ANANTHA RAMULU R C Vs. K NAGESWARA RAO

JUDGEMENT

(1.) The appellant is the third party to the writ petition and he has filed this writ appeal with the leave of the court assailing the correctness of the order of the learned Single Judge dated 8-9-1998 made in Writ Petition No. 11447 of 1996. The 1st respondent herein is the petitioner in Writ Petition No. 11447 of 1996. He sought a direction to the resondents to treat his seniority in Nizamabad circle having regard to his 32 years of continued service therein and to extend all consequential benefits including promotion to the post of Foreman Grade I. The relief was opposed by the department contending that the original Nizamabad circle was subsequently divided into Nizamabad and Adilabad circles and the petitioner was transferred to Adilabad circle. At that stage the petitioner submitted an application on 8-2-1996 requesting the department to retain him at Nizamabad circle undertaking that he would take the last rank in the Nizamabad circle. The learned Judge, on consideration of these undisputed facts, has held: I am inclined to accept the stand taken by the respondents. The petitioner did not seriously dispute about his filing an application on 8-2-1996 with intention to take last rank in the Nizamabad circle as on 8-2-1996.

(2.) Having so opined, the learned Judge, however, directed the respondents to fix the seniority of the petitioner in Nizamabad circle as on 3-6-1995 and consider his case for promotion to the post of Foreman Grade-I in Nizamabad circle.

(3.) In the affidavit filed by the appellant herein it is stated that pursuant to the direction of the learned Single Judge another seniority list of senior Line Inspectors of operation circle, Nizamabad was prepared and the same was communicated on 30-9-1998 and in the said list the name of the writ petitioner viz., K. Nageswara Rao is shown at SI.No.7 and the name of the appellant does not find a place in the said revised seniority list.