Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010345452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 7th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17456/2025 Between: 1. JATOTH DEVENDER, S/O. LALYA, AGED ABOUT 42 YEARS, OCC. ASSISTANT LINE MAN NELLIPAKA SECTION,TOTAPALLI VILLAGE, YETAPAKA MANDIA, A.S.R. DISTRICT. ...PETITIONER AND 1. THE ANDHRA PRADESH EASTERN POWER DISTRIBUTION CO LTD, VISAKHAPATNAM, REP BY ITS MANAGING DIRECTOR. 2. THE SUPERINTENDING ENGINEER OPERATIONS, ANDHRA PRADESH EASTERN POWER DISTRIBUTION CO.LTD RAJHAMUNDRY, E.G. DISTRICT. 3. THE EXECUTIVE ENGINEEROPERATIONS, JAGGAM PET, KAKINADA DISTRICT. 4. STATE OF A P, REP. BY ITS SECRETARY, ENERGY DEPARTMENT, SECRETARIAT BUILDINGS, 2 VELAGAPUDI, AMARAVATHI. 5. V RAMBABU, S/O AND AGE NOT KNOWN, W/AS ASSISTANT LINE MAN, RAJAMANGI SECTION, ADDATEEGALA SUB- DIVISION, A.S.R. DISTRICT ...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 seniority videMemo.No.EE/0/JPT/JAO/Adm/SA-1/D.No. 2025,dt, 10-06- 2025 of the 3rd respondent in altering the petitioner seniority from S.No.181 to 198 contrary to his merit Rank as illegal, improper, unjust, arbitrary and contrary to Rule.33 (B) APSSS Rules, 1996 and set aside the same to the extent of altering the petitioner seniority and further declare that the petitioner is entitle for his placement at S.No.181 with a direction to the respondents 1 to 4 to revise the seniority of the petitioner from 198 to 181 as per his merit rank secured (65.43) 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 4 forth to consider the petitioner representation dt; 12-06-2025 to revise and re-fix his seniority at S.No. 181 1 as per his merit Marks (65.43 ) by suspending the seniority list 10-06-2025 pending disposal of the above writ petition, and pass IA NO: 1 OF 2026 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 grant leave to 3 the Respondents in the W.P.No. 174561 Of 2025 to file Counter Affidavit in the above writ petition and to pass Counsel for the Petitioner: 1. G SEENA KUMAR Counsel for the Respondent(S): 1. V V SATISH (SC for APEPDCL) 2. GP FOR SERVICES I 3. The Court made the following: 4 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.17456 of 2025 O R DE R: The present writ petition is filed declaring the seniority list dated 10.06.2015 of the 3rd Respondent in altering the Petitioner’s seniority from S.No.181 to 198 contrary to his merit rank as illegal and arbitrary. 2. A notification was issued on 22.11.2011 inviting applications to fill up 939 vacancies of Junior Linemen in Respondent No.1-Corporation. The Petitioner had participated in the selection process and secured 65.43 marks. A list of selected candidates was prepared vide 13.08.2014 and name of the Petitioner was shown at Sl.No.163 based on the marks secured and was selected and posted to Ramachandrapuram Division. In the course of selection process, the erstwhile State of Andhra Pradesh was bifurcated and seven (7) Mandals from Khammam District had been amalgamated to East Godavari District vide G.O.Ms.No.315, Revenue (DA&LR) Department, 11.09.2014. 3. The employees of corresponding TSNPDCL, who were working in these Mandals had opted to continue in Telangana State and on account of the same, certain vacancies arose in 5 those seven Mandals and on account of vacancies in those seven Mandals, the Petitioner vide proceedings dated 05.12.2014 was transferred from Ramachandrapuram Division to Nellipaka Section, Yetapaka Mandal, Jaggampeta Division on administrative grounds. A provisional seniority list of the year 2014 for Junior Linemen was issued on 31.05.2025 and the Petitioner’s seniority was shows at Sl.No.198 instead of in between Sl.No.180 and 181 considering the marks secured by the Petitioner in the selection process. Objections were given to the said provisional seniority list, however, the 3rd Respondent confirmed the provisional seniority list. Hence, the present writ petition. 