A.Venkaiah v. The Chief Engineer, O And M, Rayalaseema Thermal

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.1629 OF 2009 ORDER :

This writ petition is filed seeking writ of mandamus declaring the action of the respondents in not considering the claim of the petitioner for promotion/appointment by transfer to the post of LDC though he is eligible and qualified for the said post.

The grievance of the petitioner is he was appointed as Junior Plant Attendant on 06.12.1996 and that though he is eligible for promotion to the post of LDC by appointment by transfer, one Abdul Sattar, who is junior to the petitioner, was working as Man Mazdoor, said to have been appointed as Junior Plant Attendant on 04.08.2003, got promoted to the post of LDC. In the entire writ affidavit, the grievance of the petitioner is that the said Abdul Sattar was junior to him.

Counter affidavit is filed by the respondents stating that though the grievance is made against Sri Abdul Sattar, he was not made as party to the writ petition. It is also asserted in the counter affidavit that unless affected party is made as party to the writ petition, this writ petition is not maintainable. When once the petitioner has not impleaded Mr.Abdul Sattar, against whom the relief is claimed, this writ petition is not maintainable.

In view of the same, I do not see any merit in the writ petition and accordingly the same is dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, shall stand dismissed.

____________________________ A.RAJASHEKER REDDY, J 05.01.2017 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.1629 of 2009 Date: 05.01.2017 kvs