APHC010403352024 IN THE HIGH COURT OF ANDHRA PRADESH [3208]

AT AMARAVATI (Special Original Jurisdiction)

MONDAY,THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 20609/2024 Between:

1. D V SRINIVASA RAO, S/O. D.V.RAMA RAO AGED 51 YEARS, ASSISTANT EXECUTIVE ENGINEER, PIU SUB DIVISION MOVVA, KRISNA DISTRICT

2. D .N.V.S.R.RAJU, S/O. JAGANNATHA RAJU, AGED 52 YEARS. ASSISTANT EXECUTIVE ENGINEER, O/O. ENGINEER-IN-CHIEF, PANCHAYAT RAJ DEPARTMENT, OPP. PWD GRUNDS, VIJAYAWADA, NTR DISTRICT.

3. G .V.S.R.K.PRASAD,, S/O. VENKATESWARLU AGED 56 YEARS, ASSISTANT EXECUTIVE ENGINEER, O/O. ENGINEER-IN-CHIEF, PANCHAYAT RAJ DEPARTMENT, OPP. PWD GROUNDS, VIJAYAWADA, NTR DISTRICT.

4. I .NAGENERA KUMAR,, S/O. VEERABHADRA RAO AGED. 52 YEARS, ASSISTANT EXECUTIVE ENGINEER, PRESENTLY WORKING ON DEPUTATION IN AP GREENING AND BEATIFICATION CORPORATION, AYODHYA NAGAR, VIJAYAWADA-520003.

...PETITIONER(S)

AND

1. G OVERNMENT OF AP, REP. PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT A.P.SECRETARIAT, VELAGAPUDI, GUNTUR DIST., PIN- 522 238

2. T HE ENGINEERINCHIEF, GOVERNMENT OF ANDHRA PRADESH, PANCHAYAT RAJ DEPARTMENT, OPP.

PWD GROUNDS, VIJAYAWADA, NTR DISTRICT.

...RESPONDENT(S):

Counsel for the Petitioner(S):

1. C SRINIVASA BABA Counsel for the Respondent(S):

1. GP FOR SERVICES IV The Court made the following:

THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.20609 of 2024

ORDER:

The present writ petition is filed seeking the following relief:

“….to issue a writ, order, or direction particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not considering the objections raised by the petitioners to the provisional seniority list dated 22-10-2021 in spite of objections raised by the petitioners and purported action of the respondents in seeking to fill-up the posts of Deputy Executive Engineers basing on the said provisional seniority list as illegal, arbitrary, vindictive and violation of Articles

14, 16 and 21 of the Constitution of India….”

2. Heard learned counsel for the petitioners and learned Government Pleader appearing for the respondents.

3. Pursuant to the notification issued by APPSC, the petitioners were participated in the selection process for recruitment to the post of Assistant Executive Engineer and selected and joined in service in December, 1997. In pursuance of their selection, though all the petitioners belong to Zone-II, the 1^st petitioner was allotted to Zone-1, the 2^nd petitioner was allotted to Zone-IV, the 3^rd petitioner was allotted to Zone-VI and the 4^th petitioner was allotted to Zone-V by the respondents. While the petitioners were discharging their duties, pursuant to a policy decision of the State Government, G.O.Ms.No.610, dated 30.12.1985, was issued purporting to repatriate back all the persons who are working in other zones. As per policy of the State, the 1^st respondent issued G.O.Ms.No.397, Panchayat Raj and Rural Development (Estt.III) Department, dated 23.10.2008. In para No.4 of the said G.O., it was specifically mentioned that the transfers shall be made in public interest as provided under para 5(2)(C) of the Presidential Order. Accordingly, transfer orders were issued and all the petitioners were repatriated to their native zones in the year 2008 and their services were regularized in the cadre of Assistant Executive Engineer. Thereafter, the 2^nd respondent vide memo dated 22.10.2021 issued a provisional seniority list of Assistant Executive Engineers pertaining to PSC- 1997 batch. Surprisingly, in the provisional seniority list, the dates of regularization and commencement of probation of the petitioners were unilaterally altered by the Department. Therefore, the petitioners submitted their objections on 12.08.2024 and 17.08.2024 to the respondents. Despite the objections raised by the petitioners, for the reasons best known to them, the respondents have not finalized the seniority list and they are contempla