IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.18428 of 1999 Between: Smt. Komma Kanakadurga, Record Assistant, O/o. Assistant Accounts Officer Electricity Revenue Officer, Town A.P.Transmission Corporation Ltd. ..... PETITIONER AND 1 Transmission Corporation of A.P.Ltd, Vidyuth Soudha, Rep by its Managing Director, Somajiguda, Hyderabad. 2 Superindenting Engineer, Operation Circle, Transmission Corporation of A.P.Ltd., Eluru, W.G.District. 3 Divisional Engineer Electrical (Operation) Transmission Corporation of A.P.Limited, Powerpeta, Eluru, W.G.District.- 534 002, 4 The Assistant Accounts Officer, Electricity Revenue Officer (Town), Eluru, W.G.District. ....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 any appropriate Writ, Order, Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the 2nd Respondent in seeking to cancel the appointment of the petitioner as Record Assistant in pursuance of the Memo. No.ADM/UI/F.PERSL/D.No. 1547/99, dt. 28.8.99. as illegal and void and consequently direct the respondents to continue the services of the petitioner as Record Assistant and consequently declare that the petitioner is entitled to hold the post of Record Assistant and pass such other further orders as this Hon'ble Court may deem fit in the circumstances of the case. Counsel for the Petitioner: Mr.A.RAMALINGESWARA RAO Counsel for Respondents: Mr. P.R.BALARAMI REDDY (SC FOR AP TRANSCO) The Court made the following : W.P.No.18428 of 1999 ORAL ORDER: The issue that arises for consideration in this Writ Petition is squarely covered by the Judgment dated 30-3-2007 rendered in Writ Petition No.20006 of 1999, wherein it was held as under: “The Writ Petition was admitted on 27-9-1999 and thereafter on 8-11-1999, this Court granted interim stay of the reversion of the petitioners. The same was made absolute on 20-12-1999. Thus, the petitioners are continuing in the post of Record Assistant till date. Learned counsel for the petitioners, however, stated that the Service Regulations as to educational qualifications etc., for the purpose of appointment by transfer from the category of Watchman to Record Assistant have been amended. The educational qualification prescribed is a pass in SSC and the qualifying service to be rendered in the lower post is three (3) years for the purpose of promotion to the post of Record Assistant. The Management also included the category of Watchman as a feeder post for the purpose of promotion to the post of Record Assistant. Petitioners have asserted in the writ affidavit that they have been appointed initially as Sweeper-cum- Watchwoman-cum-Gardener. This fact is not denied in the counter filed by the respondents. Therefore, there cannot be any doubt that the petitioners were appointed to the Last Grade Service and as such, they are entitled for promotion to the post of Record Assistant, subject to fulfilling the other service conditions. Petitioners were (sic. had), in fact, satisfied all the conditions for promotion to the post of Record Assistant. Hence, the impugned Orders dated 18-9-1999 passed by the 2nd respondent are arbitrary and illegal and as such, they are liable to be set aside. Accordingly, the Writ Petition is allowed and the impugned Orders are set aside. The respondents are directed to continue the petitioners as Record Assistants with all consequential benefits.” Therefore, this Writ Petition is also liable to be allowed in terms of the above Judgment. Accordingly, this Writ Petition is allowed and the impugned Order is set aside. The respondents are directed to continue the petitioner as Record Assistant with all consequential benefits. No order as to costs. 19-4-2008 prk