HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.33448 of 2010 Dated: 24.03.2011 Between: S.MD.HANEEF ..... PETITIONER AND THE GOVT OF A.P. REP BY ITS SPECIAL CHIEF SECRETARY & OTHERS .....RESPONDENTS The Court made the following : HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.33448 OF 2010 ORDER: The writ petition is filed by the petitioner seeking for issuance of writ of mandamus to declare the action of the respondents in not appointing the petitioner Junior Lineman in 4th respondent Circle as per the employment notification dated 8.6.2006 as illegal, arbitrary and voilative of Articles 14, 16 and 21 of the Constitution of India and consequently to direct the 4th respondent herein to select and appoint the petitioner as Junior Lineman forthwith basing on the merit list while placing the petitioner below the candidate who secured 584 marks in the existing vacancies as per the Memo No:CGM (HRD)/GM (Admn)/AS (Per)/PO-A/214-A/09, dated 20.3.2010 in the reserved Backward Class (E) category. The case of the petitioner is that he passed S.S.C in the year 1990 and joined Industrial Training Institute (Electrical Course) and obtained provisional National Trade Certificate and he registered his name in the District Employment Exchange, Kurnool. He belongs to B.C (E) (Muslim community). In the year 2001-2002, he joined in 4th respondent office as apprentice Trainee and subsequently he is eagerly awaiting the employment opportunities in the respondents-organisation on the ground that he is having requisite qualification for the post of Junior Lineman. His further case is that the 1st respondent permitted the other respondents to fill up the vacant posts of 7114 of Junior Linemen (JLM) including 4506 of Assistant Linemen (ALM) which posts dow graded as JLM on contract basis in DISCOMS duly following rule of reservation and in pursuance of the same, the other respondents issued notification for filling up the vacancies in their respective organizations. Pursuant to the same, 204 vacancies of Junior Linemen posts arose in the 4th respondent circle as on 8.6.2006 and the criteria for selection is that the candidates should passed in I.T.I in Electrical Trade or Wiremen Trade or Lineman Trade and he should be resident in the notified area and the selection is subject to the result of pole climbing test. At this juncture, some ex casual labours working in the respondents-organization approached this Court by way of W.P.17809 of 2006 challenging the conditions imposed in the notification and the said writ petition was disposed on 18.9.2006 with a direction to the respondents to consider the claims of the petitioner for appointment to the posts of Junior Linemen on on contract basis by treating the operation Circle District as Unit of appointment without reference to the restriction imposed under condition No:7 (ii) of the notification and further by giving weightage to the experience as notified on corrigendum published on 13.7.2006 and it is also made clear that such consideration shall be subject to possessing required qualifications and compliance of all other conditions notified for making appointment. His further case is that he along with similarly situated persons made applications in response to the original notification dated 8.6.2006 and while so, the respondents sent call letters to 690 applicants to the contract labour and not for the applications made in pursuance of the notification dated 8.6.2006. Aggrieved by the same, the petitioner along with others approached this Court by way of W.P.10737 of 2007 and at the stage of admission, this Court passed orders on 23.5.2007 directing the respondents to permit the petitioners along with the candidates for interview and written test subject to the condition that they shall satisfy the eligibility criteria as contained in the employment notification and the selection if any made shall be subject to the further orders in the main writ petition and as per the directions, the respondents called the petitioner for interview on 3.6.2007 and conducted pole climbing test in which the petitioner succeeded. In all respects i.e., interview and pole climbing test, the petitioner stood in the merit list for selection. But, the respondents decided not to appoint the petitioner on the ground that he is not an existing contract labour in the particular period from 8.6.2006 to 20.10.2006 and issued proceedings on 7.7.2007 and challenging the said proceedings, the petitioner again filed W.P.No:16029 of 2007 which was disposed of at the admission stage directing that if any vacancies remained unfilled after exhausting the existing contract labour, the respondent-APCPDCL as provided by the notification is directed to consider the cases of the petitioner for appointment as contract junior linemen in the vacancies that remained unfilled duly following the rule of reservation, if they are otherwise qualified. On receipt of the said order, the 4th respondent filled 36 persons who are working at present as contract junior linemen without following the merit list prepared by him. Since the respondents are trying to issue memos from time to time according to their choice, the petitioner and other similarly situated persons will not get any chance for regular appointment in future. Hence, the present writ petition is filed. Heard. While submitting that the issue involved in this writ petition is squarely covered by the judgment of a Division Bench of this Court in W.A.No.1434 of 2009 and 626 of 2008 and batch, dated 10.11.2009, it is submitted by the learned counsel for the petitioner that the petitioner is entitled to the appointment for the post of Junior Lineman. It is relevant to go through the judgment of a Division Bench of this Court in W.A.No.1434 of 2009 and 626 of 2008 and batch, dated 10.11.2009, wherein while disposing off the writ appeals, the following observations have been made: “It is necessary to extract the relevant portion of the individual written undertaking which reads thus: “Now without admitting the claim of the petitioners and without going into details of correctness or otherwise of the said recruitment process, the company is ready to absorb and select the writ petitioners who are affected due to the clause 6 (4) (c) of Revised Notification, dated 20.10.2006.” Therefore, taking aforesaid undertakings of the Appellant-Distribution Companies on record, we direct the appellant companies to appoint all the respondents/writ petitioners, who submitted their applications pursuant to the notifications, dated 8.6.2006 and the other dates, issued by the various applicant companies, and who have passed the pole climbing test and fulfilled the other eligibility criterion for appointment as Junior Linemen, without reference to and without insisting upon the fulfillment of Condition No:6 (iv) (c) of the revised notification dated 20.10.2006 within two months from the date of receipt of a copy of this order. We also make it clear that this direction would be applicable to all those candidates, who have not approached this Court but who had applied in pursuance of the aforementioned notifications, subject to passing of the pole climbing test and fulfillment of eligibility criteria. We however make it clear that the persons who have not applied in pursuance of the notifications dated 8.6.2006 and the other dates and who have not subjected themselves to the selection process have no right whatsoever to claim that they are entitled for such appointment. We also make it clear that all the selected and appointed respondents writ petitioners and others similarly situated would be entitled for all benefits on par with the persons who have been appointed as Junior Linemen as per Condition No:6 (iv) (c) of the revised notification, including regularization of their services as per the rules and policy. The writ appeals are accordingly disposed of. No costs. In the present facts and circumstances of the case coupled with the observations made by a Division Bench of this Court in W.A.No.1434 of 2009 and 626 of 2008 and batch, dated 10.11.2009, I feel it just and proper to direct the respondents to consider the case of the petitioner for appointment to the post of Junior Lineman in accordance with law. With the above direction, this writ petition is disposed of. No costs. _____________________ Justice G. Chandraiah Dated: 24.03.2011 gurc. HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.33448 of 2010 Dated: 24.03.2011