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Andhra Pradesh High Court - Amravati

S Kalyana Chakravarthy vs The State Of Andhra Pradesh on 28 November, 2024

       lN THE HIGH COURT OF ANDHRA PRADESH: AT AMAR

                           (Special Original Jurisdiction)
             THURSDAY, THE TWENTY EIGHT DAY OF NOVEMB

                      TWO THOUSAND AND TWENTY FOUR

                                      :PRESENT:
             THE HONOURABLE DR JUSTICE K MANMADHA RAO
          W.P.Mos. 9996,11089,11476 of 2021 AND 29140 OF 2023

yyP.Not 9996 of 202_1i
Betwee n :
  1.    G. Kiranmai, D/o. G.Ramulu Age. 42 Years, Deputy Executive Engineer

       (P & MM), FIat No.105, KVR Kailash heights, Near SLV Amaravathi
       Ground, Nunna By pass Road, Vijayawada, Andhra Pradesh -520004
  2.    K.Jaya Prakash, S/o.K.Balaswamy Age.42 Years, Deputy Executive
       Engineer (Comm) /CRDA), O/o Superintending Engineer/OP/CRDA,
       Raipudi, Guntur District, Andhra Pradesh
  3.    K.V.Chandramouli, S/o.Srinivasa Rao, Age.44 Years, Deputy Executive
       Engineer (EBC), Flat No.301,Pearl ResI'denCy,Opp.ITI College Govt

       Polytechnic Road, Vl-jayawada, Andhra Pradesh -520008
  4.   K.Hari      Babu,   S/c   Narasimhulu,   Age.43    Years,   Deputy      Executive
       Engineer (lT), Flat No.403, Srinilaya Apartment, Opp. Loyola College

       Auditorium, Venkateswara         Nagar, Vijayawada, Andhra              Pradesh -
       520008.
 5.    V.Jayalakshmi, W/o U.Siva Shankar Age. 42 Years, Deputy Executive
       Engineer (SCADA), p/o Superintending Engl'neer/SCADAIAPCPDCL,
       Gunadala, Vijayawada, Andhra Pradesh
 6.    Mohammad Asadulla, S/o.          M.Abdul Aziz, Age. 45 Years,             Deputy
       Executive Engineer/HT and LT Meters-lI/Ongole, D.No.17-19-25, AZAD
       Nagar, Anandapet 5th Lane, Guntur, Andhra Pradesh
 7.    O.N.S.V.Durga Rao, S/o. Venkatarathnam Age. 49 Years, Deputy
       Executive     Engineer/OpITown/Nuziveedu,         Krishna   District,    Andhra
       Pradesh
                                                                                           2



8.    K.Dasarathan,    S/o.R.Krishnan,     Age.       45     Years,    Deputy       Executive
      Engineer/Op/Dachepalli, APCPDCL, Guntur District, Andhra Pradesh
9.    G. Sarath Chandra, S/o Subba Rao Age. 43 Years, Deputy Executive
      Engineer (Projects), Flat No.109, Garudas Crest Apartment, Gunadala,
     Vijayawada, Andhra Pradesh
10. J. Sreenivasulu, S/o. Sankaraiah, Age. 50 Years, Deputy Executive
      Engineer/OIVetapalem,         Jandrapeta,     Vetapalem,         Prakasam      District,
     Andhra Pradesh
ll.M.   Sunnel   Kumar,      S/o.    M.Krupadanam            Age.     43   Years,    Deputy
     Executive Engineer (SAP), O/o General Manager / (IT and SAP)
     Corporate Office, beside Govt Polytechnic College, Vijayawada, Andhra
     Pradesh -520008
12. S. Kodanda Rama Prabhu, S/o. S.S.A.Narayana Rao, Age. 42 Years,
     Deputy Executive Engineer (Projects), Flat No. 401, Aravali Residency,
     Kanuru Colony, Vijayawada, Andhra Pradesh
13. N. Sheshu Kumar, S/o NVL Narayana Rao Age. 41 Years, Deputy
     Executive   Engineer     (O     &    M-II),     Corporate        Office,   APCPDCL
     Vijayawada, Andhra Pradesh
14. N.S. Maneswara Rao, S/o Amara Lingeswara Rao Age.I 47 Years,
     Deputy Executive Engineer/O/Avanigadda, APCPDCL, Krishna District,
     Andhra Pradesh
15. T. Srinivasa Rao, S/o Kanakaiah Age. 43 Years, Deputy Executive
     Engineer/OIVinukonda, APCPDCL, Guntur District Andhra Pradesh
16. O.S.V.Sastry,     S/o.   O.Chidambara          Sastry,    Age.42       Years,    Deputy
     Executive Engineer (Projects), Flat No.403, Srinilaya Apartment, Opp.
     Loyola College Auditorium, Venkateswara Nagar, Vijayawada, Andhra
     Pradesh -520008.
17. N.S.V.Prasad, S/o. Bhaskara Rao, Age. 42 Years, Deputy Executive
     Engineer/TRE and SPM/Gunadala Flat No.402, Garlayadda Ramya
     Residency, Near Zion School, Eluru Road, Gunadala Vijayawada,
     Andhra Pradesh -520004
                                                                                   3



