THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR W.A.No.2132 of 2003 JUDGMENT (Per Sri Justice Ghulam Mohammed) This writ appeal is directed against the order dated 24.02.2003, passed by the learned Judge of this Court in Review WPMP No.1643 of 2003 in W.P.No.26766 of 2000. 2. The appellants herein are the employees of the first respondent-Bharat Heavy Electricals Limited, Hyderabad (BHEL). Earlier, they filed W.P.No.11878 of 1996 questioning the action of the respondents in not maintaining a common seniority list of the employees of both units namely, H.P.E.P. (Heavy Power Equipment Plant) and S.G.U (Switch Gear Unit) of Ramachandrapuram, Hyderabad, in each grade on the basis of their initial date of entering into higher grade and not promoting them on the basis of the common seniority list after merger of both the units in 1967-68. Through order dated 23.02.1999, this Court while dismissing the said writ petition, directed the respondents therein to communicate the common seniority list to the appellants within four weeks from the date of the said order. Challenging the same, the appellants filed W.A.No.588 of 1999, which in turn was dismissed by a Division Bench of this Court on 20.04.1999. Thereafter, the appellants got issued a legal notice on 31.12.1999 calling upon the respondents to communicate them the common seniority lists from 1967 onwards, but in vain. Hence, the appellants filed W.P.No.26766 of 2000 seeking a mandamus to direct the respondents to communicate the common seniority list after merger of both the units. Through order dated 12.02.2002, this Court dismissed the same with exemplary costs of Rs.5,000/- to be payable by the petitioners therein to the A.P.State Legal Services Authority, within four weeks from that date. Aggrieved by the same, they filed W.A.No.1358 of 2002. The Division Bench of this Court through judgment dated 21.10.2002, dismissed the said writ appeal granting liberty to the petitioners to file a review petition. Pursuant to the same, the petitioners filed Review W.P.M.P.No.1643 of 2003 in W.P.No.26766 of 2000 and the learned Judge of this Court dismissed the same with costs of Rs.2000/- to be payable to Court Master’s Welfare Fund, High Court of A.P., Hyderabad by the order impugned. Challenging the same, the petitioners filed W.A.No.2132 of 2003, whereunder the Division Bench of this Court having held that the appeal is not maintainable against a review petition as per the decision of a Larger Bench of this Court in B.F.Pushpaleela Devi v. State of A.P. (2002(5) ALD 1) dismissed the same on 15.12.2003. The petitioners again carried the matter in appeal in C.A.No.44 of 2007 before the Supreme Court. Through order dated 17.02.2011, the Apex Court while setting aside the judgment in W.A.No.2132 of 2003, remitted the matter to this Court to decide the appeal in accordance with law, as the appeal is maintainable against the review petition. On remand by the Apex Court, this writ appeal is again taken up for hearing. 3. Heard the learned counsel for the appellants and the learned Counsel for respondent No.1. 4. Learned counsel for the appellants contended that the learned Judge of this Court ought to have decided whether the merger of two units took place in 1967-68 or 1974-75. He contended that though the first respondent in its counter in W.P.No.11135 of 1995 stated that HPEP and SG operations come under common administration with a common balance sheet from 1967-68 onwards, no common seniority list was prepared from that period. 5. Sri S.V.Bhatt, learned Standing Counsel for the respondents contended that during 1967-68, the Board of Directors contemplated to have common administration, finance and other service departments for both the units, but actual implementation was done from 1974-75 onwards. He further stated that the promotions were made on the basis of the recommendations of the Departmental Promotion Committee, but not on seniority. He submitted that in accordance with the directions of this Court in W.P.No.11878 of 1996, the respondents have prepared the common seniority list and communicated the same to the counsel for the appellants vide letter dated 01.04.1999 by a registered post. 6. A perusal of the material on record shows that the issue as regards merger of both the units i.e., H.P.E.P. and S.G.U took place in 1974-75 but not from 1967-68, has already been decided by this Court in W.P.No.11878 of 1996 and it had attained finality in W.A.No.588 of 1999. While dismissing W.P.No.11878 of 1996, this Court directed the respondents to communicate the common seniority list prepared consequent upon the merger of both the units, and accordingly, the respondents have communicated the same vide letter dated 01.04.1999 to the counsel for the appellants. Even thereafter, the appellants got issued a legal notice dated 30.12.1999 stating that the common seniority list has to be prepared from the year 1967-68 onwards by considering the objections before publication and communicate the same. Since this Court negatived the merger of both the units in 1967-68 in W.P.No.11878 of 1996 and the same was confirmed in W.A.No.588 of 1999, and ultimately, decided that the merger took place in 1974-95, the question of preparing common seniority list from 1967-68 does not arise and the learned Judge of this Court holding that it operates as resjudicata, rightly dismissed the review petition. Further, W.P.No.11135 of 1996 was filed for conducting verification/election under the Code of Discipline for the BHEL, Switchgear Unit, Ramachandrapuram and merger of both the units and preparation of common seniority list were not the issues raised therein. It is a settled proposition of law that the unsettled issues cannot be settled after a long lapse of 35 years. Therefore, we do not find any infirmity in the order impugned warranting interference by this Court. Accordingly, the Writ Appeal is dismissed. No order as to costs. ______________________ GHULAM MOHAMMED, J _________________ SANJAY KUMAR, J Date:22.09.2011 sj