IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 10197 of 2009 Between: V. Prabhakar, S/o. Padmachary, O/o. Assistant Divisional Engineer, Manthani, N.P.D.C.L., Karimnagar District. ..... PETITIONER AND 1 The Northern Power Distribution Company Ltd of Andhra Pradesh, Rep by its Chairman and Managing Director, Warangal. 2 The Director (Operation) A.P.N.P.D.C.L., Near REC Petrol Pump, Hanamkonda, Warangal. 3 The Chief General Manager (HRD), APNPDCL, Warangal. 4 The Divisional Electrical Engineer, Operation, Peddapally, Karimnagar District. 5 N. Krishna, Additional Divisional Engineer, (DPE.) Khammam. .....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 a writ, order or direction more in the nature of Mandamus declaring that the petitioner as having been promoted to the post of Assistant Divisional Engineer, on regular basis with effect from the date on which he was kept as incharge of the said post vide Memo No. SE.OP.KNR.ADM.PO. D.No. 1628/2003, dated 14-11-2003 with all consequential benefits including seniority, salary attached to the said post etc., by holding the action of the respondents in denying the legitimate claim of the petitioner from promotion to the post of Assistant Divisional Engineer while promoting several of his juniors to the said post even though there is no punishment subsisting as on the said post even though there is not punishment subsisting as on the said date and even removing the petitioner from incharge of the post of Assistant Divisional Engineer Vide Memo No. CMD/CGM (HRD)/GM (S) AS (Estt)PO.A/225-A2/09, dated 11-5-2009 issued by the 1st respondent while continuing juniors to the petitioner including 5th respondent and other juniors shown in the seniority list dated 24-1- 2004 on regular basis in the post of Assistant Divisional Engineer is as illegal, arbitrary, unjust and violative of Articles 14, 16 and 21 and 39 (d) of the constitution and pass Counsel for the Petitioner:MR.D.LINGA RAO Counsel for the Respondent No.: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 10197 of 2009 O R D E R : Learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition with liberty to institute fresh proceedings, in case necessity thereof arises. Accordingly, granting leave and liberty, the writ petition is dismissed as withdrawn. No costs. _____________ G. ROHINI, J Date: 24-08-2009 Note: Issue C.C. by tomorrow. B/o KLP