IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO : 865 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 06/09/2008 in WP NO : 25735 OF 2002 on the file of the High Court.) Between: 1 Divisional Engineer Electrical, Operation, Power House Corporation, Ramaraopet,Kakinada, East Godavari District 2 The Superintending Engineer (Operation), Old MRT Office Godavari Bund,Rajahmundry, East Godavari District 3 The Chairman & Managing Director, Eastern Power Distribution Company of AP Ltd., rep.by its CMD SaraswatiPark,Visakhapatnam ..... APPELLANTS AND S.V.B.anand S/o.Late Konda Rao 33/11,KV Aryavatam Sub-Station Aryavatam, Kajuluru Mandal, East Godavari District .....RESPONDENT Counsel for the Appellant:MR.P.R.BALARAMI REDDY Counsel for the Respondent No.: MR.V.SRINIVAS The Court made the following : ORAL JUDGMENT: (per the Hon’ble Smt. Justice T.Meena Kumari) Aggrieved by the order, dated 06.10.2008 passed in WP No.25735 of 2002 by a learned Single Judge while setting aside the memo dated 8.2.2002 issued by the first appellant herein, directed the appellants to consider the case of the respondent herein afresh and pass appropriate orders, the present writ appeal is filed. The father of the respondent died in harness and subsequently, the respondent was appointed on compassionate grounds as Blue Print Operator consequent upon the promotion of one G.Venkateswara Rao, as Assistant Lineman and one Mr. N.Eswara Rao was also given compassionate appointment as Helper. It is case of the appellant that persons appointed subsequent to him in the last grade posts were given promotion as Assistant Lineman, Lineman, etc. but he was continued as Blue Print Operator till 1996. It is his further case that N.Eswara Rao, who was appointed along with him on compassionate grounds as Helper, got promotion as Lineman and subsequently as Line Inspector on 27.3.2001, but he is denied the said benefit through Memo dated 8.2.2002 issued by the first appellant herein. The learned Single Judge on extensive consideration of the contentions raised by the counsel on either side, while setting aside the Memo dated 8.2.2002 remitted back the matter to the respondents observing that it is just and proper on the part of the respondents to consider the case of the petitioner quoting the Rules and Regulations as well as the provisions under which Mr. G.Venkateswara Rao was promoted from the post of Blue Print Operator to the post of Assistant Lineman and why the appellant is not entitled to the said benefit. Admittedly no counter was filed by the appellants herein in the above writ petition. In the facts and circumstances of the case, without adverting to merits or otherwise of the contentions raised before this court, while granting liberty to the appellants herein to avail the remedies open to them in accordance with law, before the learned Single Judge, the writ appeal is dismissed. No order as to costs. ____________________ Justice T.Meena Kumari __________________ Justice Sanjay Kumar July 2, 2009 MAS.