THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 1034 of 2000 O R D E R: This writ petition is filed seeking a Mandamus declaring the proceedings of 1st respondent in Memo No.DEE/O/RJP/Adm./S2/D.No.condl.16/2000 dated 12.1.2000 terminating the services of the petitioner as Junior Lineman with immediate effect and canceling the appointment orders as arbitrary and illegal; consequently to direct respondents 1 and 2 to treat the appointment orders issued to the petitioner as Junior Lineman in Memo No.DEE/O/RJP/Adm./S2/F.7/D.No.374/98 dated 2.4.98 as valid. It appears, petitioner was selected on 5.6.1989 as a trainee Under Special Employment Scheme and he had undergone three months’ training and was paid honorarium of Rs.75/- per month during the said period. After completion of training, he worked as part- time Village Electricity Worker in Peddaguruvalur Gram Panchayat. The Electricity Board initially paid Rs.150/- per month and after three years, paid Rs.600/- per month. While so, 1st respondent issued proceedings dated 2.4.1998 stating that the Junior Linemen who are allotted to his division will be on training for a period of one year from the date of joining and during the said period they will be paid Rs.1650/- per month as stipend and after successful completion of training and assessing their suitability and performance, they will be considered as Junior Linemen in the timescale of Rs.1650-30-1800- 45-2565 with usual allowances which are admissible. It was further stated in the said proceedings that before joining for training, the trainees have to execute a bond to the effect that they will serve the Board for a minimum of five years in addition to the training period, if appointed on regular basis, failing which they shall refund an amount of Rs.5000/-. As per the said proceedings, petitioner executed a bond and successfully completed the training of one year, commencing from 4.4.98 to 3.4.1999. Thus, petitioner was appointed vide proceedings dated 19.6.1999 of 1st respondent, as a regular Lineman in the timescale of pay of Rs.2770-50-2920-3295-100 3795-125-4420 with usual allowances as admissible as per Rules in force and the name of the petitioner was shown at Sl.No.20 in the said proceedings and he was posted to Badvel Sub-Division. While the matter stood thus, respondents issued proceedings dated 16.9.1999 terminating the services of the petitioner with immediate effect, without any prior notice. It was stated in the said order that his services are terminated to accommodate the Senior Village Electricity Worker without exceeding 50% of the vacancies as on 18.5.1997 and his seniority in the selection list is 100 and he is the junior most Village Electricity Worker as per man-days. The Superintendent Engineer (Operation) issued call letter dated 17.10.97 to appear for interview on 27.10.97 before the selection committee for considering appointment against 50% of the existing vacancies as on 18.5.97. In the said interview, he was selected as Junior Lineman for filling up of 50% of the vacancies in the initial recruitment cadre. In the proceedings dated 2.4.1998 the name of the petitioner was shown at Sl.No. 24 whereas in the proceedings dated 19.6.1999 appointing the trainees on regular basis, his name was shown at Sl.No.20. The respondents did not issue any proceedings whatsoever showing the seniority of the Village Electricity Workers at any point of time. In the year 1997, he was called for interview as he was eligible for appointment as Junior Lineman and he was selected in the interview. Hence, the action of the respondents in terminating his services as Junior Lineman on the ground that he is the junior most village electricity worker as per man-days is arbitrary and illegal. No seniority list of either village electricity workers or junior linemen was communicated to him at any point of time. He filed W.P. No. 21439 of 1999 questioning the orders of 1st respondent dated 16.9.1999 in terminating his services. While admitting the said writ petition on 13.10.1999, this Court passed interim orders in WPMP No. 26883 of 1999 directing the respondents to reinstate him into service by way of interim measure and stated that the said interim order will not preclude the respondents from initiating appropriate proceedings after giving notice. In view of the said interim orders, respondents reinstated him into service and 1st respondent issued show-cause notice in its Memo dated 29.11.1999 directing him to show-cause as to why his services should not be terminated. He had submitted explanation dated 8.12.1999 stating that he was selected as trainee under Special Employment Scheme on 5.6.1989 and after completion of training he was working as a part-time village electricity worker. The then A.P.S.E.B. decided to fill up 50% of the vacancies of Junior Linemen from among the ex-casual labour, Village Electricity Workers/Contract Labourers. He was selected in the interview conducted by the selection committee and his name was shown at Sl.No. 20 out of the 36 candidates selected. The grievance of the petitioner is that the 1st respondent, without properly appreciating the explanation submitted by him and without considering the issue involved in proper perspective, passed the impugned order, which is arbitrary and illegal. The very approach made by 1st respondent in dealing with the matter is not proper and, therefore, the action of the respondents in terminating his services is arbitrary and illegal. Hence, this writ petition. While admitting the writ petition on 28.1.2000, operation of the impugned order was stayed. Therefore, petitioner is continuing as of today and now it is more than one decade. There is no necessity of going into all the details. It is suffice to notice the Memo No.DEE/O/RJP/Adm/S.2/D.No.Confdl.16/2000 dated 12.1.2000 issued by the Divisional Engineer Operation, Rajampet, wherein at paras 5 and 6 it is stated as follows: “5. After due verification the APTRANCO., has issued necessary instructions to the CEE/CZ/Cuddapah to appoint Sri A.E. Sanjanna/VEW., as Jr. Lineman if he is otherwise eligible duly terminating the Junior most VEW., who is appointed earlier and ensure not to exceed 50% of vacancies vide Memo No.Add.Secty/DEG (IR)/AS(IR)/PO.IV/A1/26/99 dated 28.6.99. 6. In accordance with APTRANCO., instructions vide Memo dated 28.6.99, the CEE/CZ/Cuddapah has considered the case of Sri A.E. Sanjanna/VEW., for Jr. Lineman post and allotted to DEE/Opn./Proddatur for appointment without terminating the junior most Village Electricity Worker as there is one vacancy of Jr.Lineman post available under 50% posts due to fatal death of Sri M. Bala Raju/VEW., who is appointed earlier as Jr. Lineman in Operation Division/Proddatur and requested that the action in having appointed Sri A.E. Sanjanna/VEW., without terminating the Junior most Village Electricity Worker may be ratified by the CEE/CZ/Cuddapah vide his Lr.No.1885/99 dated 20.7.99”. From the above, it is seen that even as on the date of accommodating Mr. Sanjanna, one vacancy was available due to death of M. Bala Raju. Therefore, terminating the services of the petitioner treating him as junior most Lineman does not arise. Even after 2000, many vacancies had come up and persons were recruited under B.P.Ms.No.36 dated 18.5.97, who were far juniors to the petitioner. This aspect has not been disputed by the respondents. Under those circumstances, there was no necessity of terminating the services of the petitioner even as on the date of passing the impugned order. Therefore, the impugned order, in so far as terminating the services of the petitioner treating him as junior to A.E. Sanjanna is liable to be set aside and is accordingly set aside. However, it is made clear that the petitioner shall take next rank to A.E. Sanjanna in the seniority list that may be prepared by the Department for the posts of Junior Linemen. The writ petition is disposed of accordingly. It is needless to mention that the petitioner is entitled to full salary and allowances attached to the said post from the date of impugned order till date, including increments, revision of pay-scales etc. JUSTICE C.V. RAMULU. Date: 27-7-2010. MVB.