents to consider objections/representation dated 12.08.2024 for reviewing the entire seniority list as communicated by memo dated 03.08.2024. It appears, 6‘^ respondent by memo dated 16.11.2024 rejected the objections raised by petitioner inter alia informing that seniority list was duly fixed following rule of reservation as per the instructions received from competent authority but not on merit order. Petitioner filed I.A. No.1 of 2025 seeking to set aside the aforesaid memo. (a) Respondents filed counter stating that as per the instructions of higher authorities in order to comply with various orders passed by the High Court, the seniority list came to be 3. 5 CGR, J W.P. Nos. 27137, 27298, 27476, 27587, 27826, 27862 and 31240/2024 revised and that persons who have been selected during the year 2006-2007 as contract Junior Lineman and Junior Lineman who were recruited in pursuance to selections held during the years 2014, 2019 and 2021 were all integrated into single unit and integrated seniority list came to be prepared and the same was communicated to all stakeholders. The said seniority list was prepared following rule of reservation. It is also stated that in the meeting held on 13.02.2024, all (b) the DISCOMS have decided to constitute a committee to study and submit a report on implementation of Merit-cum-Seniority, accordingly. TOO (Addl.Secy-Per) Ms.No.3238, dated It is also decided that final 15.04.2024, came to be issued. seniority list prepared based on merit as issued before 15.04.2024 shall not be revised and wherever such final seniority list on merit basis was not finalized, conditional seniority list was to be acted upon, for which purpose, necessary undertaking from all prospective promotes were to be secured as the seniority lists were based on ROR basis which would be subject outcome of report of Committee on implementation on Merit-cum-Seniority. As per this particular division, there was no final seniority list prepared based on merit, the seniority list as prepared on ROR 6 CGR, J W.P. Nos. 27137, 27298, 27476, 27587, 27826, 27862 and 31240/2024 basis was communicated by memo dated 03.08.2024, besides asking the candidates to submit undertakings. Some of the candidates have submitted objections and the same have been suitably replied confirming that the seniority list prepared was on the basis of rule of reservation and not on merit (c) and as the said seniority list was only a conditional seniority list, the candidates were asked to submit undertakings. Once the Committee makes recommendation to implement merit based seniority list, the seniority list would be revised accordingly. 4. Learned standing counsel has also placed on record latest instructions dated 18.03.2025 issued by the 4‘^ respondent, which reads as under: “Adverting to the Court cases filed in W.P.No. 27137 of 2024 by Sri Vithania Mohan Babu, ALM, W.P.No. 27298 of 2024 by Sri Mahammad Mujeebulla, W.P.No. 27476 of 2024 by Sri Jonnada Gangadhar, WP. No.27587 of 2024 by Sri Kotipalli Veera Venkata Satya Prasad, W.P.No. 27826 of 2024 by Sri Jagadam Simhadri, W.P.No.27862 of 2024 by Sri Mattaparthi Ramu and W.P. No.31240 of 2024 by Sri Tarapatia Sudharkar Redddy, it is to inform that, the present status regarding Merit Seniority in respect of Direct recruitees in APEPDCL is as follows: 7 CGR, J W.P. Nos. 27137, 27298, 27476, 27587, 27826, 27862 and 31240/2024 i) It is to inform that, as per APEPDCL Board resolution of the 145**^ Meeting of the Board of Directors of the Company, in the E.O.O.(HRD) Ms.No.137, Dt.05.08.2023, orders were issued to revise the seniority lists in respect of direct recruitees based on the Merit List in terms of Regulation 26 of APSEB Service Regulations Part. 11 as adopted by APEPDCL. ii) Later, in the T.O.O. (Addl.Secy-Per) Ms. No. 3238, Dt. 15.04.2024, APTRANSCO has constituted a Committee to study & submit a report to the Chairman/ APPCC regarding Merit Cum Seniority in AP Power utilities and at present the same is under examination. 2) In this regard, it is hereby requested to seek three months time regarding finalization of the issue. It is requested to appraise the same in the Hon'ble High Court at the time of hearing.” 5. (a) Learned counsel for petitioner submits that Regulation 26 of Regulations deals with seniority and in terms of the same, the seniority list has to be prepared based on merit, however, the respondents are time and again preparing seniority lists based on rule of reservation, which is contrary to aforesaid Regulation 26. Petitioner in terms of the integrated seniority list has been placed at S.No.121 as against his secured percentage of marks of 86.92, whereas the persons at S.Nos.85, 93, 101, 8 CGR, J W.P. Nos. 27137, 27298, 27476, 27587, 27826, 27862 and 31240/2024 106, 111 and 119 who have less merit have been placed above the petitioner, which clearly indicates that respondents have prepared the seniority list not based on merit. For better appreciation, he referred to the table at Para 5 of the writ affidavit which is reproduced as under: Seniority SI. No. S.No. Name of the candidate Percentage 1 Yedia Venkateswara Rao 85 76.31 2 Sadanala Sudhakar 93 85.38 3 Chilakapati Sandeep 101 85.23 Ganesh Swamy Chandra Balaji Yelumarthy 4 106 85.08 Chikkala Chinna Ramakrishna 5 111 85.08 6 Krishna Rao Jonnada 119 84.92 Writ Petitioner No.1 7 121 86.92 (b) He further contended that the very preparation of merit list based on rule of reservation being contrary to APSEB Regulations, question of respondents insisting the petitioner to submit undertaking in terms of memo dated 03.08.2024 does not arise and the entire procedure adopted by respondents is arbitrary and illegal without any statutory backing. 