IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 16817 of 1999 Between: S.Srinivas, S/o. Mallaiah, R/o.H.No.260-D, Rudrampur, Kothagudem, Khammam District - 507 119. ..... PETITIONER AND 1 The Andhra Pradesh Power Generation Corporation Ltd., Rep. by its Chairman and Managing Director, A.P., Hyderabad. 2 The Chief Engineer, Q & M/KTPS/V-Stage, A.P.Power Generation Corporation Ltd., Paloncha, Khammam District. .....RESPONDENT(S) 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 to issue a Writ or order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not considering petitioner's/candidature to the post of Junior Plant Attendant in the 1st Respondent Corporation in pursuance of the notification dated 2-2-1999, as arbitrary, illegal and unfair and violative of Article 14, of the Constitution of India; and pass. Counsel for the Petitioner:L.RAVI KUMAR Counsel for the Respondent No.: SMT.K.SESHARAJYAM ORDER: No representation on behalf of the petitioner. In this Writ Petition, the petitioner seeks a direction by way of Writ of Mandamus declaring the action of the respondents in not considering his candidature to the post of Junior Plant Attendant in the Andhra Pradesh Power Generation Corporation Limited, Hyderabad as illegal and arbitrary. The respondent company has issued notification dated 2.2.1999 inviting applications to fill up vacancies of 222 Junior Plant Assistants. It is the case of the petitioner that he has completed ITI course and working as fitter in Thermal Power Station/ stage V/ New Paloncha from 1.9.1995 to 10.3.1998. He claims priority for consideration before any appointments are made pursuant to the notification-dated 2.2.1999. In the counter affidavit filed on behalf of the respondents, while denying the service of the petitioner directly under the company, it is stated that the petitioner might have worked under a contractor. It is further stated that as per the applicable service rules, the qualifying criteria as notified is that no person shall be eligible for appointment to any post of Junior Plant Assistant, if he has not completed 25 years of service from the date of appointment. Further it is stated that relaxation of five years will be given to the candidates belonging to the category of SC, ST and Backward classes. It is further categorically stated that the date of birth of the petitioner is 11.10.1968, and even by extending the benefit of five years, as the petitioner belongs to Schedule Caste, he has already crossed the prescribed age limit by 10.10.1998, whereas the notification was issued on 2.2.1999. In view of the denial of the service of the petitioner in other categories, the petitioner cannot claim any priority in consideration for appointment. In any event, having worked on temporary basis, he has to compete with others provided he is qualified and eligible. Even according to the particulars furnished by the petitioner, he does not fit into the eligibility criteria with regard to age. In that view of the matter, no direction can be given to consider him on priority basis before appointments are made as prayed for. Writ Petition is devoid of any merit and accordingly, the same is dismissed. No order as to costs. _____________________________ R. SUBHASH REDDY ,J Dt. 12.08.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Andhra Pradesh Power Generation Corporation Ltd., Rep. by its Chairman and Managing Director, A.P., Hyderabad. 2 The Chief Engineer, Q & M/KTPS/V-Stage, A.P.Power Generation Corporation Ltd., Paloncha, Khammam District. 3. Two CD copies.