IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NOS.22730 OF 2006 & 17551 OF 2007 WRIT PETITION NO : 22730 of 2006 Between: N. Kumaraiah S/o. Durgaiah Sirpur Kagaz Nagar, Adilabad. ..... PETITIONER AND 1 Chairman & Managing Director, Northern Power Distribution Company of A.P., Ltd., Warangal. 2 Chief General Manager, HRD, NPDCL, Warangal. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ, order or direction more in the nature of writ of Mandamus, declaring the action of the respondents i) in issuing the provisional seniority list of Divisional Engineers in Memo NO. CMD/CGM(HRM)/gM(S)/AS-I/616-PO-I/05 dt. 8-11-2005 in the cadre of Divisional Engineer which was finalized vide Memo No. 1-3-2005 and seta side the same as it is illegal, arbitrary and contrary to regulations and consequently direct the respondents to operate seniority list issued in Memo dt. CMD/CGM/HRD/GM(S)/AS-1/F.38/348-PO-I/04 dt. 15-6-2004 issued by the 1st Respondent for issuing of promotions in all other hilgher categories or in the alternative ii) to direct the respondents to restore the seniority of the petitioner duly placing him at Sl.No. 9 below Sri Y. Venkata Narayana in the cadre of Divisional Engineer in the seniority list issued vide Memo No. CMD/CGM/(HRM)/GM(S)/AS-I/616-PO-I/05 dt. 8- 11-2005 which was finalized vide memo dt. 1-3-2005 and operate the same after the said correction is made in the seniority list dt. 8-11-2005 for all purposes including issuing of promotion to the post of Superintendent Engineer and pass such other order or orders as are deemed fit and proper. Counsel for the Petitioner:MR.D.LINGA RAO Counsel for the Respondent No.: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) WRIT PETITION NO : 17551 of 2007 Between: N. Kumaraiah S/o Durgaiah Sirpur Kagaz Nagar, Adilabad. ..... PETITIONER AND 1 Chairman & Managing Director, Northern Power Distribution Company of A.P., Ltd., Warangal. 2 Chief General Manager, HRD NPDCL, Warangal .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ, order or direction, more in the natureof Writ of mandamus, declaring the action of the respondents in not promoting the petitioner herein as Superintending Engineer while includinghis name at SI. No. 9 in the Seniority list of Divisional Engineer Prepared in Memo No. CMD/CGM(HRD)/GM(S)/AS-1/616/PO.1/05 dt 8- 11-2005 finalized in Memo dt 1-3-2006 is illegal, arbitrary and contrary to regulations and directthe respondent to promote the petitioner as Superintending Engineer in the existing vacancyby protectinghis Seniority and all other rights flown from it and pass such other order or orders as are deemed fit and proper. Counsel for the Petitioner:MR.D.LINGA RAO Counsel for the Respondent No.: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NOS.22730 OF 2006 & 17551 OF 2007 COMMON ORDER: The petitioner was appointed as Assistant Engineer in the erstwhile A.P. State Electricity Board, in the year 1982. Thereafter, he was promoted as Assistant Divisional Engineer on 17.02.1994. It is stated that he officiated against the post of Divisional Engineer. The petitioner became due for promotion as Divisional Engineer on regular basis in the year 2002-03. However, on account of the fact that an order of punishment of stoppage of one increment without cumulative effect was operating against him, he was not promoted, though he was included in the panel. In the subsequent year, he was promoted as Divisional Engineer. In the category of Assistant Divisional Engineers, the place of the petitioner was No.17 and that of one Mr. Y.Venkatnarayana was No.16. The provisional seniority list was published by the respondents for the post of Divisional Engineer on 15.06.2004. In that, the petitioner was shown at serial No.17 immediately after Mr.Y.Venkata Narayana. However, in the final seniority list, dated 31.10.2005, the petitioner was shown at serial No.26, whereas Mr. Venkatnarayana was shown at serial No.18. When steps were being taken for effecting promotions to the posts of Superintendent Engineers, the petitioner filed W.P.No.22730 of 2006 ventilating his grievance. The writ petition was admitted and a direction was issued to the respondents to pass orders on the appeal preferred by the petitioner on 31.03.2006. A reasoned order, dated 07.08.2007, was passed, accordingly. The same is challenged in W.P.No.17551 of 2007. The petitioner contends that though his promotion to the post of Divisional Engineer was deferred by one year, his seniority in the post of Assistant Divisional Engineer, which, in fact, was mentioned in the provisional seniority list, is to be reflected. He further contends that the denial of his case for promotion to the post of Superintendent Engineer cannot be sustained in law, particularly when his juniors are being considered for promotion. The respondents filed counter affidavit stating inter alia that though the petitioner and one Mr. Venkatnarayana were almost on par, both as regards their position in the seniority list in the post of Assistant Divisional Engineer as well as the punishments received by them, in case of Mr. Venkatnarayana, the period of punishment expired in the year 2002-2003 and accordingly, he was promoted as Divisional Engineer. It is stated the punishment against the petitioner ceased during the year 2003-04 and by the time, he was promoted, about 15 juniors to him were promoted as Divisional Engineers and that the same seniority is taken into account, in the matter of effecting promotions to the post of Superintendent Engineer. Heard Sri D.Linga Rao, learned counsel for the petitioner and Sri P.R.Balarami Reddy, learned Standing Counsel for the respondents. There is no dispute that the petitioner occurred immediately after one Mr.Venkatnarayana in the seniority list up to the post of Assistant Divisional Engineer. From there onwards, they parted ways, on account of the fact that the order of punishment against the petitioner was operating against him in the year 2002-03. Before the petitioner could be promoted in the year 2003-04, several juniors to him were promoted to the post of Divisional Engineer. That naturally resulted in the petitioner being junior to those persons as Divisional Engineer, though he was far senior to them as Assistant Divisional Engineer. Therefore, no exception can be taken to the final seniority list or the communication, dated 07.08.2007, issued by the respondents. It is represented that the appeal preferred by the petitioner against the order of punishment has been dismissed recently and that a separate writ petition is filed challenging the same. It is needless to mention that in case, the punishment imposed against the petitioner is interfered with, in any manner, the same would have its own reflection on the promotion of the petitioner to the post of Divisional Engineer, then his place in the seniority list of that post and consequently, upon the avenues for promotion to the post of Superintendent Engineer. The writ petitions are, accordingly, dismissed. There shall be no order as to costs. ________ 02.07.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NOS.22730 OF 2006 & 17551 OF 2007 Date: 02.07.2008 JSU