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2025 DAILYLAW 44298 (AP)

M.SRINIVAS AND 4 OTHERS v. THE AP. S.P.D.C.L.REP BY ITS CHAIRMAN AND 12 OTHERS

WP/10182/2016 · 2025-04-24

Maheswara Rao Kuncheam

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE / PRESENT , THE HONOURABLE SRIJUSTICEIVIAHESWARA RAO KUNCHEAM ^ WRIT PETITION NO: 10182 OF 2016 Between: 1. M.Srinivas, S/o M. Ramulu, age 47 years, Assistant Engineer, Operation, A.P.S.P.D.C.L., Bhavanipuram, Vijayawada, Krishna District. 2. Bukke Lakshma Naik, S/o Peere Naik, age 44 years. Assistant Engineer, Operation, A.P.S;P:D.G;L., Kaikalur Rural, Gudiwada Divisioh, Krishna District. 3. P. Sridhar, S/o Seshagiri Rao, age 46 years. Assistant Engineer, Operation, A.P.S.P.D.C.L., Vijayawada, Krishna District. 4. R. Sambasiva Rao, S/o Sivafah,- age 41 years. Assistant Engineer, Operation, Payakapuram, Vijayawada, Krishna District. 5. V. Srinivasulu, S/o Sankaranna, age 47 years. Assistant Engineer, Operation, A.P.S.P.D.C.L., Kodur, Kadapa District. ...Petitioner(S) AND 1. THE AP Southern Power Distribution Company, Limited, (APSPDCL)Tirupati, Chittoor District, rep. By its Chairman & Managing Director. 2. The A.P. Southern Power Distribution Company, Limited, (APSPDCL), Tirupati, Chittoor District, rep: By its Chief General Manager, (HRD). 3. The A.P. Transmission Corporation Limited, (APTRANSCO) Vidyut Soudha, Hyderabad, rep. By its Chairman & Managing Director. 4. A. Venkata Siva Bhaskar, AsstrDivisional, Engineer, Operation, L.R. Palli, APSPDCL., Kadapa. 'Xi-3 5. M. Naga Muniswamy, Asst. Divisional, Engineer,TRE, APSPDCL., ‘ Kadapa. •« 6. X- Easwar Prasad, Asst. Divisional Engineer, Operation, Paipalle, ^APSPDCL., Tirupati Circle, Chiftoor District. 7. V. Raghu, Asst. Divisional Engineef, Operation, Pulivendula, APSPDCL., Kadapa District. 8. K. Jaya Prakash, Asst. Divisional Engineer, Projects, Corporate Office, APSPDCL., Tirupati, Chittoor District. 9. K. Madhusudhan Reddy, Asst. Divisional, Engineer, H.T. Meters, APSPDCL., Tirupati Circle, Chittoor. B. Guru Diwakar Reddy,^ A’^t. Divisional, Engineer, Operation, Rayachoti, APSPDCL., Kadapa District. S. Sirajuddin, Asst. Divisional Engineer, Assessment, Corporate Office, APSPDCL., Tirupati, Ghmdbr District. V. Gnaneswar, Asst. Divisional Engineer, Operation, Madanapalli APSPDCL., Chittoor District. P. Chakra Pani, Asst.-Divisional Engineer, Operation, Yerragundlapalem, APSPDCL, Kadapa District, o 10. 11. 12. 13. ...RESPONDENTS under Article 226 ’of the Constitution of India is filed praying that in the circumstances stdtdd in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing the’ Impugned, proceedings Memo No .CGM/HRD/J S(HR.)/DGM-I/P 0-1/D No.302/2-15 dt.24-09-2015 issued by the 1st respondent and further action of the respondents in not considering the cases of the petitioners for promotion/incharge promotins/arrangeents to the post of Assistant Divisional Engineers basing on the orders of the Hon'ble Division Bench in W.A.No.1104 of 20011 and the orders of the respondent organization in TOO -No;19 dt.26-11-2013, as highly illegal, arbitrary and set aside the same in so far as it relates to the un-official Petition respondents are concerned and consequently direct the respondents to promote the petitioners as Assistant Divisional Engineers in the vacancies going to be arisen by the end of March, 2016 or subsequent vacancies and place them in the seniority list above the Assistant Divisional Engineers! who promoted by considering the cbhtfabt service in the cadre of Assistant