IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 5094 of 2008 Between: Y.B.Rajendra Prasad S/o.Y.Joseph R/o.H.No.F/54, 9-H colony Pylon, APGENCO, Nagarjunsagar,Nalgonda District-508203 . ..... PETITIONER AND 1 AP Power Generation Corporation Ltd., rep.by its Director (HR),Vidyuth soudha, Khairatabad, Hyderabad 2 Nagarjuna Sagar Hydel Eelectricity Scheme , rep.by its Superintending Engineer, O&M Circle,Nagarjunasagar -508203, District Nalgonda. 3 D.Kurmaiah, O/o.Superintending Engineer-O&M Circle Nagarjuna sagar Hydel Electricity Scheme, Nagarjuna sagar-508203, District Nalgonda. .....RESPONDENTS 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 issue an order direction or writ particularly one in the nature of writ of mandamus or any other appropriate writ declaring the Memo No.SE/O&M/NSHES/Admn/U.3/F.DKt /D.No.308/2008 dated 4.3.2008 rejecting the claim of the petitioner for promotion as Foreman Grade-I as illegal, and arbitrary, declare that the G.O.O.No.448/GM(IR)/.2004 dated 20.1.2005 is applicable to O&M Employees of Hydel Generating stations ( and consequently direct the respondents 1 and 2 to consider the claim of the petitioner for promotion as Foreman Grade-I in preference to unqualified persons. Counsel for the Petitioner: MR.P.GIRI KRISHNA Counsel for the Respondents: MR.K.CHIDAMBARAM(SC FOR AP GENCO) The Court made the following ORDER: The petitioner is working as Maistry Grade-I (Foreman Class- IV) in the Andhra Pradesh Hydel Power Station at APGENCO, Nagarjunasagar. The next higher post is foreman Grade-I. The respondents have initiated steps for effecting promotions to Grade-I. Certain qualifications are prescribed therefor. The petitioner contends that though the third respondent is senior to him, he does not hold the requisite qualifications and the third respondent cannot be promoted in preference to him. Reliance is placed upon the guidelines issued for making promotions to the post of Foreman Grade-I in Thermal Power Stations, according to which, a candidate must possesses I.T.I. qualification. Placing reliance upon this and other Circulars, the petitioner contends that respondents 1 and 2 cannot consider the case of the third respondent at all. On behalf of respondents 1 and 2, a counter affidavit and an additional counter-affidavit are filed. It is stated that the services of the employees in all the establishments of APGENCO are governed by the A.P. Electricity Department Operation Subordinate Service Rules (for short ‘the Rules’), framed by the erstwhile A.P. Electricity Board, in the year 1948. It is stated that the guidelines prescribed for Kothagudem Thermal Power Station do not apply to the employees working in Hydel Electricity Stations. Heard Sri P.Giri Krishna, the learned counsel for the petitioner and Sri K.Chidambaram, the learned Standing Counsel for respondents 1 and 2. The first respondent is the successor of the erstwhile A.P. Electricity Board. The Board framed the Rules in the year 1948 to govern the services of the employees working in operation and maintenance wings. A Thermal Power Station came to be constructed at Kothagudem in seventies. The staffing pattern in Thermal Power Station is substantially different from the one in Hydel Electrical Stations. Therefore, separate guidelines became necessary and they were issued in the year 1989 vide B.P.Ms.No.54, dated 20.10.1989, as well as by the first respondent in G.O.O.No.448/GM(IR)/2004, dated 20.01.2005. The first respondent has chosen to follow the Rules verbatim as regards its employees in other establishments. The petitioner and the third respondent are working in Hydel Stations. The petitioner cannot insist that the Rules or the procedure being followed by the first respondent in respect of the employees in the Thermal Stations be applied to those working in Hydel Stations. Even if it can be said that there is a classification of Hydel and Termal units, the same cannot be said to be unreasonable. Each is a different class with its own specific attributes. The petitioner does not complain that the third respondent does not fulfill the qualifications prescribed under the Rules. Under these circumstances, this Court is not inclined to grant any relief to the petitioner. The writ petition is, accordingly, dismissed. There shall be no order as to costs. _____________ 28.03.2008 kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}