IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 25155 of 2003 Between: Parasa Satyam S/o. Rosaiah R/o.Market Street, Senivarapupeta, Eluru, Eluru Mandal, West Godavari District. ..... PETITIONER AND 1 The Managing Director, A.P. Eastern Power Distribution Co. Ltd., Vizag 2 The Chief General Manager (HRD), E.P.D.C. of A.P.Limited, Visakhapatnam-530020. 3 The Superintendent Engineer, Operation Circle, APEPDCL, Eluru-534001. .....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 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus by direct the 2nd Respondent to consider and pass appropriate orders on the recommendations of the 3rd respondent in Letter No.SE/O/ELR/DE(T)/PO/Adm./JAO/F.Doc/D.No.1947/02, dt. 16-9- 2002 for absorption of the petitioner as L.M.D. driver in the operation circle of A.P.E.P.D.C.L., Eluru. Counsel for the Petitioner: MR.G.RAMA GOPAL Counsel for the Respondent No.: SMT.M.VINOBHA DEVI The Court made the following : THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No : 25155 of 2003 ORDER: Heard the learned counsel for the petitioner and learned counsel for the respondents. The writ petition is ﬁled praying for issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, directing the 2nd respondent to consider and pass appropriate orders on the recommendations of the 3rd respondent in Letter No.SE/O/ELR/DE(T)/PO/Adm./JAO/F.Doc/D.No.1947/2002, dated 16.9.2002 for absorption of the petitioner as L.M.D. Driver in the Operation Circle of APEPDCL., Eluru. The case of the petitioner is that he is a qualiﬁed driver holding a Heavy Motor Vehicle Licence and he has been working as a Driver in APEPDCL, Operation Circle, Eluru under the 3rd respondent since February, 1992. He further stated that he is working in the regular vacancies and he was not issued any appointment order, as he was treated as contract driver. On the recommendations of the District Collector, the petitioner is being paid the minimum wages of Rs.122/- per day treating him as skilled workman. It is his case, that he has been working as a driver in a clear vacancy of LMD (Line Man Driver) and he is eligible and qualiﬁed for the post of LMD, but without absorbing him as LMD, he was continued as contract driver. On the representation of the petitioner through the 3rd respondent addressed a letter No.SE/O/ELR/DE(T)/PO/Adm./JAO/ F.Doc/D.No.1947/2002, dated 16.9.2002 to the 2nd respondent for absorption of the petitioner on sympathetic grounds, no orders have been passed. Hence, the writ petition is filed. Admittedly, the petitioner was working in the oﬃce of the 3rd respondent as LMD since February 1992. As per the recommendations of the District Collector, he has been paid the minimum wages at Rs.120/- per day and on the request of the petitioner along with other similarly recruited persons, the 3rd respondent in his letter dated 16.9.2002, clearly stated that the representations in respect of certain contract drivers of the Operation Circle Eluru, seeking regular appointment as LMD post, may be considered on sympathetic grounds. The names of the workmen have been mentioned in the said letter and the name of the petitioner is at Sl.No.1. It is also stated that the contract Drivers, who were engaged through various contract agencies are working round the clock on par with the regular drivers and serving the department to the satisfaction of departmental oﬃcers even though the remuneration is not on par with regular departmental drivers. At present, they are being paid minimum wages as approved by the District Collector at the rate of Rs.122/- per day treating them as skilled wrokmen and they are being engaged on K2/Chit Agreements at Divisional Engineers Level. The learned counsel for the petitioner also submits that in the similar case, this Court rendered the judgment dated 22.6.2004 in W.A No.181 of 2001 and in that case, the petitioners are working as drivers on contract basis for the last 10 years and as per the instructions of the Board, they are entitled to be appointed as Junior Linemen, since they fulﬁlled the criteria laid down in various proceedings, including B.P.Ms.No.36, dated 18.5.1997. The grievance of the writ petitioner is that in spite of the same, their cases were not considered by the APSEB. Therefore, the Division Bench of this Court vide its judgment dated 22.6.2004, disposed of the Writ Appeal, directing the appellants to consider the cases of the writ petitioners for absorption, whenever regular vacancies arise, if they are otherwise eligible. Having regard to the facts and circumstances of the case and keeping in view of the judgment in the above Writ Appeal, the writ petition is disposed of directing the respondents to consider the case of the petitioner on the recommendations of the 3rd respondent in his letter No. SE/O/ELR/DE(T)/PO/Adm./JAO/F.Doc/D.No.1947/2002, dated 16.9.2002, for absorption of the petitioner as LMD drivers in the Operation Circle of APEPDCL, Eluru and pass appropriate orders within a period of two months from the date of receipt of a copy of this order. No order as to costs. _____________________ Justice G. Chandraiah Date:13.06.2008 mrb