IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.20126 of 2006 Between: P.L.Bhatnagar, s/o late Dr.Ramji Lal Bhatnagar, R/o H.No.18-7-179/5, Outside Gowlipura, Hyderabad. ..... PETITIONER AND 1 The Chairman & Managing Director, A.P.Transco, Vidyuth Soudha, Hyderabad. 2 The Chairman & Managing Director, A.P.C.P.D.C.L., Singareni Bhavan, Red Hills, Hyderabad. 3 The Superintending Engineer, Operation, South Circle, A.P.C.P.D.C.L., Mint Compound, Hyderabad. 4 The Divisional Engineer, Electrical, Operation City III Division, A.P.C.P.D.C.L., Salarjung Road, Hyderabad. ....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 particularly one in the nature of a writ of mandamus declaring the action of fourth respondent in issuing the impugned Memo No.DEE/OP/Charminar/ADM.A2/D.No.1378/2005, dated 3-12- 2005 as arbitrary, illegal and set aside the same and consequently direct the respondents to issue appointment orders to Special Grade Post w.e.f. 1-4-1981 and Special Promotion post as on 1-4-1981 as per B.P.No.676, dt.7- 8-1981 and also as Foreman Grade-I to the petitioner on par with his junior Mr.Francis and allow him Pay Fixation from time to time and revised pensionary beneﬁts and arrears and pass such other order or orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case and in the interest of justice. Counsel for the Petitioner: Mr. MD.YOUSUFUDDIN Counsel for Respondents: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.20126 of 2006 ORDER: This Writ Petition is ﬁled seeking a Mandamus declaring the Memo No.DEE/OP/Charminar/ADM.A2/D.No.1378/2005, dated 3-12-2005 issued by the 4th respondent as arbitrary and illegal; consequently, to direct the respondents to issue promotional orders to the petitioner for special grade post with eﬀect from 1-4-1981 and special promotion post on 1-4- 1981 as per B.P.Ms.No.676, dated 7-8-1981 and also as Foreman Grade I, on par with one Mr. Francis and direct the respondents to ﬁx the pay of the petitioner from time to time and also pay the arrears of revised pension thereafter. Respondent No.4 has ﬁled a detailed counter reiterating the same stand as was taken in the impugned Order dated 3- 12-2005. The bone of contention of the petitioner is that though he made several representations and approached this Court and obtained orders in various Writ Petitions for considering his case on par with Mr. Francis, his case was compared with that of irrelevant persons and the impugned Order was passed. The grievance of the petitioner is that unless his case is compared with that of Mr. Francis, the respondents may not be able to come to a proper conclusion for the purpose of ﬁxing his pay in the special grade post as well as special promotion post and also Foreman Grade-I post. The impugned Order does not speak as to whether the case of the petitioner was compared with that of Mr. Francis for the purpose of promotion and putting him on the special grade etc. Under those circumstances, without expressing any opinion on merits, petitioner is given liberty to ﬁle a detailed representation ventilating his grievances and giving all the details relating to Mr. Francis and seeking for issuance of promotion orders to special grade post and special promotion post with eﬀect from 1-4-1981 as per B.P.Ms.No.676, dated 7- 8-1981 and also as a Foreman Grade-I on par with his junior Mr.Francis. Petitioner shall ﬁle a representation within a period of one month from the date of receipt of a copy of this Order and on receipt of such representation along with the documents, the respondents shall examine the same and pass appropriate orders, as per law, whether the case of petitioner could be compared with that of Mr. Francis and whether Mr. Francis was junior to the petitioner and whether any injustice was done to him in granting special grade and special promotion post and also promotion to the post of Foreman-I, within a period of three months from the date of receipt of a copy of this Order and communicate the same to the petitioner. With the above directions, the Writ Petition is disposed of. No order as to costs. 22-10-2008 prk