1 APHC010032932020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 1918/2020 Between: P.Bala Sundara Babu, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SANTHAPUR SATYANARAYANA RAO Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS (AP) The Court made the following: ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…..(a) declaring that the entire action of the respondents, in not considering the genuine claim of the petitioners for promotion to the post of Executive Engineer, despite of availability of more than 40 vacancies since long time, despite of drawing final seniority list in the cadre of Dy. Executive Engineers as on October 2018, even though the petitioners herein fully 2 eligible qualified and within the zone of consideration is as highly illegal, arbitrary, unjust, improper, contrary to Rule 6 of AP State and Subordinate Service Rules, (b) and consequently to direct the respondents to consider the cases of the petitioners for promotion to the post of Executive Engineers, in the existing vacancies either on regular basis or on adhoc basis if necessary duly finalizing the proposals already submitted to the Govt. by the 2nd respondent for purpose of preparing year wise panels and to pass such other order or orders…..” 2. Facts of the case, in brief, are that the petitioners herein were promoted as Dy. Executive Engineers, for the panel year 2007-2008 and are fully eligible, qualified and within the zone of consideration for promotion to the post of Executive Engineers. The petitioners filed O.A.Nos.2181 of 2012 and 2249 of 2012 before the erstwhile A.P. Administrative Tribunal, seeking to set aside the memo dated 06.02.2012 both zone wise and integrated insofar as inclusion of persons who died / retired / not promoted as Dy. Executive Engineers till today in the respective panels and also sought for a relief to move applicants / petitioners herein upward in their respective slots pertaining to Asst. Engineers in the panel of Dy. Executive Engineers. The Tribunal was pleased to allow said O.As. by its order dated 19.01.2016. Consequently, due to non-implementation of the said orders, the applicants in O.A.No.2181 of 2012 filed Contempt application No.399/2016 and the same is still pending before the erstwhile APAT. It is further stated that though the petitioners filed several representations seeking proper implementation of the above orders of the 3 Tribunal with regard to inclusion of certain names in the seniority list and further promotions. Despite the orders of the Tribunal and despite the repeated representation from the petitioners, the respondents not rectified the above seniority list for getting further promotions. Due to which, most of the senior most employees are retiring without any promotions. Hence the present writ petition is filed. 3. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Roads and Buildings, appearing for the respondents 1 and 2. 4. On hearing, learned counsel for the petitioners reiterated the contentions which are urged in the writ petition. 5. On the other hand, learned Assistant Government Pleader for Roads and Buildings, has not filed any counter. Hence, the right to file counter by the respondents is forfeited under Rule 12(i) of Writ Proceedings Rules, 1977. 6. Having regard to the submissions made by learned counsel for the petitioners and learned Assistant Government Pleader for Roads and Buildings, this Court deems it appropriate to dispose of the writ petition directing the respondents to consider the case of the petitioners for promotion to the post of Executive Engineer as and when the regular promotions are considering. 4 7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. 8. As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ DR. K. MANMADHA RAO, J. Date: 29.01.2025 ARR 5 HON’BLE DR.JUSTICE K.MANMADHA RAO Writ Petition No.1918 of 2020 Date: 29.01.2025 ARR