ORDER:

The present writ petition is filed under Article 227 of the Constitution of India seeking the following relief:

“...to issue a writ, order or directions more particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the action of the respondents in not treating the period of Extraordinary Leave availed by the petitioner for going abroad in accordance with the sanction order issued by the respondent Corporation vide Memo No.GM (P) /DS/(p) AS(P) POIV/JP02/641/2001/Dt 12.02.2022 for the purpose of granting notional increments and other consequential benefits including revision of pension as illegal and arbitrary and consequently direct the respondents to extend the benefit of notional increments by treating the Extraordinary Leave period of 5 years from 15.02.2022 to 14.02.2007 availed by the petitioner for notional increments and other consequential benefits including revision of pension and pass such other order as the Court deem fit and proper in the circumstances of the case”.

2. The case of the petitioner, in brief, is that he joined service in the respondent’s Corporation as Assistant Engineer (AE) on 07.07.1989. He was promoted as Assistant Divisional Engineer (ADE) on 08.02.1998. While the petitioner was working as ADE, he availed Extra Ordinary Leave (EOL) for employment abroad from 15.02.2002 to 14.02.2007. Petitioner returned to India on 13.02.2007 and joined duty on 14.02.2007 at Vidyut Soudha, Hyderabad.

(a) Juniors of the petitioner were promoted as Divisional Engineers from the post of A.D.E in the year 2006. Petitioner made representations to consider his case to promotion as Divisional Engineer. The same was not considered on the ground that petitioner has not put in 5 years of service in the cadre of A.D.E. On 13.10.2008, the petitioner was promoted as D.E and he worked upto 2020 in that post and later he was promoted as S.E on 29.10.2020 and retired as S.E. on

31.10.2020.

(b) EOL period availed by the petitioner from 15.02.2002 to

14.02.2007 was not considered for increments and other allowances. While sanctioning EOL for a period of five years vide Memo No. GM(P)/DS(P)/AS(P)POIV /JP02/641/2001 dated

12.02.2002 it was specifically mentioned as follows:

“He is informed that the EOL shall be counted for service benefits such as increments, pay, leave, etc., if contribution towards pension is paid by the foreign employer or employee such period will count for pension”.

(c) Further, the petitioner made representation to count EOL period of five years to release increments and also for pay fixation. Basing on the representation, a clarification was sought by the Pay Officer, A.P.Transco from the then Chief General Manager (HRD & Trg), A.P.Transco on 14.03.2007. The Chief General Manager vide Memo No. CGM (HRD&Trg)/DS(P)/AS(P)/PO.Engg.I/JPO.1/ 641/07, dated 12.11.2007 stated that a typographical error was occurred at Para No.4 of his sanction orders and the same may be read as EOL period shall not be counted for service benefits such as increments, pay, leave etc.

(d) It was further averred in the affidavit that petitioner made number of representations for notional promotions, pay fixation, restoration of seniority including payment of increments while sanctioning EOL period. Respondents, in fact, considered the case of the petitioner for notional promotion and restoration of seniority in the cadre of A.D.E. Respondents also considered three months period from 16.12.2006 to 14.02.2007 for six years scale in the cadre of D.E, and SGP scale was given for the period from 16.12.2006 to 15.12.2012 duly considering the incremental service. Petitioner was also given S.P.P-IA scale for the period from 16.12.2006 to 15.12.2018 duly considering

12 years incremental service from 16.12.2006.

(e) Seniority of the petitioner was restored and notional promotion was granted vide TDO (ED-HRD & PLNG) Rt. No.335 dated 16.03.2017. The case of the petitioner was reviewed for notional promotion on par with h