 18. Thotakura Srinl'vasa Rao, S/o. Hanumantha Rao, Age. 45 Years,
     Deputy Executive Engineer/Operation, Sub-Division, Chirala, APCPDCL
     Prakasam District, Andhra Pradesh
 19. CH.R.K.Manikyala Rao, S/o Satyanarayana Age. 45 Years, Deputy
     Executive     Engineer/O/Pedana,    APCPDCL      H.No.1-35/ll,    YSVSRK
     Prasad Krishna District, Andhra Pradesh -521366
20. K.Ravi Kumar, S/o. K.Papaiah, Age. 47 Years, Deputy Executive
     Engineer/DPE O/o. Executive Engineer/DPE-1/Guntur, Room.No.313,
     Vidyuth     Bhavan,   APCPDCL      Sndrakunta,   Guntur   District,   Andhra
     Pradesh
21. K. Venkata Rao, S/o. Surya Prakash Rao, Age. 45 Years, Deputy
     Executive Engineer (P & MM), O/o. Chief General Manager/P and
     MM/Corporate Offl-ceIViJ'ayaWada, YSR Vidyut Bhavan, Opp. Ramesh
     Hospital,   beside Govt.    Polytechnic College, VI'jayaWada, Andhra
     Pradesh -520008.

                                                                   PetitI-OnerS
                                      AND
1.   The State of Andhra Pradesh, Represented by its principal secretary,
     Energy Department), Velagapudi, Amaravati, Guntur District, Andhra
     Pradesh
2.   The Andhra Pradesh Central Power Distribution Corporation Ltd., Rep.
     By its Chairman and Managing Director, Corporate Office, beside
     Polytechnic College, ITI Road, Vijayawada, Krishna District, Andhra
     Pradesh -520008
3.   The Southern Power Distribution Company of A.P. Limited, Rep. By its

     Chairman and Managing Director, Corporate Office, Vidyut Bhavan,
     Tiruchanuru Road, Tirupathi Andhra Pradesh.
4.   The   Director    (Technical),   APCPDCL,    Corporate    Office,     beside
     Polytechnic College, lTI Road, Vijayawada, Krishna District, Andhra
     Pradesh -520008
                                                                                           4


    5.    The General Manager (HR), APCPDCL, Corporate Offl'ce, beside
         Polytechnic College, ITI Road, Vl-jayawada, Krishna District, Andhra
         Pradesh -520008.
    6.    Enukollu Balarami Reddy, Deputy Executive Engineer Construction,
         Sub-Division, Office APCPDCL, Narasaraopet, Guntur District, Andhra
         Pradesh.
    7.    B. Raja Mohanrao, Deputy Executive Engineer, Guntur Town- III Sub-
         Division Office APCPDCL, Guntur District, Andhra Pradesh.
   8.    Chavala Tejopanth, Deputy Executive Engineer, Tenali Rural 1 Sub
         Division Office APCPDCL, Tenali, Guntur District, Andhra Pradesh.
   9.    O. Basava Raju, Deputy Executive Engineer Operation Sub Division
         Office, kalikaluru, APCPDCL, Krishna District, Andhra Pradesh.
   10. J. Balaji, Deputy Executive Engineer, Operation Sub Division Office,

         Vijayawada, APCPDCL, Vijayawada, Krl'shna District, Andhra Pradesh.


    Respondent Nos.6 to 10 impleaded as per Court Order, dt.22.07.2021 vide
    I.A.No.2/2021 in the Petition and affidavit.

                                                                         Respondents

         Petition under Article 226 of the ConstitutI-On Of India is filed praying that
in the circumstances stated in the affidavit filed therewith, the High Court may
be pleased to issue WrI't Of Mandamus declaring the action of Respondents in
issuing Memo No. APCPDCL/ CMD/DIR(TECH)/ GM(HR)/DGM/PO(Adm)

/Asst/D.No.992/21,      Dt.17.03.2021,    unsettling   petitioner's   settled   senl-ority

basing upon the seniority in the cadre of Assistant Engineer instead of taking
into consideration of the seniority in the cadre of the Deputy Executive
Engineer as the same is arbitrary, illegal, unreasonable, discriminatory,
without jurl'sdiction and in violation of well settled principles of na'tural justice

and contrary to the ratio laid down by the Hon'ble Apex Court and also volition
of direction given       by one man committee headed by Hon'ble Justice
Dharmadhikari which became final and enforceable between the parties.
                                                                                              5




lANO: 1 OF2021



       Petition   under     section      151   CPC     is   filed   praying   that    in   the
circumstances stated in the affidavit filed in support of the writ petition, the
High Court may be pleased to suspend the operation of the impugned Memo
No.APCPDCL/CMD/DIR(TECH)/GM(HR)/DGM/PO(Adm)                               Asst/D.No.992/21,

Dt.17.03.2021, pending disposal of the Writ Petition No.9996 of 2021, on the
file of the High Court.



