APHC010089012020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3458]

(Special Original Jurisdiction)

TUESDAY,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 5219/2020 Between:

1. I TIRUPATHAIAH, S/O I.SUBBAIAH, AGED ABOUT 47 YEARS, OCC.

SENIOR ASSISTANT, 0/0 EXECUTIVE ENGINEER, S.P.DIVISION NO.4, ATMAKUR, NELLORE DISTRICT ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. T HE ENGINEERINCHIEF AW, WATER RESOURCES DEPARTMENT, D.NO.48-10-9/1, NH FEEDER ROAD, NEAR RAMAVARAPADU CIRCLE, CURRENCY NAGAR, VIJAYAWADA, KRISHNA DISTRICT.

3. T HE SUPERINTENDING ENGINEER, SOMASILA PROJECT CIRCLE, NELLORE DISTRICT.

4. T HE EXECUTIVE ENGINEER, S.P.DIVISION NO.4, ATMAKUR, NELLORE DISTRICT

5. P CHANDRASEKHAR, SENIOR ASSISTANT, O/O. THE SUPERINTENDING ENGINEER, SOMASILA PROJECT CIRCLE, DARGAMITTA, NELLORE, SPSR NELLORE DISTRICT.

6. A V S S SAI PRASAD RAO, SENIOR ASSISTANT, RETIRED ON

30.06.2025, NEAR Z.P.HIGH SCHOOL, SOMASILA PROJECT CAMP COLONY, ANANTHA SAGAR MANDAL, SPSR NELLORE DISTRICT. RESPONDENT NOS.5 AND 6 IMPLEADED AS PER COURT ORDER DATED 05-03-2026 VIDE IA.NO.1 OF 2026 IN WP.NO.5219 OF 2020.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd respondent is issuing the impugned office Order No.SE/SPC/NLR/Speaking Orders/WP.No.12895/2019/E-5/1446M dt. 20-12-2019 rejecting the request of petitioner to revise the promotion orders of Senior Assistant with notional date on par with juniors as illegal, arbitrary and Violative of Principles of Natural Justice by setting aside the same and consequently declare that the petitioner is entitled for notional promotion with all consequential benefits on par with his juniors and pass IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 3rd respondent to take appropriate decision on the Memo No. CE/NTRTGP/TPT/C2/F/2018, dt: 19-02-2019 issued by the Chief Engineer by suspending the impugned order No. SE/SPC/NLR/Speaking Orders/WP.No.12895/2019/E-5/1446M dt: 20-12-2019, pending disposal of the writ petition and pass such other order IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased the petitioners/proposed party respondents herein prays that this Honourable Court may be pleased to permit the petitioner to implead the proposed party respondents 5 and 6 herein as party respondents in the I.A. as well as in the main Writ Petition No.5219 of 2020, in the interest of justice; and pass such other order or orders Counsel for the Petitioner:

1. K RAJYA LAKSHMI Counsel for the Respondent(S):

1. GP FOR SERVICES III

2. GP FOR SERVICES II The Court made the following:

ORDER:-

Heard Smt. K.Rajya Lakshmi, learned counsel for the petitioner and learned Assistant Government Pleader for Services-II appearing for the respondents.

2. The petitioner was appointed as a Junior Assistant on

20.06.2009 in the respondent No.1 Department. He was initially placed under probation for a period of one (1) year. The probation in the cadre of Junior Assistant was declared with effect from 19.06.2011. Subsequently, he appeared for the departmental test in Accountancy and passed it. As per the final seniority list of Junior Assistants for the panel year 2011-12, the petitioner’s name was shown at Sl.No.17.

3. The unofficial respondent No.6, was appointed as Typist on

24.06.2009, i.e., after the petitioner. He completed his probation in t