IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.22948 of 1999 Between: G.Parashu Ramulu S/o Mallaiah Operation and Construction Division, A.P.Transco, Kamareddy, Nizamabad District. PETITIONER AND 1 The Superintending Engineer, Operation A.P. Transco, Nizamabad. 2 The Chief Engineer, A.P.Transco, Nizamabad Zone, Nizamabad. 3 The Member Secretary, Transmission Corporation of Andhra Pradesh Limited., Vidyutsoudha, Hyderabad. 4 The Divisional Electrical Engineer, O&C Circle, A.P.Transco, Kamareddy, Nizamabad ditrict. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a Writ, order or direction more in the nature of Mandamus declaring that the petitioner is entitled for regular absorption as Typist/L.D.C. on the basis of qualiﬁcations and experience of the petitioner in the 50% quota earmarked in initial cadres as per B.P.Ms.No.36 and 37,dt.18-5-97 on the basis of the particulars furnished by the divisional Engineer, Electrical O&C Division, Kamareddy in Lr.No.DEE/O&C/KMR/Adm/E1/D.No.2023/98 ,dt.22-9-98. Counsel for the Petitioner: MR.D.LINGA RAO Counsel for the Respondents: MR.P.R. BALARAMI REDDY The Court made the following: THE HONOURABLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.22948 OF 1999 ORDER: In this writ petition, the petitioner, who has been working as a Job Typist in the Operation and Construction Division of A.P. Transco at Kamareddy, Nizamabad District, seeks a writ of Mandamus to declare that he is entitled for absorption as Typist/L.D.C. in the 50% vacant posts reserved in the initial recruitment cadres in terms of B.P.Ms.No.36 and 37 dated 18.05.1997. 2. It is the grievance of the petitioner that he has been working as Job Typist in the respondent Corporation since 1996 and, in spite of availability of vacant posts in the cadres of L.D.C. and Typist in terms of B.P.Ms.No.36 dated 18.05.1997, his case was not considered for regular appointment. 3. In view of the repeated representations of the recognized unions of employees working in the erstwhile A.P. State Electricity Board (for short ‘the Board’) to consider the claims of ex-casual labour, contract labour and village electricity workers while ﬁlling up the regular vacant posts in the Board, the Board has issued B.P.Ms.No.36 dated 18.05.1997 to ﬁll up 50% of the existing vacant posts in initial recruitment cadres by considering the claims of such ex-casual labour, village electricity workers and contract labour. 4. In the counter-aﬃdavit ﬁled on behalf of the respondents, it is categorically stated that the claim of the petitioner is not covered by the guidelines issued by the Board in B.P.Ms.No.36 dated 18.05.1997. It is the speciﬁc case of the respondents that the Job Typists/ Typists engaged through private typewriting institutions are not eligible for absorption of their services in terms of B.P.Ms.No.36. It is also stated in the counter-aﬃdavit that the claim of the petitioner was considered and rejected vide Lr.No.SE/OP/NZB/CO/Adm/C2/F.No.3186/99-14, dated 30.11.1999. 5. As much as the case of the petitioner was considered and rejected vide order dated 30.11.1999, without questioning the said order, the petitioner cannot seek the declaration as sought for by way of Mandamus. In any event, a perusal of B.P.Ms.No.36 and 37 also would show that no beneﬁt of appointment was conferred to the Typists or Job Typists in 50% of the existing vacancies in the initial recruitment cadres. The said beneﬁt was conﬁned only to ex-casual labour, contract labour and village electricity workers. As much as there was no beneﬁt conferred to Job Typists, no directions by way of Mandamus for appointment of the petitioner in terms of the said B.P.Ms.No.36 and 37 can be granted. 6. The writ petition is devoid of merits and is accordingly dismissed. No costs. _________________________ JUSTICE R. SUBHASH REDDY 27th August, 2008 IBL