      The petition coming on for hearing, upon perusing the petl'tion and the
affidavit filed in support thereof and the order of the High Court dated
08.05.2O24124.06.2024I          ll.07.20241    18.07.2024101.08.2024108.08.20241

22.08.2024, 05.09.2024,19.09.2024,17.10.2024, 26.10.2024 & 07.ll.2024 &

14.ll.2024 & 21.ll.2024 made herein and upon hearing the arguments of sri
Ghanta Sridhar Advocate for the Petitioners, GP for Energy for Respondent
No.1 and Sri.V.V.Satish, Standing Counsel for Respondent No.3 to 5,I


W.P.No.11089 of 2021


Betwee n :
   1. Jana Sreenivasulu, S/o J. Seshaiah Aged about 58 years, Executive
      Engineer Electrical, APCPDCL, Vijayawada, R/o ViJ-ayaWada.
  2. M.Sambasiva Rao, S/o Late Venkataramaiah, Aged about 55 years,
      Executive Engineer Electrical, APCPDCL, Vijayawada, R/o 15-551-9-9,
      Edepalli,    Street       No.08,     Panchayat        Raja    Employees         Colony,
      Machilipatanam, Krishna District.

  3. M. Srinivasa Rao, S/o Bhagawan Rao Aged about 55 years, Executive
      Engineer    EIectrical,    APCPDCL,       Vijayawada,         R/o    Flat      No.   C2,
     Srinl'vasam Appartment, SVN Colony, 2nd line, Guntur, Andhra Pradesh.
                                                                                      6



4. S. Srinivasa Rao, S/o Venkayya, Aged about 55 years, Executive
  Engineer Electrical, APCPDCL, Vijayawada, R/o Flat No.105, Tirumala
  Palace, Brundavan Gardens, Lane No.5 Guntur, Andhra Pradesh

                                                                         Petitioners
                                         AND
  1.    The      State   of Andhra   Pradesh,    Represented     by     its   Principal
       Secretary, (Energy Department), VeIIagapudi, Amaravati, Guntur
        District, Andhra Pradesh
 2.     The Central Power Distribution Corporation, of Andhra Pradesh Ltd.,
       Rep. By its Chairman and Managing Director, Corporate Office,
       beside Polytechnic College, lTI Road, Vijayawada, Krishna District,
       Andhra Pradesh -520008
 3.     The      Director (Technical),    Corporate   Office,   beside -Polytechnic
       College, lTI Road, Vijayawada, Krishna District, Andhra Pradesh -
       520008
 4.     The General Manager (HR), Corporate Office, beside Polytechnic
       College, lTI Road, Vijayawada, Krishna District, Andhra Pradesh -
       520008.
 5.     A Murali Mohan, Aged about 56 years, Superintendent Engineer,
       Operation Circle, Sangadigunta, Guntur, Andhra Pradesh
 6.    K.V.G Satya Narayana, Aged about 57 years, Superintendent
       Engineer, Operation Circle,         Ongole,    Prakasam     District, Andhra
       Pradesh.
 7.    K.V.S.Satyanaryana, General Manager/S.E APCPDCL Corporate
       office,    beside   Government     Polytechnl'c,   ITI   Road, Vijayawada-
       520008
 8.    T.Venkateswara Rao, General Manager/S.E APCPDCL Corporate
       office,    beside   Government Polytechnic,        ITI   Road,    Vijayawada-
       520008, Andhra Pradesh.
                                                                                7


 9.    M. Aplhons,       Executive Engineer, Andhra Pradesh Solar power
       Corporation LTD., NH-16, Service Road, TadapelII--522501, Guntur

       District Andhra Pardesh.
 10. K.Venkata Krishna, Executive Engineer, DPE-I, Vl'jayawada Circle,

      APCPDCL, near PWD Ground, Governor peta, Vijayawada 520002.
 ll. M.Satyanandam,        Executive    Engineer    M&P-I,     Guntur      Circle,

      APCPDCL, Vidyut Bhavan, Sangadi Gunta Guntur-522003.
12. S.Prasana      Kumar,     Executive    Engineer,    Operation,      Markapur
      APCPDCL Markapur post, prakasam District, Andhra Pradesh
13. G.Jai kishore Babu, Executive Engineer, O&M-2 C/o CGM O&M -2

      office, APCPDCL, Near PWD Ground, Governor Peta, Vijayawada-
      520002.
14. P.Subramanyam, Executive Engineer/ Assessments APCPDCL, 2nd
      floor, near PWD ground, Governor Peta, Vl-jayawada -520002
15. T.B Vara Prasad Rao, Executive Engl-neer, Operation APCPDCL,

