IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 11949 of 1999 Between: N.Venkateswarlu S/o. K.Krishnaiah Vallur P&M, Cuddapah District. ..... PETITIONER AND 1 Director , The A.P. Transco Corporation, Vidyut Soudha, Somajiguda, Hyderabad. 2 The Superintending Engineer, The A.P. Transco Corporation , T.L.C, Vidyut Bhavan, Cuddapah. 3 The Chief Engineer, The A.P. Transco Co-oporation, T & L.S.S, Vidyut Bhavan , Cuddapah. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issued a Writ, more in the nature of Mandamus, declaring the action of the respondent Board in not absorbing the petitioners as per B.P. (P& G. PEr)Ms.No. 36 dt.18.5.1997, as arbitrary, illegal, Malafide and violative of Art. 14,16 & 21 of the Constitution of India, apart from being violative of principle of natural justice, granting all consequential benefits, and pass such other or orders as the Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: SMT.S.V.INDIRA Counsel for the Respondent Nos.1 to 3: MR.S.RAVINDRANATH The Court made the following : ORDER This writ petition is filed seeking a Mandamus to declare the action of the respondent-Corporation in not absorbing the petitioner as per BP ( P & G.Per) Ms.No.36, dated 18.5.1997 as arbitrary, illegal, and violative of Articles 14,16 and 21 of the Constitution of India. It is the case of the petitioner that his candidature was rejected by the respondents illegally, though he is eligible and fully qualified to be appointed as Contract Junior Lineman as per the guidelines issued in B.P.Ms.No.36 dated 18.5.1997 for filling up 50% of vacancies existing as on 18.5.1997. Earlier in WP No.28767 of 1997 filed by the petitioner and others, this Court directed the respondents to consider the cases of Ex-casual Labours (Village Electricity Workers and Contract Labour) whose cases were not considered as per the said BPMS. The respondents filed a detailed counter denying the allegations made by the petitioner. It is stated that one of the required conditions for considering the case of the petitioner under BPMs No.36 was that one should be working as on 18.5.1997. But the petitioner was not in employment as on 18.5.1997. Therefore, his case was not considered for employment. Apart from this, it was also found that since October 1988 he has been working in a Private Accounting Agency. Therefore, the petitioner is not eligible for absorption into the Corporation services. In view of the above averments of the counter affidavit, nothing survives for further adjudication. Writ petition is devoid of merits and is liable to be dismissed. Writ petition is, accordingly, dismissed. No costs. __________ 14-03-2008 rkk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Director , The A.P. Transco Corporation, Vidyut Soudha, Somajiguda, Hyderabad. 2 The Superintending Engineer, The A.P. Transco Corporation , T.L.C, Vidyut Bhavan, Cuddapah. 3 The Chief Engineer, The A.P. Transco Co-oporation, T & L.S.S, Vidyut Bhavan , Cuddapah. 4. 2CD copies