COURT OF ANDHRA PRADESH :: AMARAVATl (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE . IN THE HIGH PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PFTITIQN NO: 7602 OF 2019 THE Between: B.Sridhar, S/o Rangamnaidu, Aged about 46 years, Foreman IV, upper selair, . Visakhapatnam now working at Dr.N.T.T.P.S. Vijayawada, Krishna District ...Petitioner AND The Power Generation Corporation Ltd.,. Rep. by its Chairman and Managing Director, Vidyut Soudha, Vijayawada. General Manager (Adm. IS and ERP) A.P. Power Generation 1. 2. The Chief Corporation Ltd., Vidyut Soudha, Vijayawada. ...Respondents 226 of the Constitution of India praying that in Petition under Article the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the the claim of the petitioner for promotion to the strength of the qualified respondents in not considering the post of Sub Engineer/Junior Engineer on the other similarly situated persons whose select list while considering are included in the justification as being arbitrary, illegal, unjust and qualified select list without any valid and legal in violation of Articles 14 names and 16 of the Constitution of India and further be pleased to direct the respondents to consider the claim of the petitioner for appointment by transfer as Sub Engineer on the strength of qualified select list strictly adhering the qualifications prescribed in terms of Memo No. CGM(Adm) IS and ERP) IS(Adm)/AS(Adm)/PO-A/57/2016 dated 29-6-2016 issued by the 2nd respondent read with G.O.O. No. 400/JS(per)/2014 dated 26-11-2014. r lA NO: 1 OF 2019 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 reconsider the- claim of the petitioner for promotion to the post of Sub Engineer/Junior Engineer by the method of appointment by transfer on the strength of qualified select list notified strictly adhering the qualification prescribed in terms of Memo No. CGM(Adm) IS &ERP) IS(Adm)/AS(Adm)/P0- A/57/2016 dated 29-6-2016 issued by the 2nd respondent read with G.O.O. No. 400/JS(per)/20 14 dated 26-11-2014. 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 Respondent No. 2 not discriminate me from other similar cases decided earlier in affecting promotion to Junior Engineer (Sub Engineer) and to affect my promotion from 30-05-2019 by modifying the promotion orders passed on 19-12- 2022, vide Memo No. CGM (ADM,IS&ERP) /GM(HR-ADM) /EE(ADM) /DY.EE(A-ll)/D.No. 557/22, with retrospective pecuniary benefits and reckon the seniority from the back date of 30-05-2019. Counsel for the Petitioner: SRI. D LINGA RAO r Counsel for the Respondents: NAGARAJU NAGURU, STANDING COUNSEL FOR APGENCO The Court made the following order: APHC010176502019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 7602/2019 [3396] Between: 1.B.SRIDHAR, S/0 RANGAMNAIDU, AGED ABOUT 46 YEARS, FOREMAN IV, UPPER SELAIR, VISAKHAPATNAM NOW WORKING AT DR.N.T.T.P.S. VIJAYAWADA, KRISHNA DISTRICT ...PETITIONER AND 1.THE POWER GENERATION CORPORATION LTD, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, VIDYUT SOUDHA, VIJAYAWADA. 2.THE CHIEF GENERAL MANAGER ADM IS AND ERP A P POWER GENERATION CORPORATION LTD, VIDYUT SOUDHA, VIJAYAWADA. ...RESPONDENT(S): Counsel for the Petitioner; 1.D LINGA RAO Counsel for the Respondent(S); 1.NAGARAJU NAGURU, STANDING COUNSEL FOR APGENCO The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a writ of Mandamus, declaring the action of the Respondents in not considering the claim of the Petitioner for promotion to the post of Sub Engineer/Junior Engineer on the strength of the qualified select list while considering the other similarly situated persons whose names are included in the qualified select list without any valid and legal justification as being arbitrary, illegal, unjust and in violation of Articles 14 and 16 of the Constitution of India and further be pleased to direct the respondents to consider the claim of the petitioner for appointment by transfer as Sub^ngineer on the strength of qualified & 2 select list strictly adhering the qualifications prescribed in terms of Memo No. CGM(Adm) IS and ERR) IS(Adm)/AS(Adm)/PO-A/57/2016 dated 29-6-2016 issued by the 2"^ Respondent read with G.0.0. No. 400/JS(per)/2014 dated 26-11-2014.” Heard Sri D.Linga Rao, learned counsel for the Petitioner and Sri Nagaraju Naguru, learned Standing Counsel for Respondents. Learned counsel for the Petitioner would submit that the Petitioner has been working as Foreman Grade-lV in the Operations and Maintenance