C GUNABHUSHANA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THE petitioner was appointed as Stenographer, on 04.02.1985, in the Non - Conventional Energy Development Corporation of Andhra Pradesh Limited, the 2nd respondent, which was completely established and managed by the Government of A.P. The Government in Energy Department, the 1st respondent, issued G.O.Ms.No.187, dated 04.09.1993, for upgradition of two posts of Stenographers. The petitioner and another candidate, by name K.Kishen Rao, were upgraded as Special Category Stenographers, vide proceedings, dated 02.05.1994. Thereafter, the petitioner was re -designated, as Senior Stenographer, by the 2nd respondent, through proceedings dated 21.02.1995. The 3rd respondent joined the 2nd respondent -Organization, as Sales Assistant, on 05.08.1978. His services as Office Assistant were regularized, on 01.07.1981. He was promoted as Senior Assistant, on 21.02.1995.

(2.) IN the year 1994, the establishment of the 2nd respondent was re -organized and was approved by the Government vide proceedings 26.12.1994. In the establishment of the 2nd respondent, the posts of Senior Assistant and Senior Stenographer are treated on par with each other and they constitute common feeder category for the posts of Assistant Managers. The petitioner was treated as senior to the 3rd respondent in the common seniority list for the posts of Senior Stenographers/Senior Assistants and he was promoted as Assistant Manager on 18.05.2004. The 3rd respondent filed W.P.No.9588 of 2004, pleading inter alia that he is senior to the petitioner, as Senior Assistant, in the common seniority list and that he ought to have been promoted in preference to the petitioner. During the pendency of the writ petition, the 2nd respondent promoted the 3rd respondent as Assistant Manager vide proceedings, dated 26.05.2008. W.P.No.9588 of 2004 was withdrawn by the 3rd respondent.

(3.) THROUGH proceedings dated 30.05.2011, the 2nd respondent modified the final seniority list in the category of Senior Assistant/Senior Stenographer and placed the 3rd respondent above the petitioner and one Sri N.Pothanna. This writ petition is filed challenging the said proceedings. During the pendency of the writ petition, the 2nd respondent issued proceedings, dated 06.06.2011 promoting the 3rd respondent, as Manager. The petitioner amended the prayer in the writ petition, with the permission of the Court to challenge the proceedings dated 06.06.2011.