      Nuziveedu post, Krishna District, Andhra Pradesh.
16. N.Pichaiah, Executive EngineerITech, C/o Superintending Engineer
      office, APCPDCL Penumaka - Amarvathi Road, Rayapudi-522239,
      Guntur District Andhra Pradesh.
17. P.Vijay     Kumar,     Executive    Engineer   operation   Amravati,     C/o
      Superintending Engineer office, APCPDCL Penumaka- Amarvathi
      Road, Rayapudi-522239, Guntur District, Andhra Pradesh.
18. P. Sudhakar, Executive Engineer, P&MM, APCPDCL Corporate
      office, beside Government Polytechnic, lTI Road, Vijayawada -
      520008
19. K.V.L.N Murthy, Executive Engineer/DPE-Il, Guntur Circle Office,

      APCPDCL, Vidyut Bhavan, Sangadi Gunta, Guntur-522003.
20. G. AnJ'aneyulu, Executive Engineer, Operation Tenali, APCPDCL,
      Guntur Road, Tenali Post, Guntur District, Andhra Prades-h
                                                                                    8


       21. Tatiparthi Venakateswara Rao, Executive Engineer, construction
          APCPDCL, Vidyut Bhavan, Nellore Road, Ongole post, Prakasam
           District, Andhra Pradesh.
      22. K.    Venkateswarlu,     Executive    Engineer,    Operation    APCPDCL,
          Kandukuru Post, Praksam District, Andhra Pradesh.
      23. J. Sreenivasulu Reddy, Executive EngineerITech, Guntur Circle,
          APCPDCL, Vidyut Bhavan, Sangadi Gunta, Guntur-522003.
      24. Ch.   Ramesh,     Executive Engineer, Operation Town -ll, Guntur,
          APCPDCL, Vidyut Bhavan, Sangadi Gunta Guntur 522003.


       Respondent Nos 7 to 24 impleaded as per C.O.dt 01.08.2024 vide
       IA.No 02 of 2021 in W.P.No.11089 of 2021

                                                                     Respondents


       Petition under Article 226 of the Constitution of India is filed praying that
in the circumstances stated in the affl'davit filed therewith, the High Court may
be pleased to issue a writ, order or direction, more particularly on in the
nature of Writ of Mandamus declaring the action of Respondents in issuing
memo No. CMD/Dir(Techl.)/GM(HR))/DGM/PO(Adm)/JPO/D.No.949/21, dated
17-03-2021, unsettling petitioners settled seniority basing upon the seniority
list in the cadre of Assistant Engineer in APSEB which ceased to be in
operation with effect from 17-08-2002 instead of taking into consideration of
the seniority in the cadre of the Executive Engineer as the same is arbitrary,
illegal, unreasonable, discriminatory, without jurisdiction and in violation of well

settled principles of natural justice and contrary to the ratio laid down by the
Hon'ble Apex Court and also volition of direction given by one man committee
headed by Hon'ble Justice Dharmadhikari which is final and enforceable
between the parties.
                                                                                                9


lANO: 1 OF2021



        Petition    under    section   151    CPC     is    filed   praying    that     in   the
circumstances stated in the affidavit filed in support of the writ petition, the
High Court may be pleased to suspend the operation of the impugned Memo
No. CMD/Dir(TechI.)/GM(HR)/DGM/PO(Adm)/PO/D.No.949/21, on dated 17-

03-2021, pending disposal of the writ petition No.11089 of 2021, on the file of

the High Court.



         The petition coming on for hearing, upon perusing the petition and the
affidavit filed in support thereof and the order of the High Court dated
o8.05.2024124.06.2024,ll.07.2024]            18.07.2024101.08.20241            08.08.2024I

22.08.2024, 05.09.2024,19.09.2024,17.10.2024, 26.10.2024 & 07.ll.2024 &

14.ll.2024 & 21.ll.2024        made herein and        upon hearing the arguments of
Sri Ghanta Sridhar,         Advocate for the         petitioners,    GP for Energy for
Respondent No.1, Sri.V.V.Satish, Standing Counsel for Respondent Nos.2 to
4,    Smt.Kavitha    Gottipati,    Advocate    for    Respondent       Nos.5     &      6    and
Sri.C.Srinivas Baba, Advocate, for Respondent Nos.20 to 22.


