,>4H IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30495 OF 2012 Between: K. Rambabu S/o Ankinedu, Aged about 49 years, working as Executive Engineer, A.P. Health & Medical Housing & infrastructure Development Corporation, Eluru, West Godavari District. ...PETITIONER AND 1. The Government of A.P., Rep. by its Secretary Health, Medical & Family Welfare Department, Secretariat, A.P. Hyderabad. 2. The A.P. Health & Medical Housing and. Infrastructure Development Corporation Rep. by its Managing Director DM & HS Compound, Sultan ■ 1 W:' ■ Bazar, Koti, Hyderabad. 3. The Managing Director, A.P. Health &, Medical Housing and infrastructure Development Corporation, DM & HS Compound, Sultan Bazar, Koti, Hyderabad. 95. 4. K.Srinivas Rao S/o not known. Working as Dy. Executive Engineer A.P. Health & Medical Housing infrastructure Development Corporation BM & H Compound, Sultan Bazar, Koti, Hyderabad. 5. V. Chitti Babu S/o Not known, working as Dy. Executive Engineers, A.P. Health & Medical Housing Infrastructure Development Corporation, Kakinada, East Godvari District. 6. C. Laxma Reddy, S/o. Not known. Working as Dy. Executive Engineer A.P. Health & Medical Housing Infrastructure Development Corporation, Sultan Bazar, Koti, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one ^ature of WRIT OF MANDAMUS declaring that the name of the pe|iti(|heh is entitled to be placed at SI.No. 1 in the final seniority list of Assistant Executive Engineers and Dy. Executive Engineers working in the 2"^^ Respondent Corporation communicated vide Memo No. SB/B1/F.04/07- 08/5859 dated 27-12-2007 by taking 23-4-1988 as his actual date of first appointment and that the petitioner is entitled to he promoted Superintending Engineer with all consequential benefits by setting aside the impugned rejection order issued vide Memo No. SB-B1/F.64/07-08/5858 dated 27-12-2007 and Memo No. SB/BI-F.64/07-08/5859 dated 27-12-2007 of the 3 respondent in so far as placing the names of respondents 4 to 6 above that of the petitioner and thereby depriving promotion to the post of Superintending Engineer as being arbitrary, illegal, unjust erroneous and in violation of Articles 14 and 16 of the Constitution of India. j.A. NO: 1 OF 2012fWPMP. j.A. NO: 1 OF 2012fWPMP. NO: 38899 OF 2012) Petition under Section 151 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 1 to 3 to consider the of the petitioner for promotion to the post of Superintending Engineer duly taking into consideration 23-4-1988 i.e. petitioner's actual date of First Appointment by suspending the operation of Memo No. SB131/F.64/07-08 /5858 dated 27-122007 and Merfid No. SB/BI-F.64/07- 08/5859 dated 27- 12-2007 of the 3^^ respondent in so far as placing the names of respondents 4 to 6 above that of the petitioner Pending disposal of the main writ petition and deem lit and proper in the circumstances of the Counsel for the Petitioner :SRI. D LINGA RAO Counsel for the Respondent No’s. 1 to 3: GP FOR MED HEALTH AND FAMILY WELFARE Counsel for the Respondent No’s. 4 to 6: SRI M Y K RAYUDU The Court made the following ORDER: .. ■ tJhe ■■ as case case. APHC010707622012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30495/2012 Between: K. Rambabu S/o Ankinedu ...PETITIONER AND ...RESPONDENT(S) The Government Of A P and Others Counsel for the Petitioner: 1.D LINGARAO Counsel for the Respondent(S): 1.M YKRAYUDU 2.GP FOR MED HEALTH AND FAMILY WELFARE The Court made the following order: 1. The petitioner is challenging the denial of his promotion to the post of Superintendent Engineer and is seeking direction for his promotion and consequential benefits. 2. The learned counsel for the petitioner submits that the petitioner was placed below respondents 4 to 6 in the seniority list and denied promotion to the cadre of Superintendent Engineer. The learned counsel further submits that the petitioner joined the respondent corporation on a daily wage basis on 23.04.1988 in Nellore under the -2- W.P. No.30495 of 2012 control of the Executive Engineer. The service of the petitioner was regularized in pursuance of G.O. Ms. No.212 dated 22.04.1994, and the petitioner was appointed Assistant Executive Engineer on 12.01.1995. It is submitted by the learned counsel for the petitioner that the date of joining of the petitioner was shown as 01.09.1988 instead of 23.04.1988 and that the order of regularization recorded the date as 01.09.1988 as the date of entry into service instead of 23.04.1988. It is submitted that respondents 4 to 6 joined the service of the respondent corporation much later than the petitioner, and if the date of entry into service is considered as 23.04.1988, the petitioner would be entitled to promotion as Executive Engineer as he would be placed in the seniority above respondents 4 to 6. In this regard, the petitioner made several representations to the respondents to rectify the in the appointment order. 3. The respondents in the counter submitted that the petitioner, in his letter dated 22.08.1988, stated that he passed B.E. in the month of January 1986 and worked under the contractor for two years and eight months. As such, his date of entry into the respondent corporation on a casual basis is considered as 01.09.1988. petitioner filed W.P. No. 16772 of 2007 seeking a direction to as error It is further submitted that the -3- W.P. No.30495 of 2012 finalise the seniority list of the Assistant Executive Engineers and the Deputy Executive Engineers, and his claim was rejected, observing that there is no proof of his appointment by the competent authority of the Corporation any time prior to 01.09.1988, as claimed by him and hence, his case for placing him at SI.No. 1 instead of SI.No. 4 in the final seniofity list was rejected. The said writ petition was disposed off oh 03.09.2012 with the said observation. 4. Considering the submission that the petitioner and the respondents 3 to 5 have attained the age of superannuation and also considering the submission that the petitioner was initially engaged on a daily wage basis and his services were regularized only on 12.01.1995, the claim of the petitioner seeking to consider his date of entry into the respondent corporation as 23.04.1988 and to direct the grant of the promotion to the post of Superintendent and to extend the consequential benefits by this Court cannot be considered at this stage in view of the law laid down by the Hon’ble Supreme Court in State of West Bengal and others v. Dr. Amal Satpathi and othersV 5. Following the law laid down by the Apex Court in its recent judgment dated 27.11.2024 rendered in the matter of the 2024 I NSC 906 -4- W.P. No.30495 of 2012 State of West Bengal and others referred to supra, the grievance of the petitioner for considering him for promotion and seniority after attaining the age of superannuation cannot be considered by this Court. 6. Accordingly, the writ petition is dismissed without costs. 7. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. 3d/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to SRI. D LINGA RAO, Advocate [OPUC] 2. Two CCS to GP FOR MED HEALTH AND FAMILY WELFARE. High Court Of Andhra Pradesh. [OUT] 3. One CC to SRI. M Y K RAYUDU, Advocate [OPUC] 4. Three CD Copies PRK HIGH COURT V; DATED:24/02/2025 ORDER H JUL 2025 IS; WP.No.30495 of 2012 O ^«sa!!rentS«to^' DISMISSING THE W.P, WITHOUT COSTS