Petitioners sought notional promotions and seniority corrections for government engineers. The court dismissed the writ petition as withdrawn by the counsel on conditional terms.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3311]
HIGH COURT FORTHESTATEOF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY ,THETWENry SIXTH DAY OF JUNE TWO THOUSANDAND TWENTY THREE
PRESENT
THE HONOURABLETHE CHIEF JUSTICEUJJAL BHUYAN AND THE HONOURABLESRI JUSTICE N.TUKARAMJI
WRIT PETITION NO:161 49 0F 023
Between:
...PETITIONERS
AND
Floor, Secretariat,Velagapudi, Guntur District-52220:3
4 ihe Enoineer-in-Chief,pdblic Healthand Municipal EngineeringDepartment, Governirent of AndhraPradesh,f adepall-522201, GunturDistrict
...RESPONDENTS
Petition under Article 226 olthe Constitution of lndia praying that in the circumstances stated inthe affidavit filed therewith,the High Court maybe pleased to issue an appropriate writ, order or Direction,more particularly one in the nature of Writ of Mandamus,declaring inaction of Respondent No.3 and 4 in issuing the Final seniority List in thecadre of Assistant Executive Engineersof Zone 1lo Vll and Year-wisepanels of Deputy Executive Engineersfor the period from 18.10.1975 to 31.08.1982 and assigningNotional Promotionsin respect of Assistant Executive Engineers inZoneV, Vl and Vll of 1978 PSC batch. as arbitrary, unjust, violative ofArticle 14, 16, 19(1Xg) of the Constitution of lndia and contrary to the Hon'bleSupremeCourtOrderdated18.02.20'16 passedin
C.A..No.4142l2OO4filed byD'VislrrruIVurthy' intime boundmanner' Consequently,direct the Respondents3 and 4 to prepareZone wise Seniority List in all zonesi.e., Zone-l to Vll in tlrr: cadre of AEEs of parties covered under G.S.VenkatReddy case supra and Ycar-wise panels of DyEEs for the period 1975-1982complyingthe Hon'bleSupreme Court Order dated 18 02 2016 passed in C.A.No.414',>-12004filed by D VishnuMurthyand communicate the sameto.theRespondentNo.land2andconsequentlydirecttheRespondent No.,land2topreparelheStatewideIntegratedSeniorityListofDyEEandeffect NotionalPromotionson Adhocbasis in the cadres of DyEE' EE' SE' CE and ENC,andreleaseconsequentialmonetarybenefitsofpayfixationandrevised pension etc., in favourof the Petitloners
IA NO: 'toF 2023
Petition underSr:ction 15'1CPC praying that in the circumstances stated intheaffidavitfiledint;upportofthepetition,theHighcourtmaybepleasedto directtheofficialRespondentsofbothStatestoeffecttheNotionalPromotions on Adhoc basisto the Petitioners herein in the next higher Cadres up to ENC (PH)takingintoConsid()rationofPetrtionersrepresentationdated20.03.2023and 23.O3.2023 intime bourrdmanner pending disposalof mainWrit Petition
Counsel forthe Petitioner:SRI' DEEPAK BHATTACHARJEE
Counsel forthe Respondent Nos. 1&2: SRI' N' RAMU' GP FOR SERVICES lll
Counsel for theRespondent Nos'3&4: SRI' P' GOVIND REDDY'SPECIAL COUNSEL GOVTOF AP
The Court madethe foltlowing:ORDER
HON'BLE THE CHTEFJUSTICE UJJAL BHUYAN AND
HON'BLE SRIJUSTICE N. TUKARAMJI
WRIT PETITION No.l6I49 of 2023
ORDER :( Per Hon'ble the Chie! Justice Ujjal Bhugan)
Heard Mr. Dcepak Bhattacharjee, learned Senior Counsel for the petitioners; Mr.N. Ramu, learned Government Pleader for Services-lll fbr respondent Nos.l and 2; and Mr.P.Govind Reddy, learned Speoiat Counsel for the Government ofAndhra Pradesh for respondent Nos.3 and 4
