THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITIONS NO.5836 of 2001 Dated: 2.12.2010 Between: A.ANANTH REDDY …Petitioners And: THE APGENCO REP BY ITS CHAIRMAN & MANAGING DIRECTOR, HYDERABAD & OTHERS …Respondents. THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITIONS NO.5836 of 2001 ORDER: This writ petition is filed by the petitioners seeking for a writ of mandamus to declare the action of the respondents in not absorbing the petitioners on regular basis while absorbing the other workers worked along with them as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and contrary to the principles laid down by this Court in the judgment reported in 2000(6) ALD 56 apart from the judgment of the Apex Court and consequently, to direct the respondents to absorb the petitioners by regularizing their services in the Sri Sailem Left Bank Hydro Electric Scheme under the respondents with all attendant benefits. The case of the petitioners is that they are continuously working as workers in the Sri Sailam Left Bank Hydro Electric Scheme in the various designations viz., Mechanic, Assistant Mechanic, Accountant, Sr.Electrician, Supervisor, Mazdoor, Women Mazdoorn Pump Attendant, Driver, Fitter, E.O.T Crane Operator and Proclain Operator from the date of their respective appointments in the year 1990-1998 and their services are very much required for the functioning of the project. At present, the project is under construction which is going on since a decade and all the petitioners are being paid the meager salaries. Basing on the representation made by the Workmen, the respondents constituted a selection committee and sent the same to the project and the selection committee having conducted interviews, absorbed only 110 persons, but not the petitioners, with effect from 1.11.2000 on the ground that they are directly engaged by the respondents-officials and the cases of the petitioners have been denied on the ground that they have been engaged through a contractor. Therefore, they have filed the present writ petition. On behalf of the respondents, counter has been filed denying the averments made in the affidavit filed by the petitioners in support of the writ petition. It is inter alia contended by the respondents in the counter that the petitioners were never engaged by APGENCO at any point of time and they might have been engaged by the unregistered private contractors for the works the petitioners alleged to have been attending and that the eligible candidates were appointed after following the rules in vogue and therefore, the petitioners cannot have any grievance against APGENCO. On 31.3.2001 while admitting the writ petition, this Court granted interim direction as under: “The respondents shall consider the cases of the petitioners for absorption in any of the posts for which the respondents consider them eligible giving due regard to the previous temporary services pending further orders on this application.” In this regard, no vacate stay petition has been filed by the respondent. The main grievance of the petitioners is that basing on the representation made by the Workmen, the respondents constituted a selection committee and sent the same to the project and the selection committee having conducted interviews, absorbed only 110 persons, but not the petitioners, with effect from 1.11.2000 on the ground that they are directly engaged by the respondents-officials and the cases of the petitioners have been denied. Therefore, the action of the respondents is arbitrary and illegal. Having regard to the facts and circumstances of the case and the interim direction issued by this Court as long back as on 31.3.2001, without expressing any opinion on the merits of the case, I feel it just and reasonable dispose of the writ petition in terms of the interim direction granted by this Court in W.P.M.P.No:7446 of 2001, dated 31.3.2001. Accordingly, this writ petition is disposed of in terms of the interim direction granted by this Court in W.P.M.P.No:7446 of 2001, dated 31.3.2001. ___________________ Justice G.Chandraiah Date:2.12.2010 Gurc. THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITIONS NO.5836 of 2001 Dated: 2.12.2010