HONOURABLE MS JUSTICE G.ROHINI WRIT PETITION No. 811 of 2008 Date: 12.11.2009 Between: K.Madhava Reddy … Petitioner And The Vice Chairman & Housing Commissioner, Andhra Pradesh Housing Board, Hyderabad and another. … Respondents HONOURABLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 811 of 2008 ORDER: The petitioner herein is working as an Assistant Engineer in the A.P. Housing Board (for short ‘the Housing Board’). This writ petition is filed seeking a declaration that the action of the Housing Board in not fixing the seniority of the petitioner in the cadre of Assistant Engineer from 02.03.1991 on par with his immediate junior is arbitrary and illegal. It is pleaded by the petitioner that he was initially appointed as Tracer and his services were regularized vide proceedings dated 05.10.1985. While so, he was placed under suspension pending enquiry on 12.01.1989 into the alleged involvement in a cheating case. Subsequently, after concluding the enquiry, by proceedings dated 03.05.995, the petitioner was reinstated into service with all consequential benefits including full salary for the suspension period. During the period of suspension of the petitioner, the promotions to the post of Assistant Engineers were effected and since the petitioner was continuing under suspension, he was not promoted along with others. However, after his reinstatement into service on 03.05.1995, he was promoted as Assistant Engineer on 09.08.1995. Thereafter, the respondent-Housing Board prepared a provisional seniority list of Assistant Engineers/Assistant Executive Engineers on 26.04.2002 and called for objections, if any, from all the individuals concerned. The petitioner filed his objections on 20.05.2002 stating that the fixation of his seniority at Sl.No.36 is erroneous and he should have been placed at Sl.No.17 since his immediate junior by name D.Butchi Rajam was placed at Sl.No.18. While the matter was under consideration, the petitioner was again placed under suspension pending disciplinary proceedings. However, the said disciplinary proceeding were set aside by this Court by allowing W.P.No.14014 of 2006. Thereafter, the petitioner made a representation dated 26.09.2007 requesting the respondent to fix his seniority in the cadre of Assistant Engineer with effect from 02.03.1991 along with his immediate junior. Aggrieved by the inaction on the part of the respondent-Housing Board, the present writ petition is filed. In the counter affidavit filed on behalf of the 1st respondent, the seniority claimed by the petitioner has been disputed. However, it is clear from the counter that no final seniority list has been published so far. I have heard the learned counsel for both the parties. Since admittedly, the disciplinary proceedings initiated against the petitioner ended in his favour and all the charges were dropped, the petitioner’s claim for appropriate seniority requires consideration in accordance with law. Accordingly, the Writ Petition is disposed of with a direction to the respondents to consider the objections filed by the petitioner with regard to the provisional seniority list dated 26.04.2002 and pass appropriate orders in accordance with law after hearing the objections if any raised by the other employees also. Until the objections are considered and final seniority list is published, the respondent shall not make any promotion to the post of Deputy Executive Engineer. Accordingly, the Writ Petition is disposed of. No costs. ___________ G. ROHINI, J. Date: 12.11.2009 KLP