IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5889 of 2009 Between: 1 Shaik Rasheed, S/o. S. Sardar, Manganese Mines, VSP, Vijayanagaram. 2 Billakurti Hanumantha Rao, S/o. late Appala Raju, Manganese Mines, VSP, Vijayanagaram. 3 Gandepali Atchuta Rao, S/o. G. Chellaya, Manganese Mines, VSP, Vijayanagaram. 4 Chanumolu Sivaram Krishna, S/o. Late Samba Siva Rao, Manganese Mines, VSP, Vijayanagaram. 5 Kunipalli Durga Rao, S/o. Kunipalli Ramu, Manganese Mines, VSP, Vijayanagaram. 6 Ganta Tirupathi Naidu, S/o. G. Narasimulu Naidu, Manganese Mines, VSP, Vijayanagaram. 7 Harendranath Thakur, S/o. Narsingh Thakur, Manganese Mines, VSP, Vijayanagaram. 8 Devarapu Srinu, S/o. Appa Rao, Manganese Mines, VSP, Vijayanagaram. ..... PETITIONERS AND 1 The Chairman Cum Managing Director, Rashtriya Ispat Nigam Limited, Ukkunagaram, Visakhapatnam-31. 2 The General Manager (Mines), Rashtriya Ispat Nigam Limited, Visakhapatnam-31. 3 The Assistant General Manager (Mines) Rashtriya Ispal Nigam Limited, Garbham Manganese Mine Post-Garbham - 535 102. .....RESPONDENTS Counsel for the Petitioners:MR.M.L.ALI Counsel for the Respondents:MR. V.N.ANAGANI FOR MR.V.RAVINDER RAO The Court made the following: ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in issuing notification No.10 of 2008, dated 12.12.2008 without absorbing the petitioners as Khalasis, as illegal and arbitrary. Heard Sri M.L.Ali, learned counsel for the petitioners and Sri V.N.Anagani, learned counsel representing Sri V.Ravinder Rao, learned Standing Counsel for the respondents. It is not in dispute that on an earlier occasion, the claim of the petitioners for regularization in respondent No.1 organisation was the subject matter of dispute in Writ Petition No.14794 of 2004 and Writ Appeal No.302 of 2007. The Division Bench while disposing of the said appeal, held as under: “7. Added to the above position, now in view of the legal position as held by a Constitution Bench of the Apex Court in Secretary, State of Karnataka (1 above), the respondents-writ petitioners cannot claim regularization as a matter of right. Though the petitioners would be entitled to compete for recruitment, would be entitled for some weightage and for waiver of age restriction. 8. In these circumstances, we hold that the cases of the writ petitioners/respondents have to be considered for recruitment to suitable posts, whenever recruitment process takes place, any where in Visakhapatnam Steel Plant; and not only at the places where they are working presently. They shall also be entitled for waiver of age restriction and appropriate weightage in the process of selection. The restrictions imposed by the learned single Judge on the recruitment till the cases of the petitioners/respondents are considered is modified, directing the appellants to consider the cases of the petitioners from the very first recruitment that takes place after the date of this order.” The learned counsel for the petitioners submitted that despite the above-mentioned judgment of the Division Bench, the notification impugned in the writ petition has not referred to any relaxation with reference to age restriction or weightage to be given for the persons who have earlier worked such as the petitioners. In my considered view, the grievance of the petitioners though appears genuine, shall not prevent the respondents from going ahead with the recruitment in pursuance of the impugned notification. Since the Division Bench judgment referred to above binds respondent No.1, the petitioners shall be free to make a representation to him and claim the benefit of the said judgment to the extent of age relaxation and weightage to be given for the experience. Subject to the above observations, the writ petition is disposed of. As a sequel to disposal of main petition, WPMP.No.7680 of 2009 filed by the petitioners for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 31st MARCH, 2009. Note: issue c.c. in three (3) days. kvni