Andhra Pradesh High Court - Amravati
Juvviguntla Anil Kumar vs The State Of Ap on 1 September, 2023
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION Nos.22784 of 2023
ORDER:
The Writ Petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the confirmed integrated seniority list of Deputy Executive Engineers from 01.04.2008 vide proceedings in Memo No.G/RWS&S/DEE/ Seniority List/9655/2023 dated 19.06.2023 utterly disregarding and disturbing the seniority, roster points and carried forward vacancies before filling up general posts as illegal, arbitrary and to set aside the Memo dated 19.06.2023 with a consequential direction to the respondents to revise the integrated seniority list adhering to Rule 33, 34 and 36 of Andhra Pradesh State and Sub-ordinate Service Rules, 1966 and by considering the representation/appeal of the petitioner dated 21.06.2023.
2. The case of the petitioner, in brief, is that the petitioner was initially appointed as Assistant Executive Engineer through APPSC during the year 1992 and joined into service on 23.05.1992 in Panchayat Raj and Rural 2 Development Department. The petitioner was promoted as Deputy Executive Engineer on 13.04.2007. Subsequently, the Government of Andhra Pradesh issued G.O.Ms.No.508, General Administration (Special.A) Department dated 18.07.2007 intending to create a new Engineering Department to focus specially on Rural Water Supply, for which the petitioner has been opted and was allotted to the newly formed RWS Department vide communication in G.O.Ms.No.511 dated 15.11.2017. The Government issued the Provisional integrated seniority list of Deputy Executive Engineers who are working in RWS&S Department with effect from 01.04.2008 vide proceedings dated 01.05.2023, which was re-verified and subsequently the provisional integrated seniority list was issued on 04.05.2023 calling for objections. In response, the petitioner and several others have submitted their objections. Thereafter, a memo was issued in Memo No.G/RWS&S/DEE/Seniority List/9633/ 2023, dated 16.06.2023, wherein a final seniority list of Deputy Executive Engineers of Zone-III was issued answering only selective objections and without considering the objections of the petitioner and others properly. As 3 such, the petitioner has preferred appeal to the Special Chief Secretary to Government on 21.06.2023 to review the process of finalizing the integrated seniority list for promotion to the post of Executive Engineer. As the respondents are now trying to effect promotions pending the appeal preferred by the petitioner, the present Writ Petition is filed.
3. Having regard to the facts and circumstances of the case and the submissions made by learned counsel for both the parties and in view of the fact that the petitioner herein already preferred appeal before the 1st respondent vide Letter dated 21.06.2023, requesting to review the integrated seniority list communicated by the Engineer-in-Chief, RWS&S, Vijayawada and to stall the process of promotion to the post of Executive Engineers till finalization of the revised seniority list with equitable distribution of candidates as per rules that are followed in R & B Department, this Court feels it appropriate to dispose of the Writ Petition, without going into the merits of the case.
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4. Hence, the 1st respondent is directed to pass appropriate speaking orders in the appeal preferred by the petitioner on 21.06.2023 in accordance with law, as expeditiously as possible, preferably within a period of two (2) days from the date of receipt of a copy of this order.
5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in these writ petitions shall stand closed.
________________________ JUSTICE V.SUJATHA Date : 01.09.2023 Pnr