IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13059 of 2008 Between: 1 B.Venunatha Babu, S/o. B.G.Krishna Murthy, (Telecommunications), AP TRANSCO, Vidyutsoudha, Hyderabad - 500082, R/o. Hyderabad. 2 K.Suresh Babu, S/o. K.Ramanaiah, (Telecomunications), APTRANSCO, 220 KV Sub-Station, Ambapuram, Nellore, A.P. R/o. Nellore. ..... PETITIONER(S) AND 1 The Chairman and Managing Director, APTRNSCO, Vidyutsoudha, Khairathabad, Hyderabad-500082 2 The Joint Managing Director(DRD, Commercial, IPC REforms and IT) APTRNSCO, Vidyutsoudha, Khairathabad, Hyderabad-500082 3 K.V.Nageswara Rao, S/o. not known to the Petitioners, KTPS'C' Station, Kothagudem Thermal Power Station, APGENCO, Kothagudem, Khammam District. 4 K.Somasekhar, S/o. Not Known to the Petitioner, (Telecommunication & I.T.), Office of the Chairman and Managing Director, A.P.S.P.D.C.Limited, Tiruchanur Road, Tirupati, Chittoor District., A.P., 5 Smt. M.Sobha, W/o. not known to the Petitioners, Office of the Superintending Engineer, (Telecommunication), 220 KV Sub-Station, APTRANSCO, Mulugu Road, Warangal, Warangal 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 writ of Mandmaus or any other appropriate writ or direction declaring the action of the respondent No.1 and 2 inpreparing the seniority list of some of the Assistant Engineers as per Regulation 26(a) of A.P.S.E.B. Regulations following the judgment of this Hon'ble C o u rt pased in W.P.No. 19271 of 1994 dated 18-7-2002 which wascopnfirmed by the judgment in W.A.No. 2013 of 2002 dated 23-11- 2007 and confirmed in SLP(C) No. 2711 of 2008 dt. 11-2-2008 by theHon'ble Supreme Court of India, while the petitioners seniority list in the impugned BP (P&G Per)Ms.No. 146 dated 19-9-1995 which is contrary to Regulation 26(a) of A.P.S.E.B. Board Regulations being perpetuated as Discriminatory, illegal, arbitrary and further direct to prepare the seniority list of the petitioners as per Regulation 26(a) of the A.P.S.E.B. Board Service Regulation Part-II, by setting aside the impugned order No. BP (P&G Per) Ms.No. 146 dated 19-9-1995 by the AP SEB, Hyderabad. or pass Counsel for the Petitioner:MR.S.GANESH RAO Counsel for the Respondent No.: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13059 of 2008 ORDER: The then A.P. Electricity Board regularized the services of the petitioners and other similarly placed persons and fixed their seniority, through B.P.Ms.No.146, dated 19.09.1995. The petitioners challenge the same, by pleading that the respondents have violated the principles of determination of seniority and instead of going by the ranking assigned in the selection process, the marks secured during the period of training were added and thereby, the seniority was re-fixed. Reliance is placed upon the Judgment, dated 08.07.2002, rendered this Court in W.P.No.19271 of 1994. Heard Sri S.Ganesh Rao, learned counsel for the petitioner and Sri Balarami Reddy, learned Standing Counsel for the respondents. It is not doubt true that this Court did not approve the action of the respondents as well as their predecessors in determining the seniority, on the basis of the marks assigned during the course of training. However, that was in respect of cases, where the petitioners approached this Court in the right earnest. B.P.Ms.No.59, dated 07.05.1994, was challenged in the writ petition, referred to above, filed in the same year. The writ petition was decided in the year 2002 and the principle was laid. Even assuming that the same principle applies to the petitioners herein, the fact remains that they did not make out any grievance for the past 12 years. The writ petition is hit by the principle of laches. The writ petition is, accordingly, dismissed. There shall be no order as to costs. _________ 24.06.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13059 of 2008 Date: 24.06.2008 JSU