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2026 Supreme(Online)(AP) 26925
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Nyapathy Vijay, J
JATOTH DEVENDER – Appellant
Versus
THE ANDHRA PRADESH EASTERN POWER DISTRIBUTION CO LTD – Respondent
WRIT PETITION NO: 17456/2025
For the Appellants/Petitioners: G Seena Kumar
For the Respondents: V V Satish, GP FOR SERVICES I
Seniority cannot be forfeited in cases of transfers made on administrative grounds, as opposed to request transfers, and ex-facie errors in seniority lists cannot be cured by the passage of time.
Headnote:(A) Seniority - Transfer - Administrative vs. Request Transfer - Where a transfer is explicitly ordered on administrative grounds, the employee cannot be placed at the bottom of the seniority list, as the loss of seniority is typically applicable only to request transfers. (Para 11)
(B) Delay and Laches - Seniority List - Ex-facie error - A blatant mistake by the department that is contrary to the transfer order and regulations cannot be validated by the passage of time. (Para 11)
Issues: Whether the petitioner's seniority should be fixed based on his merit rank or from the date of transfer to the new division.
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 toTo issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the seniority videMemo.No.EE/0/JPT/JAO/Adm/SA-1/D.No. 2025,dt, 10-06- 2025 of the 3rd respondent in altering the petitioner seniority from S.No.181 to 198 contrary to his merit Rank as illegal, improper, unjust, arbitrary and contrary to Rule.33 (B) APSSS Rules, 1996 and set aside the same to the extent of altering the petitioner seniority and further declare that the petitioner is entitle for his placement at S.No.181 with a direction to the respondents 1 to 4 to revise the seniority of the petitioner from 198 to 181 as per his merit rank secured (65.43) and pass
IA NO: 1 OF 2025
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 respondents to 4 forth to consider the petitioner representation dt; 12-06-2025 to revise and re-fix his seniority at S.No. 181 1 as per his merit Marks (65.43 ) by suspending the seniority list 10-06-2025 pending disposal of the above writ petition, and pass
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 pleased to grant leave to the Respondents in the W.P.No. 174561 Of 2025 to file Counter Affidavit in the above writ petition and to pass
The Court made the following:
O R D E R:
The present writ petition is filed declaring the seniority list dated 10.06.2015 of the 3rd Respondent in altering the Petitioner’s seniority from S.No.181 to 198 contrary to his merit rank as illegal and arbitrary.
A notification was issued on 22.11.2011 inviting applications to fill up 939 vacancies of Junior Linemen in Respondent No.1-Corporation. The Petitioner had participated in the selection process and secured 65.43 marks. A list of selected candidates was prepared vide 13.08.2014 and name of the Petitioner was shown at Sl.No.163 based on the marks secured and was selected and posted to Ramachandrapuram Division. In the course of selection process, the erstwhile State of Andhra Pradesh was bifurcated and seven (7) Mandals from Khammam District had been amalgamated to East Godavari District vide G.O.Ms.No.315, Revenue (DA&LR) Department, 11.09.2014.
The employees of corresponding TSNPDCL, who were working in these Mandals had opted to continue in Telangana State and on account of the same, certain vacancies arose in those seven Mandals and on account of vacancies in those seven Mandals, the Petitioner vide proceedings dated 05.12.2014 was transferred from Ramachandrapuram Division to Nellipaka Section, Yetapaka Mandal, Jaggampeta Division on administrative grounds. A provisional seniority list of the year 2014 for Junior Linemen was issued on 31.05.2025 and the Petitioner’s seniority was shows at Sl.No.198 instead of in between Sl.No.180 and 181 considering the marks secured by the Petitioner in the selection process. Objections were given to the said provisional seniority list, however, the 3rd Respondent confirmed the provisional seniority list. Hence, the present writ petition.
In the counter filed by Respondent Nos.1 to 3, it is stated that the Petitioner had joined as Junior Lineman on 20.08.2014 at Operation Division, Ramachandrapuram (parent division) under non-local category under direct recruitment process. As the Petitioner hails from Warangal District, a representation was given on 03.12.2014 to Respondent No.1 to transfer him to TSNPDCL on account of his aged parents residing at Warangal. It is stated that on account of this representation, the Petitioner was transferred from his parent division and posted to Nellipaka Village, which was amalgamated from Operation Division, Bhadrachalam, NPD
