APHC010517192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 31428/2025 Between: 1. MR. C. SANKAR REDDY, S/O. LATE C. MASI REDDY, AGED ABOUT 85 YEARS, H.NO. 8-3-167/K/56/F-500, PENT HOUSE, 6TH FLOOR, JAYAPRIYA APARTMENTS, KALYAN NAGAR, VENTURE - 3, HYDERABAD - 500018, TELANGANA STATE ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE CHIEF ENGINEER / SECRETARY, L ANDCAD DEPARTMENT, VIJAYAWADA, KRISHNA DISTRICT 3. THE ACCOUNTANT GENERAL AANDE, OFFICE OF THE AG, VIJAYAWADA ANDHRA PRADESH 4. THE DIRECTOR OF TREASURIES AND ACCOUNTS, GOVERNMENT OF ANDHRA PRADESH VIJAYAWADA KRISHNA DISTRIC ...RESPONDENT(S): 2 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 topleased to Issue a rit, order, or direction more particularly in the nature of Mandamus, declaring the action of the respondents in not giving notional promotion to the petitioner as Executive Engineer w.e.f. March 1991, and notional promotion as Superintending Engineer w.e.f. November 1997 is illegal, arbitrary, contrary to law and violation of Principles of Natural Justice and consequently direct the Respondents to give notional promotion to the petitioner as Executive Engineer w.e.f. March, 1991 and notional promotion as Superintendent Engineer w.e.f. November, 1997 by implementing the judgment of the Hon'ble Supreme Court dated 04.04.2000 in S.L.P. No. 5615 of 1999 and pass IA 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 Pleased to direct the respondents to give notional promotion to the petitioner as Executive Engineer w.e.f. March, 1991 and notional promotion as Superintendent Engineer w.e.f. November 1997, by paying all consequential benefits also to pay the compensation of Rs. 20,00,000/- pending disposal of the Writ petition and pass Counsel for the Petitioner: 1. SAMBASIVA RAO GALLA Counsel for the Respondent(S): 1. GP FOR SERVICES II 2. GP FOR FINANCE PLANNING The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.31428 of 2025 O R DE R: The present writ petition is filed questioning the action of the Respondents in not giving notional promotion to the Petitioner as Executive Engineer with effect from March, 1991 and notional promotion as Superintendent Engineer with effect from November, 1997 as illegal and arbitrary. 2. This Petitioner had retired from service on 30.06.1998. The grievance of the Petitioner is that the juniors of the Petitioner are promoted ahead of him in the year 1997. The only reason given for the delay of 27 years in filing the writ petition is that the issue is continuing cause of action and therefore the writ petition is maintainable. 3. This Court is not convinced with the explanation given by the Petitioner and the delay of 27 years is continuing cause of action. The claims of promotion are never a continuing cause of action. 4 4. Therefore, this Court is not inclined to entertain the writ petition and the writ petition is accordingly dismissed. No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 13.11.2025 KLP