"Therefore it is prayed that the Hon'ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring inaction of Respondent No.3 & 4 in issuing the Final Seniority List in the Cadre of Assistant Executive Engineers of Zone I to VII and Year-wise panels of Deputy Executive Engineers .for the period from 18.10.1975 to 31.08.1982 and assigning Notional Promotions in respect of Assistant Executive Engineers in Zone V, VI & VII of 1978 PSC batch, as arbitrary, unjust, violative of Article 14, 16, l9(1)(g) of the Constitution of India and contrary to the Hon'ble Supreme Court Order dated 18.02.2016 passed in C.A.No.414212004 filed by D. Vishnu Murthy, in time bound manner. Consequently,
-.---:...-.-
2
IICJ & ,'TR. ,I ll .l'.i o.l6l t9 oJ 202-l
direct the l(cspondcnts I irnd 4 to preparc Zonewise Ser-riority [.ist rn alI zr)ltcs i.c., Zone-l to Vllin the cadre of AEI-s ol'parlrcs covcred undel G.S.Veukat Reddy cast: supra and Ycirr-rvise panels ol DyEs for the periorl I 975- 191t2 complying theHon'ble Supreme('ourt Order clalcd 18.02.2016passedin C.A.No.4l,1212004 filed b1, D.VishnuMurthyand commuuic.rte the same ttr tltc I(espondentNo. I and 2 and Conserlucntly dircct thc l(espondent No-land 2 to prepare the Statewidc Intcgrated SeniorityList of DyEE and ,:fl'ect Notiorral l)romotions on Adhoc basis in the cadres of DyEE. lrlr. SFl, CE & lrNC,and release consequential n)()nctary beneflts ofpay fixation and rcvised petrsiot.t etc., in favour ofthe Petitioners and pass such other relief or leliefsas this Hon'ble C:ruft may dcerl lit and proper in the circumstances of tlre ca sc.
Further, it is also prayed that, this Hon'ble Court may be pleased to direct thc()llicial Respoudcntsofboth States to clfect the Notiorral Promotions onAdhoc basis to tte Petitioners hcrcin in thenext higher Cadres up to ENC (PH) taking into consideration of Petitioners reprcsentation clated 20.03.2023 and 23.03.2023 in time bounil r.nanner pending disposal of main Writ l)etition and pass such other order or orders as this Hon'ble Courl may dccms fit and properin the circumstan<:es of the casc and in the interest of justice."
Engineers in May, 1984. Whrlc petitioner No. 1 retired from service as Superintending Enginecr on 30.06.2009, petitioner No.2
1l
Itu & R, J ll/.P.No. 16149 of ^'1 2023
of superannuation. Petitioners seek re-assignment of seniority
position in the cadres of Assistant Executive Engineer onwards.
4 After hearing the matter at some length, learned Senior Counsel for the petitioners seeks permission to withdraw the writ
petition with liberty to ai,ail his remedy if permissible under law.
closed
SD/.A.V.S.PRASAD ASSTSTANI-REGISTRAR
//TRUE COPY//
sEcftffi oFFtcER
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l.TwoCCstoGPFoRSERV|CESlll,HighCourtfortheStateofTelangana'at Hvderabad [OUTI z. ijii"cCi,i5 nr.d r E pnrB HArACHA RJ E-E49v.qgte t-oi V-ql 5' ffi 6d i" sni.i'.eoVrr.ro neoov, sPL' couNSEL[oPUc] 4. Two CD Copies
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HIGH COURT
DATED:2610612023
ORDER
WP.No.I6149 of2023
STATE
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DISMISSING THE WRITPETITION AS WITHDRAWN WITHOUT GOSTS
9?x
B. Chinnaoa Reddv
f.r.f. nifritn;nOra
The State of Telangana
The State of Andhra Pradesh
Ujjal Bhuyan
N. Tukaramji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