W.P.No.11476 of 2021


Between :
     1. G. Satyanarayana, S/o Late Sri G. Dasaratha Ramaiah, Aged 57 years,
       Occ: Executive Engineer, APSPDCL, R/o FIat No.401, Anusha Arcade,
       Silpa Avenue Colony, Hyder Nagar, Hyderabad.
     2. M. Umapathi, S/o M.G. Benakappa, Aged 54 yrs, Occ': Executive
       Engineer, APSPDCL, Flat No.104, Saikrupa Nivas, Balaji Nagar, Near
       Kesavareddy School, KurnooI.
     3. M.   Surendra,      S/o M.     Narayana, Aged 55 years,           Occ:        Executive
       Engineer Operations, APSPDCL,            R/o        D.No. 6-4-239-2,      3rd Cross,
       Maruthi Nagar, Ananthapuram, Ananthapuram District.
                                                                              10


 4. Ch. Rama Chandra Rao, S/o Balachandraiah, Aged 54 years, Occ:
    Executive    Engineer,   APSPDCL,        R/o   D.No.45-24M,    Ashok   Nagar,
    Kurnool, Kurnool District.

 5. R. Seshadri Sekhar, S/o R. Anjaneya Raju, Aged 53 years, Occ:
   Executive     Engineer,   APSPDCL,        R/o   D.No.1-1-404,   R.K.    Nagar,

   Ananthapuram, Ananthapuram District.
6. P. Rajanikantha Reddy, S/o.P.Somasekhar Reddy Aged 54 years, Occ:
   Executive Engineer, APSPDCL, R/o o D.No.45-24M, Ashok Nagar,
   KurnooI, KurnooI District

7. J. Mosses, S/o J.Paul Aged 54 years, Occ: Executive Engineer,
   APSPDCL, R/ON.G.s colony Kadiri, Anantapur District

                                                                   Petitioners
                                     AND
1. The State of Andhra Pradesh,              Rep.by its Prl Secretary, Energy
   Department, Secretariat Buildings, Amaravathi.
2. Andhra     Pradesh   Southern     Power    Distribution   Company   Limited,

   (APSPDCL), Rep. by its Chairman and Managing Director, APSPDCL
   Corporate Office, Tiruchanoor Road, Tirupati, Chittoor District.
3. Chief General Manager, HRD APSPDCL Corporate Office, Tiruchanoor
   Road, Tirupati, Chittoor District.
4. T.Nagaraju, S/o. Not Known, aged about 58 years, Superintendent
   Engineer (Electrical)^^/orkl'ng as general Manager, Enquiries Corporate
   Office , APSPDCL Tirupathi, Chittoor District.
5. G.Bala     Krishna   Reddy,     S/o.   Not Known, Aged about 58 years,
  Occ:Executive Engineer, Transformers DI-Vision, APSPDCL Tirupathi
  Chittoor District

6. Pamula Murali, S/o. Not Known, Aged about 56 years, Occ: Executive
  Engineer, Transformers Division APSPDCL, Kadapa, YSR Kadapa
  District.
                                                                                              ll

    7. Rachamalla Chandra Sekhar Reddy, S/o Not Known, Aged about 56

       years, Occ Executive Engineer, DPE Division, APSPDCL, Kadapa, YSR
       Kadapa Distrl.ct.

    8. V.Vijayan, S/o.Not Known, Aged about 55 years, Occ:                            Executive
       Engineer         Operations     Division,    APSPDCL,       Madanapalle,        Chittoor
       District.

    9. Banala Muralidhar Babu, S/o. Not Known, Aged about 55 years,
       Occ:Executive Engineer Enquiries and Assessment, Corporate Office,
       APSPDCL Tirupathi, Chittoor District.

                                                                               Respondents


       Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the Hl'gh Court may be

pleased to issue a writ or dl'rection more particularly in the nature of writ of
Certiorari,   calling      for   all   connected    records    including     the     impugned
Proceedings        of      the     2nd     Respondent         in      Memo         No.CMD/C
GM/HRD/JS/HR/GM/HR/DGM(Trg.)/JPO.1/D.No.337/21, dated 03.04.2021 of
final integrated seniority list of Executive Engineers/EIectrical of the 2nd
Respondent Company is contrary to Rule 7(6)(e) of AP Electricity Reforms

(Transfer Scheme) Rules 1999 as well as contrary to Andhra Pradesh State
EIectricity Board special Service Regulation 10 of Part III Note iii and iv,

contrary to Section 78 & 82 of Andhra Pradesh Reorganisation Act, Trl'partiate
Agreement dated o9.09.1997, the Judgement of the Hon'ble High Court for
composite State of Andhra Pradesh in W.P.No.10726 of 2002 & batch, dated
30.ll.2004 contrary to supplementary report of one man committee of Justice
Dharmidhikari, Articles 14 and 16 of the Constitution of India and quash the

same as illegal, improper, unjust, arbitrary and violative of principles of
Natural Justice, contrary to Andhra Pradesh State Electricity Board Service
Regulations and setaside the impugned promotion orders issued in favour of
the unofficial Respondents vide Memo S.O.O. (CGM-HRD)Rt.No.417, dated

