V Sai Vijay, v. Southern Power Distribution Company Of Andhra Pradesh Limite

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.9624 OF 2017 Dated:23.03.2017 Between:

V. Sai Vijay, B.Tech. (Electrical), Aged 38 years, S/o. Sambasiva Rao, Occ: Assistant Engineer, Electrical (On deputation), Energy Billing Centre (EBC), O/o. Superintending Engineer, State Load Dispatch Centre (SLDC), A.P. Transco, Vidyut Soudha, Hyderabad, Telangana State and others .. Petitioners And Southern Power Distribution Company of Andhra Pradesh Limited (APSPDCL), rep., By its Chairman & Managing Director, Corporate Office, 19-13-65/A, Srinivasapuram, Keshavaina Gunta, Tiruchanoor Road, Tirupathi .. Respondent The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.9624 OF 2017 ORDER:

Petitioners are working as Assistant Engineers in the respondent - Company. On 08.02.2017, revised provisional seniority list was communicated calling upon the employees to submit their objections thereon. The objections were required to be filed before 23.02.2017. Petitioners claim that they have filed objections.

2.

This Writ Petition is instituted alleging that even before objections filed by them are not considered and appropriate orders are passed on their objections, measures are being taken to effect promotions. In support of the said contention, document - Ex.P8 at page No.71 is relied upon, whereunder the Superintendent Engineers were requested to send annual appraisal reports, details of disciplinary cases and the updated Bio-datas of persons shown therein. The petitioners contended that such action of the respondent is not valid in law and the persons who are now proposed for consideration are juniors and if the petitioners objections are upheld, those persons are not entitled to be promoted.

3.

Having regard to the fact that what is under challenge is a provisional seniority list and that the objections are yet to be considered, the matter was adjourned for instructions of the learned Special Government Pleader representing the learned Advocate General on behalf of the respondent - Company.

4.

Learned Special Government Pleader produced a copy of the letter dated 22.03.2017 addressed to learned Advocate General. The letter reads as under:

"... In this connection, the APSPDCL after going through the objections made by the individuals/ Associations /Unions, suitable replies will be given for the same and then only the seniority list of AEs/El will be finalised.

After confirmation of final seniority only, the APSPDCL will take further course of action for effecting promotions to the next cadre. ..."

5.

In view of the said stand of the respondent - Company as reflected in the above letter, no further orders are required to be passed in this Writ Petition.

6.

The Writ Petition is accordingly disposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:23.03.2017 KH