IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 26441 of 2008 Between: 1 S.Nagabhushana S/o.Gurappa O/o. The Chief Engineer (O&M) Circle, RTPP, Kalamalla, Kadapa District. 2 G.Venkata Ramana S/o.Reddanna O/o. The Chief Engineer RTPP, BMD Division, Kalamalla, Kadapa District. 3 M.Subrahmanyam Shetty S/o.M.Reddaiah O/o. The Chief Engineer (O&M) Circle, Kalamalla, Kadapa District. ..... PETITIONER(S) AND 1 The A.P. Genco, Rep. by its Chairman & Managing Director, Vidyuth Soudha, Hyderabad. 2 The Chief Engineer / O & M, A.P. Genco, RTPP (Rayalaseema Thermal Power Project), V.V. Reddy Nagar, Kadapa District. 3 The Superintending Engineer, A.P. Genco, O & M Circle, RTPP (Rayalaseema Thermal Power Project), V.V. Reddy Nagar, Kadapa District. .....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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in including the petitioners names in the Final Seniority list of JPAs un- qualified list prepared vide Memo.No.CE/O&M/RTPP/DM(HR)/AM(HR) /F.P./D.No.852/07, dt. 13.3.2007 as illegal arbitray and consequently direct the respondents herein to include the petitioners names in the technically qualified JPAs list prepared vide Memo.No. CE/O&M/RTPP/PO/A/F.62 (B)/D.No.760/03, dt. 16.6.03 and consider for promotions as Plant Attendants as per the seniority and may pass such other order or orders. Counsel for the Petitioner:MR.M.R.TAGORE Counsel for the Respondent No.: MR.K.CHIDAMBARAM(SC FOR AP GENCO) The Court made the following : O R D E R: 1. This Writ Petition has been filed by the petitioners who are three in number assailing the action of the respondents in not including their names in the final seniority list of JPAs un-qualified list prepared vide memo No.CE/O&M/RTPP/DM(HR)/ AM(HR)/F.P/D.NO.852/07, dated 13.3.2007. 2. The petitioners were appointed by transfer as JPAs (Junior Plant Attendant) from the post of Man Mazdoor along with about 300 Man Mazdoors in RTPP. The next promotion from the post of JPA is PA (Plant Attendant) with ITI qualification as per rules in vogue. The petitioners have passed ITI during the year 2005-06. Thereafter they submitted representations for the inclusion of their names in the seniority list. Their representations remained unattended. Hence, they approached this Court invoking Article 226 of the Constitution of India. 3. Rule nisi came to be ordered on 4.12.2008. When WPMP.No.34613 of 2008 came for consideration, with the consent of learned counsel for the parties, the writ petition itself is taken up for final disposal. 4. The limited grievance of the petitioners is that they acquired qualification of ITI and thereafter they submitted applications for inclusion of their names in the seniority list. There being no action on their representations they approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. 5. The factual aspect of the petitioners acquiring ITI qualification is not controverted by learned Standing Counsel for respondent-Corporation. 6. In that view of the matter, this writ petition is disposed of directing the petitioners to submit their representations afresh for inclusion of their names in the seniority list. Thereupon, the respondents shall consider the same and pass appropriate orders within two months from the date of receipt of a copy of this order. No costs. 19th January 2009. (B.Seshasayana Reddy,J) cc in one week tnb THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.26441 OF 2008 19TH JANUARY 2009. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}