03.04.2021    and        consequently     declare   the   rejection    order    in    Memo
                                                                                               12



No.CMD/CGM/HRD/JS/HR/GM/HR/DGM(Trg.)/JPO.1/D.No.162/21,                                    dated

03.04.2021 as illegal improper and contrary to rules and further declare that
the Petitioners are entitled to have count the Seniority in the cadre from the
date of their transfer on Administrative grounds from TSSPDCL to APSPDCL
with   all   consequential    benefl|ts   including    seniority,     promotion,      monetory
benefits etc., from the date of the promotion of Petitioner's Juniors and
consequently place the Petitioners in appropriate place in the final integrated
seniority list in the cadre of Executive Engineers, dated 03.04.2021 with all
consequential benefits including promotion seniority monetary, etc.


IANO: 1 OF2021



       Petition   under   Section     151    CPC      is    filed    praying   that   in     the

circumstances stated in the grounds filed in support of the petition, the High
Court may be pleased to not to effect any further promotions based on the
impugned Memo No. CMD/CGM/HRD/JS/HR/GMAIR/DGM(Trg.)JPO.1/D.No.

337/21, dated 03.04.2021 i.e., final integrated seniority list in the cadre of
Executive Engineers, forthwith, pending disposal of W.P.No.11476 of 2021, on
the file of the High Court.


lANO: 2OF2021


       Petition   under   Section     151    CPC       is    filed    praying-that    in    the

circumstances stated in the grounds filed in support of the petition, the High
Court may be pleased to suspend the operation of impugned Memo
No.CMD/CGM/HRD/JS/HR/GM/HR/DGM(Trg.)JPO.1 /D.No.337/21,                                    dated

03.04.2021, issued by the 2nd Respondent forthwith, Pending disposal of
W.P.No.11476 of 2021, on the file of the High Court.
                                                                            13




       The petition coming on for hearing, upon perusing the petition and the
affidavit filed in support thereof and the order of the High Court dated
08.05.2024,     24.06.2024,ll.07.2024118.07.2024]   01.08.2024108.08.2024I

22.08.2024, 05.09.2024,19.09.2024,17.10.2024, 26.10.2024 & 07.ll.2024           &

14.ll.2024 & 21.ll.2024 made herein and upon hearing the arguments of
Sri.K Ramamohan, Advocate for the Petitioners, GP for Energy for the
Respondent No.1 and Sri V.V.Satish, Standing Counsel for Respondent No.2
&3-



W.P.No 29140 of 2023


Betwee n :
  1.    S Kalvana Chakravarthv. S/o S. Naclarathnamaiah. Aaed 51 vears. Occ.
                                                        I   \J    ;I   _



       Deputy Executive Engineer, APSPDCL, R/o D.No.17/1/212/6, Guru
       Sannidhi, Tarakarama Kuttala, VenugopaI Nagar, Anantapur -515 001.
  2.   M. Purushotam, S/o Late Pompaiah, Aged 52 years, Occ. Deputy
       Executive Engineer/Operation/Adoni, APSPDCL, R/o.D.No.MIG.No.ll,

       APHB Colony, Adoni, Kurnool District -518 302.

  3.   N. Mahesh Kumar, S/o N. Nagabushanam, Aged 52 years, Occ. Deputy
       Executive Engineer/Construction/Gooty. APSPDCL, R/o.D.No.4-871-10,
       Balaji     Homes,        Kalyanadurgam    bye-Road,       Ananthapuram,
       Ananthapuram District.
  4.   T. Nagendra, S/o.Lingamaiah Aged 51 years, Occ. Deputy Executive
       Engineer, Town-I, Anantapur, APSPDCL, Power Office, Old Town,
       APSPDCL, Anantapur.
  5.   G. Yellappa, S/o Late G. Venkateswarlu, Aged 53 years, Occ. Deputy
       Executive Engineer, Construction-I, Kurnool, APSPDCL, Vidyut Bhavan
       Premises, APSPDCL, BeIIary Road, KurnooI, Near 132 rv Sub-Station,
       KurnooI District.
                                                                                   14



6.    M.M.Guruu Linga Charyulu, S/o M.Rama Krishna, Aged about 52 years,

     Occ.   Deputy Executive      Engineer/Protection-II    KurnooI,    R/o. Vidyut

     Bhavan Premises, Ballari Road, APSPDCL, Near 132 IIV Sub Station,
     KurnooI, Kurnool District.

