IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESTDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11167 of 2009 Between: 1 J.Surender, S/o. Rajaiah, R/o. H.No.12-97, Akkalawada, Ramayampet, medak District. 2 K.Yadaiah, S/o. Narayana R/o. Akkanapeta, Ramayampet, Medak District. ..... PETITIONERS AND 1 The Andhra Pradesh Central Power Distribution Company Limited, Red Hills, Hyderabad, Rep by its Chairman & Managing Director. 2 The Superintending Engineer (Opertion Circle) Medak At Sangareddy APCPDCL Medak District. .....RESPONDENTS 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 an order direction more particularly one in the nature of writ of mandamus direct in the respondents to consider the case of the petitioners for the post of contract JLM In Medak District. Counsel for the Petitioner: MR.DASARI VIJAYA KUMAR Counsel for the Respondent No.: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : HONOURABLE MS JUSTICE G.ROHINI WRIT PETITION No.11167 of 2009 ORDER: The respondents issued notifications dated 08.06.2006 and 20.06.2006 for recruitment of Contract Junior Lineman. Alleging that the petitioners were not permitted to attend the interview, the petitioners herein had earlier filed W.P.No.11234 of 2007. This Court by order dated 13.04.2006 in W.P.M.P.No.14010 of 2007 directed the respondents to permit the petitioners to appear for interview as well as the written test subject to the following conditions:- 1. The petitioner shall satisfy the eligibility criteria contained in the employment notification: 2. The selections of the petitioner if any made shall be subject to further orders in the writ petition and W.P.M.P. Accordingly, the petitioners were allowed to attend the interview as well as the test. It is claimed by the petitioners that they were successful in the pole climbing test and they had also satisfied other requirements. However, they were not appointed but on the other hand similarly situated other persons were appointed. Aggrieved by the same, the present writ petition is filed seeking a direction to consider the case of the petitioners for appointment in the post of the Contract Junior Lineman. In the counter affidavit filed on behalf of the respondents, it is stated that as per the guidelines of Corporate Office, the candidate must be a sub-station operator/field departmental contract labour and the service certificate issued by the concerned Divisional Engineer should be submitted. Relaxation of upper age limit is permissible up to 5 years for SC/ST/BC candidates and Rule of Reservation will be followed strictly as per existing rules. It is contended that since the petitioners had failed to produce the experience certificate issued by the concerned Divisional Engineer, they were not given the appointment. Heard both sides. Under the notification, the eligibility criteria is specified as under: 6. Criteria for selection: i. SSLC/SSC/10th Class with ITI qualification in electrical/wireman trade or Intermediate Vocational course in Electrical trade is compulsory. ii. The Operation Circle/District will be the unit of appointment. iii. Pole Climbing is compulsory. iv. If conditions (i) (ii) and (iii) above are fulfilled preference will be given to the experience as noted below. a) Presently serving contract labour who are working now for manning of Sub-Stations of A.P. Transco/A.P. Discoms with recoiled evidence through sub-Station Log Books to be certified by the concerned Divisional Engineer. Or Presently serving contract labour for any other works in A.P.Transco/A.P. Discoms with recorded evidence of EPF number in his name to be certified by the concerned Divisional Engineer. b) If contract labour and fresh candidates apply for the post, the contract labour will be given preference for selection. c) If more than one contract labour apply for the post, the contract labour with earlier Date of Birth will be given preference for selection. d) If there are only fresh candidates who apply for the post, the marks obtained in the qualifying examination will be criteria for selection. As could be seen, experience is also one of the requirements under the eligibility criteria for selection. According to the respondents, the petitioners had failed to produce such experience certificate. However, the learned counsel for the petitioner across the bar submitted that the experience certificates were sent by the petitioners by registered post and the same were received by the respondents on 22.06.2009. In the circumstances, the writ petition is disposed of with a direction to the respondents to consider the candidature of the petitioners, provided the experience certificates produced by the petitioners satisfy the criteria for selection prescribed in the notification and to declare the results, if the selection process is not finalized as on today. No costs. _____________ G. ROHINI,J Date: 04-08-2009 KLP