G. Hari Vardhan, Hyd. v. C.P.D.C.L. And Another

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.15986 OF 2008

ORDER

This writ petition is filed for the following relief: "...to issue an order direction or writ particularly one in the nature of Writ of Mandamus or any other appropriate writ (i) declaring the action of the respondents in not reckoning the service rendered by the petitioner as U.D.Steno prior to 20th August, 2001 for the purpose of promotion to the post of Personnel Officer, as illegal and arbitrary and consequently direct the respondents to reckon the service of the petitioner as U.D.Steno with effect from 4.9.1996 for the purpose of promotion to the post of Personnel Officer (ii) direct the respondents to consider and promote the petitioner to the post of Personnel Officer on par with his juniors with all consequential benefits and pass other order or orders in the interest of justice."

Heard Sri S.Ravindranath, learned counsel appearing for the petitioner and Sri R.Vinod Reddy, learned Standing Counsel appearing for the respondent-Corporation. It is the case of the petitioner that initially, he was appointed as Lower Division Steno in the respondentCorporation on 26.07.1991 and he was posted in Operation Circle. Thereafter, he was promoted as U.D.Steno in the year 1996. While so, in August, 1997, he was deputed to work in the Personnel and General Services ( for short 'P & G Services') at Hyderabad. Subsequently, he had submitted an application on 11.01.2001 to absorb him in P & G Services. Considering his request, the Joint Managing Director, AP TRANSCO issued

proceedings on 20-08-2001, absorbing him in P & G Services and he has been continuing as such till date. The grievance of the petitioner is that though he rendered service from 4.9.1996 till his absorption in P and G Services Wing on 20.08.2001, the respondent-Corporation had not reckoned the said service for the purpose of seniority. Learned counsel appearing for the petitioner submits that though the petitioner submitted a representation dated 8.4.2008 to the respondents ventilating his grievance, so far no orders have been passed thereon.

Learned Standing Counsel appearing for the respondents contends that since the petitioner was absorbed in P and G Services Wing of the respondents, on his own request, he has to take last rank in the seniority list and the respondents have rightly counted the service rendered by the petitioner in P and G Services Wing for the purpose of seniority and other benefits and that there are no merits in the writ petition and the same is liable to be dismissed. Without expressing any opinion on the merits of the case, this Writ Petition is disposed of directing the respondents to dispose of the representation dated 8.4.2008 submitted by the petitioner seeking redressal of his grievance and pass appropriate orders thereon within a period of four

weeks from the date of receipt of a copy of this order. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

________________________________________ JUSTICE ABHINAND KUMAR SHAVILI 18th September, 2018 rkk