7.    V.V.Mohan Kumar, S/o Venkataiah, Aged about 45 years, Occ. Deputy
     Executive Engineer, APSPDCL, H.T Meters, R/o.Flat No.A-304, Skanda
     Park, View Apartments A-Kamp Kurnoo1.518002
8. A. Nagendra, S/o A. Anjanaiah, Aged 47 years, Occ. Deputy Executive
     Engineer/DPE-II/Anantapur       Power    House,       APSPDCL,     Old    Town,
     Anantapur.
9.    P Subramanyam, S/o P.Gopalaiah, Aged about 46 years, Occ. Deputy
     Executive Engineer/DPE, Nellore R/o. H.No.16-4-4-C3, Plot No.68,

     Katam Reddy Nagar, Dhanalakshmi Puram, NeIIore, Vidyut Bhavan,
     APSPDCL, Nellore District.
10. V. Gururaju, S/o V. Raghavendra Rao, Aged about 47 years, Occ.
     Deputy Executive Engineer, Operation, Kalyanadurgam, APSPDCL,
     R/o.D.No.45-458, Parvathi Nagar, Kalyanadurgam, Anantapur District
ll. B. Praveen Kumar, S/o Sanjeeva Rayudu, Aged 49 years, Occ. Deputy
     Executive Engineer, APSPDCL, R/o.H.No.28-5-361, MIG-245, Purnasai
     Nilayam, APHB Colony, Anantapur.
12. K.Ramanjaneyula Reddy, S/o Satyanarayana Reddy, Aged about 50

     years, Occ. Deputy Executive Engineer, DPE-I, Anantapur, H.No.PIot
     No.1 14th Cross Bhairava Nagar, Near RTO Office, Anantapuram.
13. K. Joshua Ratnakar, S/o Prabhudas, Aged 43 years. Occ. Deputy
     Executive Engineer/CT Meters/ Nandyal, APSPDCL, KurnooI Circle,
     R/o.H.No.87-896-B,   Tribal    Welfare    Colony,      Near Telecom      Nagar,
     Kurnool-518002.

14. V.Hema Kumar, S/o.Pandushetty, Aged about 45 years, Occ. Deputy
     Executive Engineer/Protection APSPDCL, R/o.H.No.28-96/6, Kothapet
     Cross, Punganur Mandal, Chittoor District-517 247.

                                                                       PetitI-OnerS
                                                                                          15




                                            AND
    1, The State of Andhra Pradesh, Represented by I-ts Principa-I Secretary,
        Energy Department, Secretariat Buildings, Amaravathl'.
    2. Andhra       Pradesh    Southern    Power     Distribution      Company     Limited

        (APSPDCL), Rep. by its Chairman and Managing Director, APSPDCL
        Corporate Office, Tiruchanoor Road, Tirupati, Chittoor District -517
        503.

    3. Chief General Manager HRD, APSPDCL Corporate Office, Tiruchanoor
        Road, Tirupati, Chittoor District -517 503.
    4. Akuthota Venkata Prasad, S/o.Not known, Aged about 55 years Occ.
        Deputy Executive Engineer APSPDCL Corporate Office, Tiruchanoor
        Road,Tirupati, Chittoor District. Employee ID. 3721

    5. L.Lakshmi Prasuna, W/o Not Known , Aged about 48 years, Occ.
        Deputy Executive Engineer, Customer service Center, Viduyut Bhavan,
       APSPDCL, Nellore -524004, Employee I.D.6360
    6. Kona Srikanth Reddy, S/o.Not known, Aged about 50 years, Occ.
        Deputy Executive Engineer /Construction/Anantapurm. Room No.205,
        Power House, APSPDCL, Anantapur -515001 Employee D.No. 56005
    7. N.Harisevya Naik, S/o.Not Known, Aged about 44 years Occ. Deputy
        Executive     Engineer       Customer     Service    Center,    Viduyut    Bhavan,
       APSPDCL, Kadapa 5160O4, Employee I.D.13290
    8. L.Prasad, S/o.Not known, Aged about 45 years, Occ. Deputy Executive
       Engineer/D.P.E.lI/NeIIore Viduyut Bhavan, APSPDCL, Nellore. 524004

       Employee I.D.6171

                                                                          Respondents
       Petition under Article 226 of the Constitution of India is filed praying that
in the circumstances stated in the affidavit filed therewith, the High Court may
be pleased to l'ssue a Writ or dl-rectl-on more particularly in the nature of Writ of

CertiorarI',   Calling   for   all    connected    records    including   the     impugned
                                                                                         16



 Proceedings of the 2nd Respondent in Memo No.C M D/CG M(HRD)/JS(HR)/
 GM(P)/DGM(P)/PO(P)/JPO.A1/D.No.409/23,               dated     31.08.2023      of    final
 integrated seniority list of Deputy Executive Engineers/EIectrical of the 2nd
 Respondent Company is contrary to Rule 7(6)(e) of AP Electricity Reforms

