B. LALITHESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition is filed seeking issuance of Writ of Mandamus declaring the order passed by the 2ndrespondent in Rc.No.6177/2019/E2 dtd. 5/10/2019, rejecting promotion of the petitioner to the post of Electrician Grade-II, as illegal, arbitrary and violation of Article 14, 16 and 21 of the Constitution of India and consequently declare that the petitioner is entitled for promotion to the post of Electrician Grade -II from the date of his eligibility as against the existing three (03) vacancies with all consequential benefits.

(2.) The case of the petitioner, in brief, is that he was appointed as Electrical Helper on 22/8/2008 on compassionate grounds. Petitioner's probation was declared. Next promotion is Electrician Grade-II. Petitioner passed Wire Men Test. Andhra Pradesh Electrical Licensing Board issued certificate in the year 1997. With the Wire Men Certificate Sri V.D.Rajendra Prasad, Sri B.L.Mohan Rao and Sri P.Chinnaji Rao were promoted to Electrician Grade-II. Petitioner made a representation, dtd. 9/11/2018. Since his representation, dtd. 9/11/2018 was not considered for promotion, petitioner filed W.P. No.11605 of 2019 seeking direction to the respondents to consider his representation. However, without considering the representation properly 2nd respondent passed the order and hence writ petition was filed. The said writ petition was disposed of on 20/8/2019. While disposing of the writ petition, this Court directed respondents to consider the representation. However, since the respondent authorities failed to consider the representation as per the direction of the order of the Court and passed orders, the above writ petition was filed.

(3.) Counter affidavit was filed on behalf of 2ndrespondent. In the counter affidavit, it was contended that Sri B.Rajendra Prasad, Electrical Helper, Sri B.L.Mohan Rao and Sri P.Chinnaji Rao, Gang Mazdoor of Engineering Sec. were promoted as Electrician Grade-II contrary to the rules and regulations.