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2026 Supreme(AP) 805

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
D. RAMESH, J.
P. Suresh Kumar, S/o. P. Sun I. Babu – Petitioner
Versus
The Andhra Pradesh Power Generation Corporation Ltd, Rep. By Its Managing Director, Vidyuth Soudha Gunadala – Respondent
Writ Petition No. 1953 of 2026
Decided On : 07-05-2026

Advocates Appeared:
For the Petitioner: V. Maheswar Reddy
For the Respondents:GP For Services I, The Advocate General, K. Krishnabushan Chowdary SC For APGENCO

ORDER :

D. RAMESH, J.

The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:

“to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order questioning the proceedings in G.O.O.No.266/CGM (Adm.,IS and ERP)/2025, Dt.07.01.2026 of the 1 St respondent .in so far as the reversion of the petitioner from retrospective date i.e., 10.02.2023 and the proceedings in G.O.O.No.273/CGM (Adm, IS and ERP)/2025, Dt.13.01.2026 of the 1St respondent in cancelling the orders of promotion issued in G.O.O.No.267/CGM (Adm., IS and ERP)/2025, Dt.08.01.2026 as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India with a direction to continue the -petitioner as Executive Engineer (Electrical) and pass….”

2. Heard Sri V.Maheswara Reddy, learned counsel for the petitioner, learned Advocate General and Sri K.Krishna Bushan Chowdary, learned counsel appearing for respondents.

3. The case of the petitioner is that he was initially appointed as Assistant Engineer (Electrical) (now re-designated as Assistant Executive Engineer) on 10.11.2000. Based on the seniority in the said cadre, the case of the petitioner was considered for the post of Deputy Executive Engineer (Electrical) on 06.01.2023. The petitioner was promoted as Deputy Executive Engineer and further as Executive Engineer based on the settled seniority list and eligibility. Surprisingly, the respondent authorities have undertook an exercise reviewing the settled seniority list from the initial cadre i.e. for the post of Assistant Executive Engineer (Electrical) and issued revised seniority of candidates appointed through direct recruitment based on merit w.e.f. 01.02.1999. After inviting objections, the final seniority list was prepared vide proceedings dated 18.8.2025. The said seniority list was prepared by taking the merit at the time of selection process and accordingly they have made review of promotions to the category of Deputy Executive Engineer (Electrical) and as well as in the Executive Engineer (Electrical) by granting notional date of promotions to certain candidates and reverting certain candidates.

4. Respondent no.1 vide proceedings G.O.O.No.265/CGM dated 07.01.2026 assigned the revised date of promotion as ADE (Electrical) now re-designated as Dy. Executive Engineer (Electrical) placing the petitioner at serial no.36. Based on the above said seniority, respondent no.1 has issued proceedings on 07.01.2026 reverting the petitioner as Deputy Executive Engineer w.e.f. 10.02.2023.

5. After issuing the said proceedings, reverting the petitioner retrospectively and issued a notional date of promotion to others, the respondents have considered the case of the petitioner for the post of Executive Engineer and issued proceedings vide G.O.O.No.267 dated 08.01.2026 promoting the petitioner as Executive Engineer (Electrical) and posted in the office of Chief Engineer/Generation, Vijayawada. But surprisingly, even before joining in the said promotional post, the respondents once again issued proceedings on 13.01.2026 vide G.O.O.No.273 cancelling the order of promotion issued on 08.01.2026 as the said orders are not in accordance with eligibility criteria stipulated in G.O.O.No.51 dated 19.5.2021. Assailing the said orders, the present Writ Petition has been filed.

6. Considering the submissions, this court has passed the following interim order on 23.01.2026.

“…Accordingly, the impugned proceedings dated 13.01.2026 are hereby suspended for a period of eight (08) weeks.”

7. After notice, the respondents have filed counter wherein they have stated that the reversion of the petitioner based on the revised merit based seniority list replacing the settled roster based seniority list and further cancellation of promotion for non-complying the two years eligibility criteria in terms of G.O.Ms.No.51.

8. It is stated that APGENCO has issued a recruitment notif

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