Telangana High Court
WP/17770/1994 of Ch. Venkata Reddy, Vs The A.P. State Electricity Board, on 29 December 2006
MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.17770 OF 1994 Date 29.12.2006 Between: Ch.Venkat Reddy, S/o.Saheb. ..... PETITIONER AND The A.P.S.E.B., Vidyut Soudha, Khairatabad, Hyderabad & another. .....RESPONDENTS THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.17770 of
THE HON'BLE MR JUSTICE RAMESH RANGANATHAN
WRIT PETITION No.17770 OF 1994
Date 29.12.2006
Between: Ch.Venkat Reddy, S/o.Saheb.
AND
..... PETITIONER
The A.P.S.E.B., Vidyut Soudha, Khairatabad, Hyderabad & another.
.....RESPONDENTS
THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN
WRIT PETITION No.17770 of 1994
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O R D E R:
Seeking a declaration from this Court that the petitioner is entitled for seniority from the date of his first appointment i.e. 18-07-1967 as Blue Print Operator for promotion to higher posts, thepresent writ petition is filed.
The petitioner joined the service of the respondent as a BluePrinter under the work charge establishment in the Upper SileruHydro Electric Project on 18-07-1967. On completion of the works atUpper Sileru Project, the petitioner submitted a representation to theSuperintending Engineer, Dam construction Circle, Mothugudem, on15-07-1971 to consider his case for transfer on the ground that hehad the necessary academic qualifications and experience. TheSuperintending Engineer issued orders in memo dated 24-07-1971 appointing the petitioner as a Civil Maistry andconsequent thereto, the petitioner joined at Mothugudem on 28-07-1971. The petitioner submitted a representation on 08-05-1972 seeking that he be appointed by way of transfer and notas a fresh appointee since his services were not terminated in UpperSileru Project and treating him as a fresh appointee would result inhis foregoing his past service of four years. The petitioner wastransferred from Lower Sileru Project and posted at Tekkali under thecontrol of the Superintending Engineer, Operation Circle,Visakhapatnam, vide proceedings dated 23-06-1979. He was,thereafter, transferred to Visakhapatnam vide proceedings dated 08-06-1981.
It is necessary to note that, in the memo dated 24-07-1971, the Superintending Engineer, Dam Construction Circle,Mothugudem, informed the petitioner that his appointment as a CivilMaistry in the time scale of Rs.50-2-70 was purely temporary and didnot confer on him any right for further promotion or seniority and thathe was liable for termination without prior notice or assigning anyreasons. The appointment of the petitioner as a Civil Maistry was asa fresh appointee and not by way of transfer. If the petitioner wasnot inclined to accept such an appointment, it was always open to him to work in the Upper Sileru Project. Having chosen to accept theappointment as a Civil Maistry, vide memo dated 24-07-1971, it is not open to the petitioner, after a lapse of more thantwo decades, to contend that his service as a Blue Print Operator inthe Upper Sileru Project from 1967 to 1971 should also be reckonedfor the purpose of promotion to higher posts.
The Writ Petition as filed is devoid of merits and isaccordingly dismissed. There shall be no order as to costs.
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29-12-2006
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