IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE and HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL No.1286 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the order dated 02.07.2008 in W.P.No.17551 OF 2007 on the file of the High Court) Between: N. Kumaraiah, S/o. Durgaiah, aged about 54 years, Working as Divisional Engineer, PDCL (Operation) Sirpur Kagaz Nagar, Adilabad, Adilabad District ... APPELLANT AND 1. The Chairman & Managing Director, Northern Power Distribution Co. of A.P. Ltd., Warangal, Warangal District. 2. The Chief Manager, HRD, Northern Power Distribution Co. of A.P. Ltd,. Warangal, Warangal District. ...RESPONDENTS Counsel for the Appellant: MR. V.R. REDDY KOVVURI Counsel for Respondents: MR. P.R. BALARAMI REDDY The Court made the following: Judgment: (Per HC J) The appellant-original petitioner has been aggrieved by an order passed in W.P.No.17551 of 2007 dated 02-07- 2008 whereby his petition praying for promotion to the post of Superintending Engineer has been rejected. It is an admitted fact that the appellant had not been promoted to the post of Assistant Divisional Engineer from the post of Assistant Engineer as he was undergoing punishment at the relevant time. The order of punishment was conﬁrmed in appeal and against the order passed in the appeal, the petition filed by the appellant is pending. The case of the appellant before the learned single Judge was that he ought to have been promoted to the post of Superintending Engineer. It is an admitted fact that because of non-promotion to the post of Assistant Divisional Engineer along with other persons, who were junior to him, the appellant was promoted to the post of Assistant Divisional Engineer and to the post of Divisional Engineer after substantial time. Because of the said fact, persons junior to him had become senior to him and as a result thereof, his case could not be considered for the purpose of promotion to the post of Superintending Engineer. The grievance made by the appellant before the learned single Judge was that he should have been promoted to the post of Superintending Engineer. Looking to the fact that the appellant could not be promoted because of the punishment, the appellant lost the chance to be considered for promotion to the post of Superintending Engineer. In the circumstances, the petition has been rejected. The learned single Judge, while rejecting the petition, has observed that if the order of punishment is set aside in the petition, which has been ﬁled by the appellant, the case of the appellant will have to be reconsidered in the light of the ﬁnal outcome of the petition ﬁled by him against the order of punishment. We are in agreement with the view expressed by the learned single Judge and therefore we dismiss the appeal mainly for the reason that in the cadre of Divisional Engineer, the appellant was much junior to other oﬃcials who had been considered or promoted to the post of Superintending Engineer. The appeal is therefore dismissed. __________________ ANIL R. DAVE, CJ. _______________________ R. SUBHASH REDDY, J. October 14, 2008 MRR