Andhra Pradesh High Court - Amravati
V Balu Naik vs Apspdcl on 14 September, 2023
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.24059 of 2023
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
"to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus Declaring the action of the respondents in not treating the petitioners on par with similarly situated persons like Pothugunta Tulasi Prasad and other, in giving appointment by transfer or conversion to the post of Junior Engineers to the petitioners in the 1st respondent Corporation as arbitrary, violative of Articles 14 and 16 of the Constitution of India, and consequently direct the respondents to give appointment by transfer or conversion to the petitioners to the petitioners to the posts of Junior Engineers and to pass such other order or orders..."
2. Heard the learned counsel for the petitioners, Sri V.R.Reddy Kovuri, learned Standing Counsel for respondent No.1 and learned Government Pleader for respondent No.2.
3. Learned counsel for the petitioners submits that in similar circumstances, this Court passed a final order in W.P.No.17238 of 2021, dated 28.07.2022 and requested to pass a similar order in these Writ Petitions also. The operative portion of the said order reads as follows:
"Accordingly, the Writ Petition is allowed, while setting aside the order under challenge and 2 directing the respondent authorities concerned to consider the case of the petitioners for promotion, if they are within the zone of consideration, as and when promotions are taken up, on the strength of the Diploma in Engineering secured by him from the IASE, Rajasthan."
4. On the other hand, learned counsel for the respondents opposed the same.
5. In view of the facts and circumstances of the case, this Court is of the considered view that the Writ Petition can be disposed of by giving a direction to the respondents.
6. Accordingly, the Writ Petition is disposed of, directing the respondents to consider the cases of the petitioners for appointment by transfer/conversion to the posts of Junior Engineers' (JEs) in the 1st respondent Corporation as and when the vacancies are available. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.
______________________________________ VENKATESWARLU NIMMAGADDA, J 14.09.2023 Note:
C.C by 16.09.2023 B/o.
TPS 3 120 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.24059 of 2023 14.09.2023 Note:
C.C by 16.09.2023 B/o.
TPS