6. The short question which falls for consideration is whether the respondents are justified in preparing integrated seniority list based on rule of reservation in the teeth of Regulation 26 of APSEB Regulations. 9 CGR, J W.P. Nos. 27137, 27298, 27476, 27587, 27826, 27862 and 31240/2024 For better appreciation of the case, Regulation 26 of APSEB Regulations reproduced here as under: 7. 26. Seniority:- (a) The seniority of a person in a class of service, category or grade shall, unless he has been reduced to a lower rank as a punishment, be determined by the rank obtained by him in the list of approved candidates drawn up by the Board or other appointing authority as the case may be. Provided that where no ranking has been fixed in respect of any person in a service, class, category or grade, the seniority of such candidate shall be determined by the date of his first appointment to such service, class, category or grade. If any portion of the service of such person does not count towards probation under regulations 14(c), (e), 19 and 38(b), his seniority shall be determined by the date of commencement of his service, which counts towards probation. The transfer of a person from one category or grade in a class of service to another category or grade in the same class of service carrying the same pay or scale of pay shall not be treated as first appointment to the latter for purposes of seniority; and the seniority of a person so transferred shall be determined with reference to the rank in the category or grade from which he was transferred. Where any difficulty or doubt arises in applying this sub- (b) 10 CGR,J W.P. Nos. 27137, 27298, 27476, 27587, 27826, 27862 and 31240/2024 regulation, seniority shall be determined by the appointing authority. Where a member of a class of service, category or grade is reduced to a lower class of service, category or grade, he shall be placed at the top of the latter unless the authority ordering such reduction directs that he shall take rank in such lower classes of service, category or grade, next below any specified member thereof.” (c) The above clause clearly manifests that the seniority of 8. persons in a class of service shall be determined based on their rank. Even the respondents do not dispute the same in the counter and in the instructions. The instructions clearly state that the 1®* respondent - Corporation Board passed resolution in its 145^^ meeting of Board of Directors on 05.08.2023 resolving to revise the seniority list in respect of direct recruits based on merit list in terms of Regulation 26 of ASPSEB Regulations. Further a Committee was also constituted to study and submit report on implementation of Merit-cum-Seniority in all DISCOMS, which is pending and likely to be concluded soon. When such is the case on one hand, the respondents have decided to implement seniority list based on merit as on 15.04.2024, there was absolutely no necessity in preparing seniority list based on rule of 11 CGR, J W.P. Nos. 27137, 27298, 27476, 27587, 27826, 27862 and 31240/2024 reservation, which is clearly in contravention of Regulation 26 in the interregnum to effect promotions. When the very preparation of such merit list based on rule of reservation being contrary to Regulation 26, rather than correcting the course of action, respondents cannot continue to perpetuate the illegality and insist the prospective promotees to furnish undertakings, respondents are not in dispute of application of Regulation 26 and that they are in the process of revising the seniority list based merit, which is awaiting outcome of committee’s report and likely to take sometime, this Court proposes to dispose of these matters with the following directions; As the on \ % The respondents henceforth shall not proceed with further promotions in pursuance to integrated seniority list (prepared based on rule of reservation) of Junior Lineman as communicated (i) vide Memo No. EE/0/AMP/ADM/JA0/SA-1/D. No. 1406/2024, dated 03.08.2024, issued by the 6*^ respondent. The respondents are directed to revise the seniority list following Regulation 26 of APSEB Regulations once the Committee constituted in terms of TOO (Addl. Secy-Per) Ms. (ii) 12 CGRJ W.P. Nos. 27137, 27298, 27476, 27587, 27826, 27862 and 31240/2024 No,3238, dated 15.04.2024, submits final promotions accordingly. report and effect 9. With the above directions, these writ petitions of. No costs. are disposed As a sequel miscellaneous petitions consideration, if any, in this case shall stand closed. pending f ce.o' ^R'NIVASA raju assistant RB SECTION OFFICER //true copy// STRAR To, 2- The Chairman and Mananinn n- ’ 'district. P Pradesh®&'(Ap|pScnT T Colony Visakhapatnam -530013 Seethammadh Se:,h^r;dh"am" "alid rc^onTSapa?^^^ 4. TheChiWr- "T visakhapatnam-530013. Office, Seeth^mmidhTra^^and ?crnrvisST'' 6. The Execotive Enoineer o ^onaseema District-533201. ' 8- One CC to Sri V.V.Satish, SC for APEPOCL 9- CCS to GP for Services Two CD Copies ara. fOPUCJ fOPUCJ '^'9^ Court of Andhra Pradesh. [OUT] 10. ram 16 HIGH COURT DATED:18/03/2025 COMMON ORDER WP.Nos. 27137, 27298, 27476, 27587, 27826, 27862 and 31240 of 2024 Section DISPOSING ALL THE WPs WITHOUT COSTS