Engineers. l.A. NO: 2 OF 2016fWPMP. NO: 12838 OF 2016) Petition under Section 151 of CPC is filed 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 the cases of the petitioners for promotion to the pbst of Assistant Divisional Engineers in the vacancies going to be arisen by the end of March, 2016 or subsequent vacancies strictly in accordance With the judgment of the Division Bench passed in W.A.No.1101 of 2011 & bdtch dt.17-09.2013. i Counsel for the Petltioner(s):SRI. i Counsel for the Petltioner(s):SRI. N M KRISHNAIAH Counsel for the Respondertts;t^GARLAMUDIKOTESWARIDEVI(SC FORAPSPDCL) & S RAVINDRANATN The Court made the following: 1 APHC010043272016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY ,THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 10182/201 fi Between: M.Srinivas And 4 Others ...PETITIONER(S) AND The A.P.S.P.D.C.L., Rep By Its Chairman And 12 Others Counsel for the Petitioner(S): 1.N M KRISHNAIAH Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2.S RAVINDRANATH 3.ANUP KOUSHIK KARAVADI(SC FOR APTRANSCO) 4.JAGARLAMUDIKOTESWARIDEVI(SC FORAPSPDCL) The Court made the following: ...RESPONDENT{S) 2 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.10182 OF 2016 ORDER: This instant writ petition is filed by the petitioner seeking the following main prayer;- "to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing the impugned proceedings Memo No.CGM/HRD/JS(HR) /DGM-I / PO-1/D.NO.302/2-15 dt.24.09.2015 issued by the 1st respondent and further action of the respondents in not considering the cases of the petitioners for promotion / incharge promotions /arrangements to the post of Assistant Divisional Engineers basing on the orders of the Hon’ble Division Bench in W.A.No.1104 of 20011 and the orders of the respondent organization in TOO No 19, dt:26.1l.2013 as highly illegal, arbitrary and set aside the same in so far as it relates to the unofficial respondents are concerned and consequently direct the respondents to promote the petitioners as Assistant Divisional Engineers in the vacancies going to be arisen by the end of March 2016 or subsequent vacancies and place them in the seniority list above the Assistant Divisional Engineers who promoted by considering the contract service in the cadre of Assistant Engineers and pass such other relief or reliefs ” 3 0 2. The sum and substance of the being not considered the the posts of Assistant Divisional instituted. present writ petition is that cases of the petitioners for promotion to Engineers, the writ petition is 3. Whereas, learned Standing Counsel for Venkata Rama Rao Kota respondents 1 to 3 Sri represented that the petitioners herein promoted as Assistant Divisional Engineers are vide orders in T.O.O.No.19 dated 08.02.2017 long back. 4. As there is no representation for the occasions, considering the submissions petitioners for the last two made by the learned standing Counsel, this Court is inciined to ciose the writ petition by leaving it open to the petitioners to avail the remedies if any, if they are so advised. 5. Accordingly, the writ petition is closed. There shall be as to costs. no order Pending miscellaneous applications, if any, shall stand closed. Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// §- To, SECTION OFFICER 1. One CC to SRI. N M KRISHNAIAH 2. One CC to SRI. Advocate [OPUC] JAGARLAMUDIKOTESWARIDEVI(SC FORAPSPDCL) Advocate [OPUC] 3. One CC to SRI. S RAVINDRANATH 4. Two CD Copies Advocate [OPUC] ksr . HIGH COURT DATED:25/04/2025 ORDER i WP.No.10182of 2016 DISMISSING THE WRIT PETITION WITHOUT COSTS