unit under the administrative control of Respondents. Learned counsel would further submit that the Petitioner possessed Diploma in Mechanical Engineering. It is submitted that in view of the Orders in G.O.O.No.8, dated 11.01.2018, issued by Respondent-Corporation, having regard to the eligibility and qualification of the Petitioner, he along with others were issued hall tickets for the written examination to the post of Sub Engineer by transfer. However, the written examination was postponed. Learned counsel would submit that, challenging the postponement of examination, the Petitioner herein along with others filed another writ petition. In view of the interim direction therein, the written examination was conducted and qualified select list was published denying the promotion to the Petitioner without any valid reason. Learned Standing Counsel for Respondent would submit that, the Petitioner falls in Zone-l as such, his request for promotion in Zone-ll cannot be considered. It is further submitted that, there is no vacancy in Zone-l for the said post. Learned Standing Counsel would submit that the Petitioner falls in Zone-l and he seeks his promotion in Zone-ll, which is not permissible. 2. 3. 4. i- 3 /■ Learned Standing Counsel finally submits that, viewed from any angle, there are no circumstances warranting interference of this Court. 5. Considering the submissions made and a fair look at the material placed on record, admittedly, the Petitioner has been working as Junior Engineer in Respondent-Corporation. There is no dispute about the possession of requisite qualification by the Petitioner for being promoted as Sub Engineer as he possessed the qualification of Diploma in Mechanical Engineering and the Petitioner belongs to Zone-1. 6. Admittedly, the Petitioner along with others was issued hall ticket to attend the examination for the post of Sub-Engineer. That being so, certain individuals, who do not possess the requisite diploma qualification filed W.P.Nos. 11991/2018 and 38028/2018, wherein, an interim direction was given to permit the Petitioners therein to appear for the written examination with a rider that the result shall be kept in a sealed cover. As the said Petitioners possess qualification of Diploma from the Institute of Mechanical Engineer India, Mumbai, which is totally prohibited, the written test was postponed. Assailing the postponement of examination, the Petitioner herein along with other eligible candidates filed W.P.No.28979 of 2019 before the Composite High Court of Andhra Pradesh, wherein, an interim direction dated 26.09.2018 directing the Respondents to conduct the written test. Accordingly, the Respondents have conducted the written test for the said It is the contention of the Petitioner that, though he found qualified in post. 4 the written examination, he could not get the appointment as Sub Engineer on par with one D.Nageswara Rao and others. Admittedly, the Petitioner belongs to Mechanical Engineering 7. Department and said Nageswara Rao, belongs to Electrical Engineering The contention of the Petitioner that his case has to be Department, considered on par with said Negeswara Rao, cannot be considered, since the belongs to Zone-1 and said Nageswara Rao belongs to Zone-ll and on deputation working in Zone-1 that too as there is no vacancy in Zone-1 for Mechanical stream, as submitted by the learned Standing Counsel, said Nageswara Rao, who belongs to Zone-ll was deputed to Zone-1. It is not of the Petitioner that the post of said Nageswara Rao was allotted in As rightly, put by the learned Standing Counsel, since the promotion for Sub-Engineer is zonal wise promotion and that the Petitioner, who falls in Zone-1 is seeking his promotion in Zone-ll and also as there is no vacancy for the said post in Zone-1, the case of the Petitioner cannot be considered. There is no merit in the contentions raised by the Petitioner. Accordingly, the petition deserves dismissal. In the result, the Writ Petition is dismissed. There shall be no order as Petitioner Further, the case Zone-1. 8. to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand SD/- A. VENUGOPALA RAO assistant REGISTR^ closed. //true copy// t5FFlCER SE To, 1. One CC to Sri. D Linga Rao Advocate [OPUC] r'' f 2. One CC to Sri. Nagaraju Naguru, Standing Counsel For APGENCO [OPUC] V 3. Three CD Copies GSC HIGH COURT DATED:05/03/2025 ^ 12JUN2D25 J ORDER WP.No.7602 of 2019 DISMISSING THE WP WITHOUT COSTS