THE HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO:10925 OF 2007 & W.P.M.P.NO.21695 AND 20579 OF 2011. DATED:30.06.2011 BETWEEN: KASIMALLA KASEEM & OTHERS …PETITIONERS AND THE A.P NORTHERN POWER DISTRIBUTION CO OF A.P. LTD & OTHERS. …RESPONDENTS. THIS COURT MADE THE FOLLOWING: THE HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO:10925 OF 2007 & W.P.M.P.NO.21695 AND 20579 OF 2011. ORDER: The writ petition is filed by the petitioners seeking for a writ of mandamus to declare the action of the respondents in not considering their cases for the posts of Junior Lineman (Yearly Contract Basis) as illegal, arbitrary and against the principles of natural justice and consequently, to direct the respondents to consider their cases for the post of Junior Lineman (Yearly Contract Basis) in the interviews to be conducted on 26.5.2007 or on any other subsequent date and appoint them as Junior Lineman (Yearly Contract Basis) in case they are selected in the interview. The 1st petitioner filed W.P.M.P.No:21695 of 2011 seeking a direction to consider his case for appointment as Junior Lineman by way of absorption as per the directions issued by this Court in W.A.No:1434 of 2008 and batch, dated 10.11.2009 and petitioners-2, 3 and 5 also filed W.P.M.P.20579 of 2011 seeking the same direction. Since the short point that is involved in the writ petition is covered by the order of a Division Bench of this Court, both the learned counsel have urged that the writ petition can be disposed of at this stage. Therefore, the writ petition is taken up for disposal. The case of the petitioners is that they are working as contract labours (contract junior linemen) under the various contractors. On 6.6.2006, the respondent organization issued notification calling for the applications to fill up the vacancies of junior linemen and in response to the same, they have applied for the same. But, they were not issued call letters for the interview, which was scheduled to be held on 26.5.2007. Hence, they filed the present writ petition. This Court by order dated 24.5.2207 while ordering rule nisi granted the interim direction in W.P.M.P.No:13684 of 2007 as under: “Having regard to the fact that this Court in similar writ petition granted interim direction, I deem it proper to issue interim direction to permit the petitioners to appear interview and written test subject to the following conditions: 1.Petitioners shall satisfy the eligibility criteria contained in the employment notification, 2.the selections of the petitioners if any made shall be subject to further orders in the writ petition and W.P.M.P.” Now, it is the case of the petitioners that pursuant to the interim direction granted by this Court, they were interviewed and the respondents have prepared the selection list and in the selection list, except the 4th respondent-P.V.R.Kumar, the rest of the petitioners i.e., 1, 2, 3 and 5 and the respondent-organization prepared the list of the qualified candidates pertaining to the Khammam Circle, C.J.L.Ms Recruitment (Court Cases) for the interviews held on 5.4.2007 and 26.5.2007. Though their names have been shown in the qualified list, they have not been issued any orders. Therefore, they have filed the above W.P.M.Ps. It is their further case that with the direction that was granted by way of interim order in the writ petition filed by the petitioners herein, similarly situated persons have also filed the writ petitions seeking for the self same relief and those writ petitions were disposed of finally directing the respondents to allow them for the interview scheduled to be held by the respondents and accordingly, they have been interviewed and issued the appointment orders. The material on record shows that those candidates have filed W.P.No:10925 of 2007 and this Court by order dated 24.5.2007 granted the following order: “Having regard to the fact that this Court in similar writ petition granted interim direction, I deem it proper to issue interim direction to permit the petitioners to appear for interview and written test subject to the following conditions: 1.The petitioners shall satisfy the eligibility criteria contained in the employment notification, 2.The selections of the petitioners if any made shall be subject to the further orders in the writ petition and W.P.M.P.” At this stage, the learned counsel for the petitioners submits that the similar order can also be passed in the writ petition. On the other hand, the learned Standing counsel appearing for the respondent-organization would submit that in compliance of the orders passed by this Court, the petitioners were subjected to interview and they were declared to be qualified in the interview. However, mere qualifying in the interview is not sufficient to consider their case for appointment in as much as the other conditions have to be fulfilled. It is further submitted that it is not known as to whether the petitioners have fulfilled the other conditions or not. It is submitted by the learned counsel for the petitioners that when once the petitioners are declared to be qualified in the interview, they are entitled for appointment and that the reasons for not issuing the appointment orders have not been assigned to the petitioners. While submitting that the very same issue has been considered by a Division Bench of this Court in W.A.No:1434 of 2009 and batch, dated 10.11.2009 it is submitted by the learned counsel for the petitioners that the issue involved in the writ petition is squarely covered by the said judgment. Therefore, it is relevant to go through the judgment of the Division Bench wherein it is observed in the operative portion of the judgment as under: “Therefore, taking the aforesaid undertakings of the Appellant-Distribution Companies on record, we direct the Appellant companies to appoint all the respondents-writ petitioners, who submitted their applications pursuant to the notifications dated 8.6.2006 and the other dates issued by the various appellant companies, and who have passed the pole climbing test and fulfilled the other eligibility criteria for appointment as junior linemen, without reference to and without insisting upon the fulfillment of Condition No:6 (iv) of the revised notification dated 20.10.2006 within two months from the date of receipt of a copy of this order. We also make it clear that this direction would be applicable to all those candidates, who have not approached this Court but who had applied in pursuance of the aforementioned notifications, subject to the passing of the pole climbing test and fulfillment of eligibility criteria. We however make it clear that the persons who have not applied in pursuance of the notifications dated 8.6.2006 and the other dates and who have not subjected themselves to the selection process have no right whatsoever to claim that they are entitled for such appointment. We also make it clear that all the selected and appointed respondents-writ petitioners and others similarly situated would be entitled for all benefits on par with the persons who have been appointed as junior linemen as per Condition No:6 (iv) (c) of the revised notification including regularization of their services as per rules and policy. The writ appeals are accordingly disposed. No costs.” In the facts and circumstances of the case coupled with the fact that the petitioners have been declared to be qualified as per the list pertaining to the Khammam Circle CJLMS Recruitment (Court Cases) for the interviews held on 5.4.2007 and 26.5.2007 and the observations of the Division Bench in the above writ appeal, I feel it a fit case wherein the respondents can be directed to consider the cases of the petitioners. Accordingly, the writ petition as well as the W.P.M.P.Nos.21695 of 2011 and 20579 of 2011 are disposed of directing the respondents to consider the cases of the petitioners, if they are otherwise eligible to be appointed as contract Junior Lineman as per the Rules and Regulations and pass such orders within a period of four (4) Weeks from the date of receipt of a copy of this order. No order as to costs. _________________ Justice G.Chandraiah. Date:30.06.2011 Note: CC in one Week (BO) Gurc. THE HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO:10925 OF 2007 & W.P.M.P.NO.21695 AND 20579 OF 2011. DATED:30.06.2011