IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P. No.5805 of 2001 Between: B.Ramoji and others … Petitioners And The Government of A.P., Rep.by its Secretary, Tribal Welfare Department, Secretariat, Hyderabad and others. … Respondents THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.5805 of 2001 ORDER: This writ petition has been filed seeking for issuance of Writ of Mandamus declaring the impugned action of the respondents in not regularising the services of the petitioners on the post of JPA/Mazdoor and further action in violating the provisions contained in G.O.Ms.No.50, dated 05.03.1987 as illegal, arbitrary and violative of Article 14 of the Constitution of India and consequently direct the respondents to absorb the petitioners in the suitable post with all attendant benefits. The case of the petitioners, in brief, is that they belong to Tribal Community and all of them have been working from the year 1994 and 1995 onwards in the respondents’ societies. The services of the petitioners have been extracted as contract labour through the contractors, who are respondents 7 to 11. The petitioners are the members of the Society and the work has been entrusted to the managing committee of the society in turn they will engage the members for performing the contract work entrusted to the society and the petitioners will be paid the wages by the managing committee of the society. They have been working all through and in fact their services have been very much required for the functioning of the KTPS-V stage. The petitioners have been engaged for the works relating to plant maintenance civil works, pocking and other works in coal plant area. The village of Suraram where the KTPS-V stage plant is situated is notified as Tribal area and as such the Government had issued notification vide G.O.Ms.No.50, dated 05.03.1987 under V Schedule of Constitution of India directing that all the posts of Attenders arising in schedule area shall be filled up by the members of the local schedule candidates and the said G.O. was in fact adopted by the then APSEB vide BPMS. No.17, dated 01.05.1998 as such in view of the said order issued under the Constitution any posts of last grade equivalent to the post of Attender have to be filled up only with the Schedule Tribal candidates. While that being the statutory provision, the respondents 3 to 5 have been completely given a goby to the Constitutional mandate and adopted the method of usurping the rights of the Tribals by entrusting the works requiring regular performance to the contractors. The said work has been entrusted to the tribal societies i.e. respondents 7 to 11 societies as if the local tribals are being given employment. By adopting this method, the respondents have issued a memo dated 20.05.2000 undertaking the process of absorption into the posts existing in DKTPS-V stage by showing nominal adoption of reservation in favour of tribal candidates i.e. 6% while the statutory provision being that 100% reservation should be followed in favour of Tribal candidates. It is further submitted that there are number of posts existing vacant in KTPS-V stage and the respondents in order to accommodate their own people have even conducted interview for absorption to the candidates belonging to communities other than the Tribal Community and in this way the provision of notification issued by the Government under V Scheduled has been flouted and the posts existing in KTPS-V stage are now sought to be filled up with the candidates other than the Tribal candidates, which is illegal and arbitrary. As the petitioners have been working since long time they have to be regularised on both the counts i.e. work experience as well as provision made for their regularisation in the posts as per the notification issued under the Constitution. The respondents have been getting the works in KTPS-V stage done through the respondents 7 to 11 and the contract period is going to end by 30.03.2001. Now, the respondents are contemplating to dispense with the service of the petitioners so as to accommodate their own people, in such an event, the petitioners will not be having any post to get absorption and apart from, if the petitioners are disengaged, there will not be any source of livelihood. As such, the impugned action of the respondents 3 to 5 in not regularising the service of the petitioners in existing vacancies of Mazdoors/JPAs in KTPS-V stage and further action of the respondent in initiating proceedings for terminating their services is liable to be declared as illegal. Hence, the present writ petition. On behalf of the 11th respondent filed counter denying the averments of the petitioners and iner alia submitted that the petitioners 34 to 36 are not the members of 11th respondent Society. By submitting fabricated documents they have filed the present case by showing that they are the members of the 11th respondent society and they are working in the 11th respondent society. The petitioners 34 to 36 have not worked in the 11th respondent society and they are claiming for continuation of their services through the society by obtaining interim orders from this Court by producing false documents. Therefore, they are not to be continued in the works of the society. From a perusal of the proceedings of this Court, on 30.03.2001 while issuing notice before admission passed interim direction to the respondents 7 to 11 to continue the petitioners in service and thereafter on 31.01.2002 writ petition was admitted. On 17.02.2003 on filing of WVMP. No.3405 of 2002 interim direction passed on 30.03.2001 was vacated insofar as petitioners 34 to 36 are concerned. The main grievance of the petitioners is that they are the contract labours working since 1994 and 1995 onwards and they are being employed through the contractors and there is communication between the official respondents that their services shall be absorbed and contrary to the said correspondence the respondents have taken steps to dispense with the services of the petitioners. Therefore, they are apprehending their termination and they filed the present writ petition. The Director of Tribal Welfare addressed a letter dated 14.02.2000 to the General Mnager (Admn) APGENCO, Vidyut Soudha, Hyderabad requesting to consider and issue necessary orders to appoint local STs as casual labourers in KTPS-V stage. Having regard to the facts and circumstances of the case, this Court on 30.03.2001 granted interim direction to the respondents 7 to 11 to continue the petitioners in service and on filing the vacate petition denying the averments of the petitioners specifically mentioned that the petitioners 34 to 36 are not the members of their society, therefore, this Court vacated the interim direction insofar as petitioners 34 to 36 are concerned. Pursuant to the interim direction of this Court, the petitioners, except 34 to 36, are continuing in service, therefore, this writ petition can be disposed of with a liberty to the petitioners to make a representation with full particulars to the official respondents for considering their cases for absorption. In view of the above, this writ petition is disposed of with a liberty to the petitioners to make a representation with full particulars to the official respondents, within a period of four weeks, from the date of receipt of a copy of this order and on filing of such representation by the petitioners, the official respondents are directed to consider the case of the petitioners, except petitioners 34 to 36, for absorption and pass appropriate orders, in accordance with law, within a period of two months from the date of filing of the representation. Accordingly, this writ petition is disposed of. There shall be no order as to costs. _________________________ JUSTICE G.CHANDRAIAH Date: 25.11.2010 LSK