IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION Nos :5727 of 1999 and 15201 of 1999 W.P.No.5727 of 1999: Between: 1 K.Ramireddy S/o Madhava Reddy R/o H.No.2-9-17, Ugramapura, Karimnagar. 2 Sheik Muniruddin S/o Late Md.Sikinder R/o H.No.4-6-40 Sultanpet,Jagityal Karimnagar. 3 D.Mutyam S/o Late Ramakistaiah R/o 10-1-286 Bagyanagar Karimnagar. 4 D.Prabhakar Reddy S/o D.Ramreddy R/o Vasavi Colony, Vavilalapalli, Karimnagar. ..... PETITIONERS AND 1A.P.Transmissions Corporation & Generation Corporation of A.P.Ltd.Rep.by its Director,Vidyutsoudha,Somajiguda, Hyderabad. 2Chief Engineer,A.P.Transco,Warangal Zone, Warangal. 3Superintending Engineer,A.P.Transco,Karimnagar, Karimnagar District. 4Md.Waheeduddin S/o Burhanuddin Karimnagar, Respondents 4 to 9 lare impleaded as per court order dt.2-4-99,in W.P.M.P.8103/99. 5M.Papa Rao S/o Mukunda Rao Karimnagar, Respondents 4 to 9 lare impleaded as per court order dt.2-4-99,in W.P.M.P.8103/99. 6G.Shiva Prasad S/o Buchi Ramulu Karimnagar, Respondents 4 to 9 lare impleaded as per court order dt.2-4-99,in W.P.M.P.8103/99. 7A.Thirupathaiah S/o venkataiah Karimnagar, Respondents 4 to 9 lare impleaded as per court order dt.2-4-99,in W.P.M.P.8103/99. 8A.Cheralu S/o Ramchandram Karimnagar, Respondents 4 to 9 lare impleaded as per court order dt.2-4-99,in W.P.M.P.8103/99. 9S.Satyanarayana Swami S/o Laxminarsiah Karimnagar, Respondents 4 to 9 lare impleaded as per court order dt.2-4-99,in W.P.M.P.8103/99. .....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 appropriate Writ, Direction or order more in nature of Writ of Mandamus and declare that the reversion of petitioners as illegal and untenable in law and is in total contravention of BPMS No.99,dt.29-1-88 and regulations of the Board and pass such other and further order or orders which or deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.V.HARI HARAN Counsel for the Respondents: MR.S.SATYAM REDDY W.P.No.15201 of 1999 Between: R.Mohan S/o Sri Venkatramulu, Office of E.R.O., A.P.Transco Metpalli, Karimnagar Dist. ..... PETITIONER AND The A.P.Transmission Corporation Ltd. Rep.by its Superintending Engineer, Karimnagar. .....RESPONDENT 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 the respondent in not promoting the petitioner as U.D.C. in accordance with his seniority and in terms of B.P.Ms.No.263, dt.11/1/99 despite there being a vacancy as arbitrary and illegal and consequently direct the respondent to promote the petitioner as U.D.C with effect from the date when his junior is promoted and pass such other or order or orders as deemed fit and proper in the facts and circumstances of the case and also justice. Counsel for the Petitioner: MR.C.JAPAL REDDY Counsel for the Respondent : P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : COMMON ORDER: The case of the petitioners in W.P.No.5727 of 1999 is that they were appointed as L.D.Cs in the first respondent-Corporation. Subsequently, as they passed in the necessary departmental tests, they were promoted to the post of U.D.C. by Memo Nos.SE.OP.KNR.ESTT.D.No.384/99, 386/99, 387/99 and 389/99, dated 18.02.1999. Thereafter, in pursuance of the directions of the first respondent-Corporation to the second respondent, they were reverted as L.D.Cs by Memo No.SE.OP.KNR.ESTT.D.No.891/99 dated 17.3.1999 and ineligible candidates were promoted to the post of U.D.C. The case of the petitioner in W.P.No.15201 of 1999 is that he was also appointed as L.D.C. in the respondent-Corporation and though he is eligible for promotion in terms of BP. Ms.No.263, dated 11.01.1999, the respondent is not promoting him as U.D.C. Aggrieved thereby, the petitioners filed the Writ Petitions. 2. A detailed counter affidavit is filed by the respondents in W.P.No.5727 of 1999 stating that as per the orders of the respondents- Corporation in BP.Ms.No.263, dated 11.01.1999 and as per the seniority, the petitioners were promoted to the post of U.D.C. by Memos No.SE/OP/KNR/ESTT/D.No.54, dated 12.04.2001, SE/OP/KNR/ESTT/JAO/DO/D.No.2447/05, dated 27.03.2005, SE/OP/KNR/ESTT/D.No.52 dated 12.04.2001 and SE/OP/KNR/ESTT/D.No.64 dated 12.04.2001 respectively. 3. Heard both the learned counsel. 4. In view of the submission of the learned counsel for the petitioners in both the Writ Petitions that all the petitioners were promoted to the post of U.D.C. as per the orders of the respondents-Corporation in BP.Ms.No.263, dated 11.01.1999 and as per the seniority, this Court is of the view that no further orders need be passed in the Writ Petitions. 5. Accordingly, both the Writ Petitions are dismissed. No costs. ____________________ GOPALA KRISHNA TAMADA, J Date: 04.06.2009. CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION Nos. 5727 and 15201 of 1999 (Dismissed ) Date:04.06.2009 CBS