IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 20517 of 2008 Between: D.Chiranjivulu, S/o. late Mories, A.P.State Housing Corporation, parvathipuram Urban, Vijayanagaram District. ..... PETITIONER AND 1 The Managing Director, A.P.State Housing Corporation, Himayatnagar, Hyderabad. 2 The District Manager, A.P.State Housing Corporation, Vijayanagaram. 3 Sri.P.Vijaya Kumar, Housing Inspector, A.P.State housing Corproation, Parvathipuram Urban, Vijayanagaram 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 issue an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in issuing the impugned proceedings No.A4/5156/2008-3, dated 3-8-2008 in respect of the 3rd respondent promoting him a Asst. Engineer as highly arbitrary, illegal and contrary to rules and consequently set-aside the same and further direct the 1st respondent to promote the petitioner is senior to the 3rd respondent with all consequential benefits and pass Counsel for the Petitioner: MR.S.SIVA PRASAD Counsel for the Respondent No.: . The Court made the following : ORDER: The petitioner was appointed as Technical Work Inspector (Housing Work Inspector) on 01.05.1992. His services were regularized in the said category with effect from 01.05.1992. The 3rd respondent was appointed as Technical Work Inspector (Housing Work Inspector) on 01.08.1992. The respondents 1 and 2 published provisional seniority list of Technical Work Inspectors (Regular). In the provisional seniority list, the name of the petitioner appeared at S.No.737 and the name of the 3rd respondent appeared at S.No.790. But in the final seniority list the name of the petitioner appeared at S.No.866, whereas the name of the 3rd respondent appeared at S.No.865. According to the petitioner, the authorities committed the mistake in treating the joining date of him and the 3rd respondent as one and the same. The 3rd respondent came to be promoted as Assistant Engineer basing on the final seniority list published by the respondents 1 and 2. The petitioner filed this writ petition assailing the proceedings No.A4/5156/2008-3, dated 03.08.2000 whereby the 3rd respondent has been promoted as Assistant Engineer. Rule nisi came to be ordered on 19.9.2008 and so also notice in WPMP.No.26790 of 2008. R1 and R2 entered appearance through counsel. R3 despite receipt of notice did not chose to enter appearance. When WPMP.No.26790 of 2008 came up for consideration with the consent of learned counsel for the parties, the writ petition itself is taken up for final disposal. Learned counsel appearing for the petitioner submits that the petitioner joined in service on 1.5.1992 and whereas R3 joined in service on 1.8.1992 as Technical Work Inspector. The same is the date mentioned in the provisional seniority list. While publishing final seniority list, the date of joining of service in respect of the petitioner as well as R2 has been mentioned as one and the same and thereby R3 has been shown at Sl.No.865. On noticing the mistake in the final seniority list the petitioner submitted representation to 1st respondent for rectification of the mistake in respect to the date of joining of R3. His representation is stated to be pending consideration. In that view of the matter, I deem it appropriate to dispose of the writ petition directing the 1st respondent to consider the representation dated 14.8.2008 and pass appropriate orders after putting on notice R3 within four weeks from the date of receipt of a copy of this order. No costs. 5th March, 2009. (B.Seshasayana Reddy,J) cc in one week. BO/tnb ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.20517 OF 2008 DATED: 5-3-2009.