This Court dismissed a writ appeal against the Single Judge's order rejecting a challenge to a seniority list. The Court held that the appellants approached the court after a delay of seventeen years following placements in the 2000 list and subsequent promotions, justifying the dismissal.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY, THE TWENTY SECOND DAY OF IVARCH TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL NO: 37 OF 2018
Writ Appeal under Clause 15 of the Letters Patent filed against order dated 03-11-2017 in W.P.No.36921 of 2017 on the file of the High Court.
Between:
...Appellants/Petitioners
AND
.. Respondents/Respondents
lA NO:'l OF 2018
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the RR 1 & 2 to consider passing of appropriate orders for revision of seniority keeping the merit list prepared at the time of appointment of JAOs, vide COO (PER) Ms.No.2, d1.24-O6-2000, as per Regulation 26 part-ll of APSEB Service Regulations, pending disposal of the appeal
Counsel for the Appellants: SRl. K. VASUDEVA REDDY
Counsel for the Respondent Nos.1 & 2: SRI R. VINOD REDDY
SC FOR TSSPDCL
Counsel for the Respondent Nos.3 & 4: NONE APPEARED
The Court delivered the following: JUDGMENT
THE HON'BL } THE CHIEF JUSTICE SATISH CHANDRA SIIARMA AND
THE HOI'BLE SRI JUSTICE ABHINAND KUMAR SHA',/ILI
WRIT APPEAL No.37 OF 2018
JUDGMENT, | ., ttc Ha, ht. t)P CluelJusnce Satish Chatld.a Sl]anna)
The pre ient writ appeal is arising out of the order dated, 03.ll.2Ol7 passed by the learned Single Judge in W.P.No.3692 I of 2017 .
The ur disputed facts of the case reveal that the appellants/w1 t petitioners, who were serving as Accounts Officers, carr 3 up before the learned Single Judge being aggrieved by he seniority list prepared by the employer from time to time.
1
The dor uments filed by the appellants/writ pedtioners reveal that a r eniorily list was prepared on 24.06.2000 wherein the present z ppellants/writ petitioners were placed a.t serial Nos.20 and 1' respectively and respondent Nos.3 and 4 were placed at serir I Nos.7 and 15 respectively. Meanrng thereby, in the year 200C, respondent Nos.3 and 4 were placed over and above the ag oellants/writ petitioners. The appellants/writ petitioners pr.ferred a representation in the matter and the same was dis missed by the employer on 16.07.2015. The Iearned Singlt Judge has dismissed the writ petition on the ground that sr niority position of the year 2OOO was challenged
after seventeen years, by filing the writ petition in the year 2017. Not only this, based upon the seniority position as on 24 .06.2000 , further promotions were made to the post of Assistant Accounts Olficer on 1 1.01.2008 and again to the post of Accounts Officer on 19.10.2015.
The appellants/writ petitioners are aggrieved in the matter of seniority on the post of Junior Accounts Officer. They have never challenged the placement in the seniorit5r list dated 24.06.2OOO and thereafter, two further promotions have aiready been done by the employer. Therefore, the learned Single Judge was justified in dismissing the writ petition, as the appellants/writ petitioners have approached the learned Single Judge after a delay of about seventeen years. This Court does not find any reason to interlere with the order passed by the learned Single Judge.
Resultantly, the writ appeal stands dismissed.
Pending miscellaneous applications, if any, sha11 stand
closed. There shall be no order as to costs.
/
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SD/. M. VIJAYA BHASKAR DEPUTY REGISTRAR //TRUE COPY' I
SECTTOfu OFFICER
To, 1 The Chairman and Managing Director, Southern PowerDistribution Company of T.S. Ltd., Ivlint Compound, Hyderabad. ) The Chief General Manager(HRD), SouthernPower Distribution Companyof T.S. Ltd., Mint Compound, Hyderabad 500 063.
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HIGH COURT
DATED:2210312022
JUDGMENT
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W.A.No.37ot 2018
DISMISSINCTHE WRIT APPEAL WITHOUTC OSTS.
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2 issues framed by the court
Whether the writ appeal against the dismissal of a petition regarding seniority list should be allowed given the long delay and subsequent promotions.
Whether the delay of seventeen years in challenging the seniority position constitutes laches.
T.Vijay Kumar
S.Nuralaiah
Southern Power Distribution Company of T.S. Ltd.
The Chief General Manager (HRD), Southern Power Distribution Company of T.S. Ltd.
A.Vijay Kumar Kalyan
V.Srikanth
Satish Chandra Sharma
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