4. In the counter filed by Respondent Nos.1 to 3, it is stated that the Petitioner had joined as Junior Lineman on 20.08.2014 at Operation Division, Ramachandrapuram (parent division) under non-local category under direct recruitment process. As the Petitioner hails from Warangal District, a representation was given on 03.12.2014 to Respondent No.1 to transfer him to TSNPDCL on account of his aged parents residing at Warangal. It is stated that on account of this representation, the Petitioner was transferred from his parent division and posted to Nellipaka 6 Village, which was amalgamated from Operation Division, Bhadrachalam, NPDCL of Telangana State, so that it is nearer to his native place vide impugned proceedings. 5. It is also stated in the counter affidavit that on account of inter-division transfer, the Petitioner has been positioned in the last rank among the Junior Linemen in the transferred division i.e. Operation Division, Jaggampeta as per APSEB Service Regulations as adopted by the APEPDCL. 6. Heard Sri G.Seena Kumar, learned counsel for the Petitioner, learned standing counsel for the Respondent- Corporation. 7. Petitioner is a native of Warangal and was appointed under non-local quota. A letter was given by the Petitioner on 03.12.2014 requesting to accord permission to transfer to TSNPDCL on account of his elderly parents and he would forego his lien and seniority in APEPDCL. The condition on which the Petitioner sought for foregoing his lien and seniority in Respondent No.1 was subject to his transfer on mutual grounds or any other grounds to TNSPDCL. 7 8. However, the letter transferring the Petitioner states that the Petitioner was being transferred to Jaggampeta Division on administrative grounds which is under the administrative control of the Respondent-Corporation. The relevant portion of the letter reads as under: ‘Sri Jatothu Devender, Junior Lineman, Vedurumudi of Operation Division, R.C.Puram is transferred and posted to Nellipaka which was amalgamated from the Operation Division/Bhadrachalam/NPDCL of Telangana State to the Operation Division/Jaggampeta/APEPDCL of Andhra Pradesh, on administrative grounds. He is directed to report for duty to the Additional Assistant Engineer, Operation, Nellipaka of Operation Sub- Division, Rampachodavaram forthwith by obtaining proper relief from his present post He is informed that no request either for sanction of leave or alternative postings will be entertained.’ 9. The above letter shows that the Petitioner was transferred on administrative grounds and without reference to his representation dated 03.12.2014. Though Regulation 10(iv) states that on transfer, the seniority of the individual transferred would be fixed from the date of his transfer to that unit, but that would be in cases where the transfer was on request. In this 8 case, the transfer was on administrative grounds and without reference to his representation dated 03.12.2014 and cannot be termed as a request transfer for Petitioner to be placed at the bottom of the seniority list. Further, the letter does not mention that Petitioner would be foregoing his seniority on transfer. On the aspect of delay in questioning the placing of the Petitioner in Jaggampet Division, the error is ex-facie contrary to the transfer order as well as Regulations. A blatant mistake by the department cannot validate the same by passage of time. In R.M.Ramulal v. State of H.P.1, the challenge to the seniority list after lapse of 11 years was upheld as the seniority was fixed in utter disregard to the Central Government instructions with regard to the individual therein. Therefore, the aspect of delay cannot be urged by the Respondents to validate their own wrong. 10. In that context, counting the seniority of the Petitioner from the date of his appointment in Jaggampeta Division is not correct and the Petitioner is entitled for fixation of his seniority on the basis of his merit rank in terms of Regulations. 1 1989 (1) SCC 285 9 11. For the aforesaid reasons, the writ petition is allowed with following directions: (i) The Respondents shall fix the seniority of the Petitioner taking note of the marks secured by the Petitioner in the direct recruitment process pursuant to notification dated 22.11.2011 as per APSEB Regulations. (ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 07.07.2026 KLP Whether the order is: Speaking Reasoned Reportable Non-reportable