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Malothu Venkanna v. A.P. Power Generation Corporation Ltd.

Telangana HC16 Aug 2011WP/30566/2010

Case brief

AI extract

What is this about?

Writ petition filed by a Junior Chemist challenging his placement 28th in seniority despite vacancies. Court disposed of the petition directing respondent authorities to consider the petitioner for promotion to Senior Chemist as he is the only valid Scheduled Tribe candidate after another's certificate was cancelled.

What did the court decide?

Directed respondent Nos. 1 to 3 to consider the petitioner's case for promotion to the post of Senior Chemist, considering the cancellation of the senior candidate's caste certificate.

Malothu Venkanna Vs A.P. Power Generation… — Pension and Retirement Benefits | Telangana HC (2011)

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

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WRIT PETITION No.30566 of 2010

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ORDER:

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The petitioner was appointed as a Junior Chemist in the Andhra Pradesh Power Generation Corporation Limited, respondent No.1 herein, in the year 1998. He belongs to Scheduled Tribe category. Another person, by name S.D.Pavan Kumar, was also appointed almost at the same time against a vacancy earmarked for Scheduled Tribe. The next higher post is Senior Chemist occurring at roster point No.33 and it is earmarked for Scheduled Tribe. In the seniority list for the post of Junior Chemist, the petitioner was placed at Serial No.28 and Pavan Kumar, at Serial No.27.

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This writ petition is filed challenging the action of respondent Nos. 1 to 3 in placing the petitioner at Senior No.28. According to him, he is senior to Pavan Kumar and he ought to have placed above him.

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On behalf of respondent Nos.1 to 3, a counter-affidavit is filed. It is stated that though Pavan Kumar was placed at Serial No.27, it ultimately emerged that the caste certificate submitted by him is a fake one and through order, dated 23.07.2011, the Collector & District Magistrate, Krishna, Machilipatnam cancelled his caste certificate. They further state that the case of the petitioner would be considered for promotion to the post of Senior Chemist.

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Heard the learned counsel for the petitioner and the learned counsel for the respondents.

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The grievance of the petitioner was mostly regarding the

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place assigned to him in the seniority list. He ought to have impleaded the person, who was placed above him. Be that as it may, the obstacle for the petitioner for being considered for promotion ceased to exist on account of the fact that the caste certificate of Pavan Kumar, who was placed above the petitioner, was cancelled. The petitioner happens to be the only candidate from Schedule Tribe category.

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Hence, the writ petition is disposed of, directing respondent Nos. 1 to 3 to consider the case of the petitioner for promotion to the post of Senior Chemist, duly taking into account the fact that the caste certificate of the Junior Chemist, who was placed above the petitioner, was cancelled. There shall be no order as to costs.

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_____________________ L.NARASIMHA

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REDDY,J Dt:16.08.2011

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kdl

Malothu Venkanna v. A.P. Power Generation Corporation Ltd.

Case brief

What is this about?

What did the court decide?

Malothu Venkanna v. A.P. Power Generation Corporation Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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