 (Transfer Scheme) Rules 1999 as well as contrary to Andhra Pradesh State
 Electricity Board Special Service Regulation 10 of Part Ill Note iii and iv,

 contrary tO Section 78 and 82 of Andhra Pradesh Reorganization Act,
 Tripartite Agreement dated 09.09.1997, the Judgment of the Hon'ble High
 Court for composite State of Andhra Pradesh in W.P.No.10726 of 2002 and
 batch, dated 30.ll.2004 contrary to supplementary report of one man
committee of Justice Dharmadhikari, Articles 14 and 16 of the Constitution of
 India and quash the same as illegal, improper, unJ-uSt, arbitrary and violative of
Principles of Natural Justice, contrary to Andhra Pradesh State EIectricity
Board Service Regulations and contrary to the orders passed by this Hon'ble
Court in W.P.No.11466 of 2021, dated 02.03.2023 and consequently declare
the final integrated seniority list of Dy.EEs/E1, issued I'n Memo No. CMD/

CGM      (HRD)/JS(HR)/GM(P)/DGM(P)/PO(P)/JPO.A1/D.                  No.409/23,       dated
31.08.2023 as illegal improper and contrary to rules and contrary to the orders

Passed by this Hon'ble Court in W.P.No.11466 of 2021, dated 02.03.2023 and
further declare that the Petl'tioners are entitled to have count the-seniority in
the cadre from the date of their transfer on Administrative grounds from
TSSPDCL to APSPDCL with all consequential benefits including seniority,

Promotion, monetary benefits etC., and consequently Place the Petitioners in
appropriate Place in the final integrated seniority list in the cadre of Deputy
Executive   Engineers,   dated     31.08.2023   with    all    consequentl-al    benefits
including promotion seniority monetary, etc.


lANO: 2OF2023


      Petition   under   Section    151   CPC    is    filed   praying   that   in    the
circumstances stated in the affidavit filed in support of the writ petition, the
                                                                                             17



Hl'gh Court may be pleased to not to effect any further promotions based on
the impugned Memo No. 6MD/CGM(HRD)/JS(HR)/GM(P)/DGM(P)/ PO(P)/

JPO.A1/D.No.409/23, dated 31.08.2023, pending disposal of the Writ Petition

No. 29140 of 2023, on the file of the High Court.


IANO: 3OF2023


       Petition   under    Section    151     CPC    is   filed   praying   that    in    the
circumstances stated in the affidavit filed in support of the writ petition, the
High Court may be pleased to suspend the operation of impugned Memo No.
CMD/CGM(HRD)/JS(HR)/GM(P)/DGM(P)/PO(P)/JPO.A1/D.No.409/23,                               dated
31.08.2023, issued by the 2nd Respondent forthwith, pending disposal of the
Writ Petition No.29140 of 2023, on the file of the High Court.


       The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and the Order of the High Court, dated
07.ll.2023,   08.05.2024I       24.06.2024111.07.2024,18.07.2024101.08.2024,

08.08.2024, 22.08.2O24, 05.O9.2024,19.09.2024,                17.10.2024, 26.10.2024 &

07.ll.2024 & 14.ll.2024 & 21.ll.2024            made herein and upon hearing the
arguments of Sri.K.Raghu Veer, Advocate for the Petitioners, GP for Energy
for   Respondent    No.1     and     Sri    V.V.Satish,   Standing    Counsel       for the
Respondent Nos.2 & 3, the Court made the following;


ORDER:

f|Post on 05-12.2024.

. Interim order granted earlier are extended till then".

SD/-M.SRINIVAS T REGISTRAR E=__ //TRUE COPY// N OFFICER 18 To,

1. One CC to Sri Ghanta Sridhar, Advocate [OPUC]

2. Two CCs to GP for Energy, High Court ofAndhra Pradesh. [OUT]

3. One CC to Sri.V.V.Satish, Standing Counsel (OPUC)

4. One CC to Smt.Kavitha Gottipati, Advocate(OPUC)

5. One CC to Sri.C.Srinivas Baba, Advocate (OPUC)

6. One CC to Sri. K.Ramamohan, Advocate(OPUC)

7. One CC to Sri. K.Raghuveer, Advocate(OPUC)

8. One CC to Sri V.R.Reddy Kowuri, Standing Counsel [OPUC]

9. One CC to The Advocate General, High Court ofAP [OPUC] 10, One CC to Sri Jyothi Ratna Anumolu, Standing Counsel [OPUC] ll. One CC to Ms. Adarshita Kilaru, Standing Counsel [OPUC]

12. Onesparecopy NSR I HIGH COURT Dr.KMR,J DATED: 28.ll.2024 NOTE: PO-ST ON.n5.12.2024 ORDER W.P.Nos. 9996,11089,11476 of 2021 AND 29140 OF 2023 INTERIM ORDER EXTENDED