IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINETH DAY OF JANUARY, TWO THOUSAND NINE ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.20888 of 2002 Between: Jayanti Anantha Padmanabha Rao … Petitioner AND The Andhra Pradesh Eastern Power Distribution Co., Visakhapatnam, rep., by its Superintendent Engineer Operation Circle, APEPDCL, Vidyut Sakha Bhavan, Godavari Bund, Rajahmundry (PO), E.G. Dist., & another. … Respondents Counsel for the petitioner : Sri P. Narasimha Rao Counsel for the respondent : Sri P.R. Balarami Reddy SC for AP Transco This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.20888 of 2002 ORDER:- This writ petition is filed for a Writ of Mandamus to direct the respondents to consider the petitioner for appointment to the post of Lower Division Clerk (for short, ‘LDC’)/Revenue Cashier under the control of respondent No.1. Heard Sri P. Narasimha Rao, learned counsel for the petitioner and the learned Standing Counsel for the respondents. The petitioner claims to have worked as a casual labourer in the erstwhile State Electricity Board for a total number of 66 days from 03.10.1980 to 25.12.1981. He had Intermediate qualification. The erstwhile APSEB issued memo dated 26.08.1985 providing regular appointment for ex-casual labour against the vacant posts in field offices and also LDC/Revenue Cashiers for graduate ex-casual labour. As the petitioner worked only for 66 days with a pass in intermediate, he was not found eligible for any post. The petitioner averred that after issuance of B.P.Ms.No.36 dated 18.05.1997, which provided for absorption of ex-casual labour/village electricity workers/contract labour against the 50% of the existing vacancies, he did not apply for any post either as junior lineman or as LDC, as he could not climb poles and was not a graduate at the time of holding interviews. The petitioner referred to newspaper publication dated 31.08.2000 inviting applications from the ex-casual labour, village electricity workers and contract labour for the leftover 50% posts of Sub- Engineers and LDCs in the operation circle, Rajahmundry. He claims that by that time he passed B.A. and therefore he applied to the post of LDC on the basis of the qualification he had acquired latter. As the respondents have not considered his case, he filed the present writ petition. Though Sri P. Narsimha Rao made strenuous efforts to convince this Court that subsequent acquisition of the qualification cannot render the petitioner ineligible for being considered, I have not felt persuaded to accept the same. The petitioner made his claim for absorption in respect of the vacancies earmarked under B.P.Ms.No.36 dated 18.05.1997. Therefore, he is bound by the conditions contained in the said proceedings. Clause 5 (b) of the said proceedings reads as under: “Educational Qualifications: Educational qualifications shall be as per Board’s Service Regulations in force at the time of their first engagements. There shall be no relaxation of educational qualifications or other relevant technical qualifications which are prescribed in the service regulations for such appointment.” The above-reproduced condition clearly stipulates that the candidate seeking absorption shall hold educational qualification as per the Board Service Regulations in force at the time of their first engagement. Therefore, in order to be eligible for being considered to the post of LDC, for which graduation qualification is a pre-requisite, the petitioner should have held the said qualification on the date of his first engagement, which was in the year 1980, but admittedly, he did not hold the said qualification at that time. Therefore, he is not eligible for being considered for absorption under the scheme framed under B.P.Ms.No.36 dated 18.05.1997. For the abovementioned reasons, the writ petition fails and is accordingly dismissed. As a sequel to dismissal of the writ petition, WPMP.No.26149 of 2002 filed by the petitioner for interim relief is also dismissed. ____________________________ C.V.NAGARJUNA REDDY, J Date: 29.01.2009 ES