IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 468 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 17/03/2008 in WP NO : 1249 OF 2008 on the file of the High Court.) Between: 1 B. Sailaja W/o Not Known, O/o General Manager (services) APNPDCL., Warangal. 2 P. Vijaya Lakshmi W/o Ramesh, O/o General Manager (Industrial Relations) APNPDCL., Warangal. 3 J. Tirupathi S/o Kanakaiah, O/o Chief General manager (Expenditure) APNPDCL., Warangal. 4 A.G. Gopi Krishna S/o Govindaraju, O/o Chief Vigilance Officer, APNPDCL, Warangal. 5 B. Chandraiah S/o Not Known, O/o General manager (Services) APNPDCL., Warangal. 6 Naini Renuka, S/o Not Known, O/o Chief General manager (Espenditure) APNPDCL, Warangal. ..... APPELLANTS AND 1 The Andhra Pradesh Northern Power Distribution Company Ltd., Warangal, rep by its Chairman and Managing Director, Andhra Pradesh Northern Power Distribution Company Ltd., Warangal. 2 The Andhra Pradesh Northern Power Distribution Company Ltd., Warangal, rep by its Chief General manager (HRD) Andhra Pradesh Northern Power Distribution Company Ltd., Warangal. 3 The Andhra Pradesh Transco., rep by its Chairman and Managing Director, Vidyut Soudha, Khairatabad, Hyderabad. .....RESPONDENTS Counsel for the Appellant : MR.P.V.S.S.S.RAMA RAO Counsel for the Respondents:P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 468 of 2008 JUDGMENT : (Per Hon’ble Sri Justice R.Subhash Reddy) This writ appeal under Clause 15 of Letters Patent, is filed by the petitioners in writ petition No.1249 of 2008, aggrieved by the order of learned single Judge, dated 17th March 2008l. 2. All the appellants/petitioners were originally appointed as Assistants-cum-Computer Operators on 31.02.2002 in the respondent-Power Distribution Company. The initial recruitment was on contract basis, but in the year 2005, their services were regularized under Category 4(A), in the pay scale of Rs.4740 – 8765, with effect from 14.07.2005. In the writ petition, they have questioned the proceedings dated 19th January 2008, issued by the Electricity Board in reference No.N.O.O (C.G.M – H.R.D) Ms.No.301. In the aforesaid proceedings, the Board of the respondent-Company, using its discretion, has decided to consider the contract/training period rendered by the employees for the purpose of promotions to the next category, subject to certain conditions. In the instant case, the next higher post to that of the petitioners’ post, is the post of Junior Personnel Officer in Category 2. It appears that the said discretion is used by the Board to effect promotions to higher categories in view of the dearth of candidates. The learned single Judge, through the impugned judgment, dismissed the writ petition filed by the appellants. 3. In this appeal, it is contended by Sri P.V.S.S.S. Rama Rao, learned counsel appearing for the appellants, that though there is power for using the discretion on the part of the Board as per Regulation 3(d) of the Andhra Pradesh State Electricity Board Service Regulations Part-I, but however, when such discretion is used, it can be used for all purposes including seniority, probation, leave and pension, but the discretion could not have been used only for the purpose of effecting promotions. It is further contended that the orders impugned in the writ petition are contrary to Regulation 41 of the Andhra Pradesh State Electricity Board Service Regulations Part-II. 4. We have perused the proceedings impugned in the writ petition and the order passed by the learned single Judge. 5. Clause 3 (d) of Part-I Service Regulations of Andhra Pradesh State Electricity Board reads as under :- “The Board may absorb a person appointed on contract basis into the Board corresponding cadres in the Board’s service on a permanent basis. Such persons may, in the discretion of the Board, be given credit for the full period of their contract service or part thereof, and thereupon, such service shall be taken into account for all purposes, including seniority, probation, leave and pension.” 6. On a reading of the aforesaid provision, it is clear that the Board’s power is exhaustive. They may use the discretion for all purposes, namely, the seniority, probation, leave and pension, or else, they may also restrict such use of discretion for the limited purpose of giving promotions. 7. The proceedings dated 19.01.2008 clearly indicate that certain posts could not be filled up due to the non-availability of candidates in the feeder cadre who could be promoted to the said posts, and in that view of the matter, the Board has exercised its discretion as provided under Clause 3 (d) of Part-I Service Regulations of Andhra Pradesh State Electricity Board. In view of the same, the contention of the learned counsel for the appellants cannot be accepted. 8. Further, it cannot be said that the proceedings dated 19.01.2008 run contrary to Regulation 41 of Part-II Service Regulations of the Andhra Pradesh State Electricity Board. It is to be noted that as per the order dated 19.01.2008, which is impugned in the writ petition, there is no relaxation of any Regulation of the Board, but the Board has merely used its discretionary power conferred under Regulation 3 (d) of Part-I Service Regulations, to meet the exigency. 9. In that view of the matter, we do not find any infirmity in the proceedings impugned in the writ petition, or any error in the judgment of the learned single Judge, warranting interference in this appeal. 10. Writ appeal is devoid of merit and it is accordingly dismissed. No order as to costs. _________________ ANIL R. DAVE, CJ 29th July 2008 ______________________ R. SUBHASH REDDY, J ajr To 1 The Chairman and Managing Director, The Andhra Pradesh Northern Power Distribution Company Ltd., Warangal. 2 The Chief General Manager (HRD), The Andhra Pradesh Northern Power Distribution Company Ltd., Warangal. 3 The Chairman and Managing Director, The Andhra Pradesh Transco. Vidyut Soudha, Khairatabad, Hyderabad.