APHC010097562016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 14599/2016 Between: 1. KOTIPALLI RAMOJI, S/O. SRI VENKATA RAO HINDU, AGE 54 YEARS, OCC: DIVISIONAL ENGINEER QUALITY CONTROL, APEPDCL, RAJAHMUNDRY - 533 101 EAST GODAVARI DISTRICT ...PETITIONER AND 1. EASTERN POWER DISTRIBUTION COMPANY OF A P LIMITED, REP. BY ITS CHAIRMAN & MANAGING DIRECTOR P & T COLONY, SEETHAMMADHARA VISAKHAPATNAM - 530 013 2. THE CHIEF GENERAL MANAGER / HRD, EASTERN POWER DISTRIBUTION COMPANY OF A.P. LIMITED P & T COLONY, SEETHAMMADHARA, VISAKHAPATNAM - 530 013 ...RESPONDENT(S): 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 toto issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Superintending Engineer on the ground of pendency of C.C.No.44/2012 on the file of the Court of the Judicial Magistrate of First Class, Paderu, Visakhapatnam District as illegal, arbitrary and discriminatory and consequently direct the Respondents to consider the case of the Petitioner for promotion to the post of Superintending Engineer without reference to the pendency of the criminal case forthwith and pass IA NO: 1 OF 2016(WPMP 18176 OF 2016 2 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 to direct the Respondents to consider the case of the Petitioner for promotion to the post of Superintending Engineer forthwith along with other candidates in the seniority list prepared by the 2nd Respondent, pending disposal of the present Writ Petition and pasas IA NO: 4 OF 2016(WVMP 234919 OF 2016 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 Counsel for the Petitioner: 1. A PRABHAKAR RAO Counsel for the Respondent(S): 1. V V SATISH (SC for APEPDCL) The court made the following ORDER:- The writ petition is filed under Art. 226 of the Constitution of India, seeking the following main relief:- “……declaring the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Superintending Engineer on the ground of pendency of C.C.No.44/2012 on the file of the Court of the Judicial Magistrate of First Class, Paderu, Visakhapatnam District as illegal, arbitrary and discriminatory and consequently direct the Respondents to consider the case of the Petitioner for promotion to the post of Superintending Engineer without reference to the pendency of the criminal case forthwith and pass.……” 2. The conspectus of the writ petition is that the petitioner is aggrieved by the action of the respondents in not considering the case of the petitioner for promotion to the post of Superintending Engineer on the ground of pendency of C.C.No.44 of 2012 on the file of the Court of the Judicial Magistrate of First Class, Paderu, Visakhapatnam District. 3 3. Today when the matter is called, there is no representation for the petitioner. 4. On 27.04.2016, this Court pleased to pass interim order, directing the respondents to consider the case of the petitioner, subject to his eligibility as per the Rules notwithstanding the pendency of the criminal case with a period of two months from the date of receipt of the order. 5. Sri Tallapragada Srinivas, learned counsel appearing on behalf of Sri V.V.Satish, learned Standing Counsel for the respondents Corporation, submits that in obedience to the interim orders passed by this Court, the respondent authorities vide proceedings dated 06.05.2016 promoted the petitioner to the post of Superintending Engineer (EI.)/ General Manager (EI.) and subsequently, he retired from service on 31.12.2020 on attaining the superannuation age. To that effect, he also placed a copy of proceedings vide E.O.O.(HRD) Rt.No.107/2016 dated 06.05.2016 and E.O.O.(HRD) Rt.No.20/2019 dated 18.02.2019 issued by the 1st respondent. He further submits that the cause in the writ petition does not survive. 6. Considering the submissions made by the learned counsel for the respondents Corporation and in view of the fact that the petitioner was promoted, the writ petition is disposed of by making the above said proceedings dated 06.05.2015 and 18.02.2019 as part of record. 4 There shall be no order as to costs. As a sequel, all pending applications shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 24.09.2025 GVK 5 39 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.14599 of 2016 Date: 24.09.2025 GVK