IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF FEBRUARYi^ TWO THOUSAND AND TWENTY FIVE \t£ 0. PRESENT THE HONOURABLE SRI JUSTICE SUBBA WRIT PETITION NO- 3391 qf onon REDDY SATTI Between: Sk Khaja Ramthulla, S/o. Khader Basha as Senior Assistant, S.P Division Avenue, Near RTC Zonai Office, District, A. P-524 317. aged about 53 years, Occ.Working Indralok Nellore - VI, Nellore, R/o. Flat No.201, Kovur, Padugupadu, Nellore, SPSR ...PETITIONER AND 1. The state Of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources (R AND R, Departnrent, A.P. Secretariat, Veiagapudi Amaravathi, Guntur District. 2. The Chief Engineer, N.T.R District, A.P-517501. 522001 Telugu Ganga Project, Tirupathi. Chitoor 3. Jhe superintending Engineer, Sontasiia Project Circle, Neiiore A.P - 4. The Engineer-in-Chief, Administration Department, Vijayawada, Krishna District Wing, Water Resource A.P ...respondents (Ml in ,«: "• “ "" »”»» Court may be pleased to i- writ or direction to declare the ; the High any other appropriate issue a writ of mandamus or action of the 3'"^ respondent in not giving even though the petitioner is fully y, Superintendent (FAC) inspite of clear vacancy as illegal, arbitrary and conseguantiy direct the 3 promotion to the post of Superintendent qualified and eligible and respondent to consider the Superintendent vacancy. lA NO: 1 OF 2Q7fi case of the petitioner for on regular basis w.e.f 1.6.2024 from promotion to the post of the date of arising the j:v Petition under Section ' circumstances stated i CPC is filed praying that in the SI in the affidavit filed i Court may be pleased to direct the 3 the petitioner for in support of the petition, the High respondent to consider the promotion to the post of Superintendent rd case of on regular basis, pending disposal of the WP. Counsel for the Petitioner ;SRI. K BHEEMA RAO Counsei for the Respondent No's. 1 to 4: SRI SARATH. AGP FOR SERVICES II The Court made the following ORDER: APHC010036442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY ,THE TWELTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3391/2025 Between: Sk. Khaja Ramthulla ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.K. BHEEMA RAO Counsel for the Respondent(S): 1.GOVERNMENT PLEADER FOR SERVICE - II The Court made the following: :: ORDER :: The above writ petition is filed to declare respondent No. 3's action of not promoting the petitioner to the post of Superintendent, though the petitioner is eligible, qualified, and working as Superintendent FAC, illegal and arbitrary. Heard, Sri K. Bheema Rao, learned counsel for the petitioner and Sri Sarath, learned Assistant Government Pleader for Services-ll, for the respondents. 2. A 3. The petitioner was appointed as Junior Assistant on 11.08.1993 and thereafter, promoted to the post of Senior Assistant on 03.12.2008. After the retirement of one Kumari H.V. Laxmi on 31.05.2024. the petitioner was posted as Office Superintendent on full additional charge i a regular vacancy. Respondent No.3 prepared a final seniority iist of Senior Assistants i Somasila Project Circle, Nellore in in as of 31.10.2023 vide Ex.P3. The petitioner was shown at serial No.3. The person shown at serial No.1 was already person shown at serial No.2 promoted to the post of Superintendent and the retired from service. 4. The petitioner made a representation dated 21.05.2024 No.4, requesting to consider his to respondent case for promotion to the post of Superintendent. The said representation was forwarded to respondent No.3 vide letter No.EE/SP.Dn.6/NLR/AB/EC.I/39 dated 23.05.2024 (Ex.P6) and respondent No.3, in turn, issued proceedings No.SE/SPC/NLR/EC-ll/E-5A file/256M dated 20.06.2024 (Ex.P7), appointing the petitioner Superintendent FAC, S.P. Division No.l, Somasiia in clear vacancy. The petitioner assumed the charge on 22.06.2024. Thereafter, the petitioner submitted another representation dated 02.12.2024 to as respondent No.4, who issued a memo (Ex.P8) requesting respondent No.3 to report compliance after examining the petitioner’s representation and to take the rules in force. Despite the said proceedings, the authorities have necessary action as per not taken any decision so far. Hence, the writ petition. 5. Learned Assistant Government Pleader, on instructions, would submit that the petitioner at serial No.3 in the seniority list and an approved probationer, in the present cadre is eligible to be considered for the available vacancy of Superintendent post. However, because interim order in W.P.No.6635/2024, the petitioner’s case was not considered for promotion. promotion in of, the 6. Incidentally. W.P.No.6635 of 2024 is also listed today before this Court. This Court verified the cause in W.P.No.6635 of 2024. The petitioners are in the cadre of Junior Assistants. The challenge in the said writ petition is to finalise the seniority list in the cadre of Junior Assistants and Typists of Somasila Project Circle, Nellore as of 31.12.2023. The said litigation has nothing to do with the petitioner’s promotion to the post of Superintendent. 7. Thus, as seen from the material available on record, there is no dispute that, vide proceedings No. SE/SPC/NLR/EC-II/E-5A file/256M dated 20.06.2024 (EX.P7), the petitioner was posted as Office Superintendent on full additional charge-and the post of Superintendent, Somasila, is vacant. In fact, respondent No.4 addressed No.3, vide Memo No.RC/ENC(AW)/l(2)/E-9752761/2024 dated S.P. Division No.1 a letter to respondent 11.12.2024 by annexing the petitioner’s representation, requesting to examine the petitioner’s representation and to take an appropriate action as per the rules in force and report compliance. It seems respondent No.3 has not reported compliance so far. 8. Given the facts and circumstances, this writ petition is disposed of at the admission stage with the consent of learned counsel respondent No.3 to take further steps, in the rules and pass appropriate orders as expeditiously as possible within eight weeks from the receipt of a copy of this order. No costs. Miscellaneous petitions pending, if any, shall stand closed. on either side, directing pursuance of Ex.P8, strictly as per Sd/. K. TATA RAO deputy registrar //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, Water Resources (R AND State Of Andhra Pradesh Guntur District. 522001. R) Department, A.P. Secretariat, Velagapudi Amaravathi, Project. Tirupathi. Chitoor 2. The Chief Engineer, N.T.R Telugu Ganga District, A.P - 517501. 3. The Superintending Engineer, Somasila 524 001. 4 The Engineer-in-Chief, Administration Wing, Department, Vijayawada, Krishna District, A.P QRi K RHEEMA RAO, Advocate [OPUCl :: “ro CCS .0 GP POP SERVICES ii, High Court Of Andhra Pmdesh. [OUT] 7. Three CD Copies Project Circle, Nellore, A.P - Water Resource PRK HIGH COURT DATED:12/02/2025 ORDER WP.No.3391 of 2025 0 7 MAR 20?5 j ^ Current Section . ^ x? io: DISPOSING OF THE W.P. WITHOUT COSTS