IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 22474 of 2008 Between: S.V. Narsiah S/o. Narsappa O/o. Asst. Engineer/Operation Central Power Distribution Company of A.P. Ltd., Ananthapur. ..... PETITIONER AND 1 Central Power Distribution Company of A.P. Ltd., Rep. by its Chairman & Managing Director Singareni Bhavan, Red Hills, Lakdi-ka-pul, Hyderabad. 2 The Superintending Engineer/Operation Central Power Distribution Company of A.P. Ltd., Ananthapur. 3 The Divisional Electrical Engineer/Operation Central Power Distribution Company of A.P. Ltd., Ananthapur. 4 K.S. Srinivasulu S/o. Not known, O/o. A.E/Operation/APCPDCL, Ananthapur. .....RESPONDENTS 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 a writ or order or direction especially one in the nature of writ of Mandamus i. declare the Memo No. DEE/O/ATP/JAO/Adm./C2/D.No. 1272/08 dt. 27-8-2008 issued by the 3rd Respondent as illegal, and arbitrary, and set a side the same ii. Consequently direct the respondents No. 1 to 3 to treat the petitioner as senior to the 4th Respondent and promote him as Sr. Line Inspector, duly granting all other consequential beneﬁts. iii. and pass such other order or orders Counsel for the Petitioner:MR.K.VASUDEVA REDDY Counsel for the Respondent No.: P.R.BALARAMI REDDY (SC FOR AP TRANSCO) The Court made the following : THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 22474 of 2008 ORDER: 1 This Writ Petition is ﬁled seeking a mandamus to declare the memo No.DEE/O/ATP/JAO/Adm./C2/D.No. 1272/08 dated 27.08.2008 issued by the 3rd Respondent as illegal, and arbitrary, and consequently direct the respondents No.1 to 3 to treat the petitioner as senior to the 4th Respondent and promote him as Sr. Line Inspector and grant all other consequential benefits. 2 It appears that the petitioner was promoted as Lineman on 05.08.1985 and was subsequently promoted as Line Inspector on 03.09.1998 and that the fourth respondent was promoted as Lineman on 12.08.1985 and as Line Inspector on 09.06.1999. According to the petitioner he is being shown as senior in the cadre of Line Inspector right from 1989 onwards. But surprisingly the Divisional Engineer Electrical Operations, Ananthapur has issued the impugned memo dated 27.08.2008 calling for an explanation from the petitioner as to why his seniority should not be revised. Aggrieved thereby the present Writ Petition is filed. 3 According to the petitioner Guti division and Ananthpur division were separate till 1989. In the year 1989 Guti and Ananthapur divisions were amalgamated and though the petitioner as well as the fourth respondent were promoted on the same day the petitioner joined seven days prior to the fourth respondent and therefore he has been shown as senior to the fourth respondent right from 1989 onwards and the sad seniority list is being disturbed now under the guise of some instructions said to have been given by the Superintending Engineer. 4 According to the petitioner even in the impugned memo dated 27.08.2008 no reasons which necessitated for revision of the seniority list were furnished nor any explanation was called for from the petitioner. This submission of the petitioner seems to be true. In the impugned memo dated 27.08.2008 why the revision of the seniority is necessitated or what are the instructions issued by the Superintending Engineer under which the revision is sought to be effected are not known. 5 Under these circumstances without expressing any opinion on merits, the Writ Petition is disposed of with a direction to the respondents to furnish the details of the instructions said to have been issued by the Superintending Engineer as well as the reasons requiring for the revision of the seniority of the petitioner and after furnishing such details and calling for explanation of the petitioner only appropriate action shall be taken as per law. Till such time no further promotions shall be given eﬀect to. No order as to costs. ---- -------------------- C.V.RAMULU, J. 21.10.2008 kvsn THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.22474 of 2008 OPERATIVE PORTION OF THE ORDER Without expressing any opinion on merits, the Writ Petition is disposed of with a direction to the respondents to furnish the details of the instructions issued by the Superintending Engineer as well as the reasons requiring the revision of the seniority of the petitioner and after furnishing such details and calling for explanation of the petitioner only appropriate action shall be taken as per law. Till such time no further promotions shall be given effect to. Detailed order follows… ------------------------ C.V.RAMULU, J. 21.10.2008 Note: Issue wire at parties cost After the above order is dispatched, send the bundle to the C.M. Section to prepare detailed order. kvsn