IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION Nos.23452, 24055 & 24423 of 1999 W.P.No.23452 of 1999 Between: 1 K. Rama Rao S/o.Chennamallu, R/o.Paloncha, Kothagudem Thermal Power Station, Khammam District. 2 A. Satyanarayana Murthy, S/o.Suryanarayana R/o.Paloncha, Kothagudem Thermal Power Station, Khammam District. 3 Ch.V. Nageswara Rao S/o. Rama Rao, R/o.Paloncha, Kothagudem Thermal Power Station, Khammam District. 4 Mohammed Tahseen S/o.Mohsin R/o.Paloncha, Kothagudem Thermal Power Station, Khammam District. 5 K. Sankaraiah S/o. Sundaram R/o.Paloncha, Kothagudem Thermal Power Station, Khammam District. 6 Shaik Saleem S/o Mastan Raja, R/o.Paloncha, Kothagudem Thermal Power Station, Khammam District. 7 B. Nageswara Rao, S/o. Ramulu, R/o.Paloncha, Kothagudem Thermal Power Station, Khammam District. 8 Sk. Khader Babu, S/o.Osman, R/o.Paloncha, Kothagudem Thermal Power Station, Khammam District. 9 K. Pulla Rao S/o.Krishnaiah R/o.Paloncha, Kothagudem Thermal Power Station, Khammam District. ..... PETITIONERS AND 1 The A.P.GENCO, rep.by its Chief Engineer, O&M, K.T.P.S. Vth stage, paloncha, Khammam Dist. 2 The A.P.GENCO, rep.by its Chairman & Managing Director, Vidyutsoudha, Hyderabad. .....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 a writ, order or direction more particularly one in the nature of Writ of Mandamus directing the respondents to consider the candidature of the petitioners herein for the post of Junior Plant Attendants notified vide notification No.CEE/O&M/KTPS/V/F.No.33/D.No.503/99 dated 2.2.99 on preferential basis and by giving age relaxation as held by the Hon'ble Supreme Court in its judgment reported in AIR 1995 S.C. 1115. Counsel for the Petitioners : MR.EATHAKOTA VENKATA RAO Counsel for the Respondents : P.R.BALARAMI REDDY(SC FOR AP TRANSCO) W.P.No.24055 of 1999 Between: 1 V.Prabhakar Rao, S/o. V.Kodanda Ramaiah, R/o. Paloncha, Khammam. 2 E.Guruvaiah, S/o. Veeraswamy, R/o. Paloncha, Khammam. 3 Sk.Rafi Ahmed, S/o. Madar, R/o. Paloncha, Khammam District. 4 Md.Hussain, S/o. Azizuddin, R/o. Paloncha, Khammam District. 5 S.Nageswara Rao, S/o. Gopaiah, R/o. Paloncha, Khammam District. ..... PETITIONERS AND 1 The A.P.GENCO, Rep. by its Chairman & Managing Director, Vidyutsoudha, Hyderabad. 2 The A.P. GENCO, Rep. by its Chief Engineer, O&M, KTPS, Vth Stage, Paloncha, Khammam. .....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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned action of the 2nd Respondent is issuing notification No.CEE/O&M/KTPS/V/F.No.33/D.No. 503/99, dated 02/02/99 by prescribed maximum age limit as 25 years for the post of Junior Plant Attendants and thereby not allowing the petitioners for selection as highly illegal, arbitrary and contrary to the service regulations issued by the Board and also violative of Art.14 and 16 of the Constitution of India apart from without jurisdiction and pass such other or orders in the interest of justice. Counsel for the Petitioners :MR.EATHAKOTA VENKATA RAO Counsel for the Respondents: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) W.P.No.24423 of 1999 Between : 1 Shaik Saleem, S/o. Mastan Raja, R/o. Palvoncha, K.T.P.S., Khammam District. 2 Ch. Venkata Ramana, S/o. Latchiah, R/o. Palvoncha, K.T.P.S.,Khammam District. 3 Md. Rafiudding, S/o. Md. Sameeruddin, R/o. Palvoncha, K.T.P.S., Khammam District. 4 K. Pulla Rao, S/o. Krishnaiah, R/o. Palvoncha, K.T.P.S., Khammam District. 5 K. Sankaraiah, S/o. Sundram, R/o. Palvoncha, K.T.P.S., Khammam District. 6 A. Satyanarayana Murthy, S/o. Suryanarayana, R/o. Palvoncha, K.T.P.S., Khammam District. 7 Mohammed Tahaseen, S/o. Mohsin, R/o. Palvoncha, K.T.P.S., Khammam District. 8 Ch. V. Nageswara Rao, S/o. Rama Rao, R/o. Palvoncha, K.T.P.S., Khammam District. 9 K. Rama Rao, S/o. Chennamallu, R/o. Palvoncha, K.T.P.S., Khammam District. ..... PETITIONERS AND 1 The APGENCO., Rep. by its Chief Engineer, O&M, K.T.P.S. Vth Stage, Palvoncha, Khammam District. 2 The APGENCO., Rep. by its Chairman & Managing Director, Vidyut Soudha, Hyderabad. .....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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the impugned action of the 1st respondent in issuing the notification No.CEE/9&M/KTPS/V/F.No.33/ D.No.503/99 dt.2-2-1999 by prescribing maximum age limit as 25 years for the post of JPAS and thereby not allowing the petitioners for the selection, as highly illegal, arbitrary and contrary to the service Regulations issued by the Board and also violative of Art.14 & 16 of the Constitution of India and also without jurisdiction and pass such other order or orders as this Hon'ble Court may deem it and proper in the circumstances of the case. Counsel for the Petitioners : MR.G.V.SHIVAJI Counsel for the Respondents : MR.K.CHIDAMBARAM(SC FOR AP GENCO) The Court made the following : COMMON ORDER : These three writ petitions were filed when a notification was issued by the respondent-Andhra Pradesh Power Generation Corporation Limited for appointment to the post of Junior Plant Attendants. The petitioners are aggrieved of restricting the maximum age limit to 25 years in the notification. Though it is the case of the petitioners that as per the A.P.Electricity Board Employees (Service) Regulaions Part-I, the maximum age limit is 30 years, inspite of the same, respondents have restricted the maximum age only up to 25 years. 3. In the counter affidavit filed on behalf of the Corporation, it is stated that having regard to the nature of posts notified, the age restrictions which are notified in OSS Statutory Rules governing the staff of O & M category will apply, and as per the said Regulations, no person above the age of 25 years shall be eligible to employment to any category or grade. Though such a stand is taken by the respondents, no reply affidavit is filed by the petitioners to controvert the same. Further, it is submitted that though all the vacancies were filled up, and even then, the selected candidates were not impleaded as party-respondents. 4. In view of the paucity of time and further, in view of the stand taken by the respondents in the counter affidavit, no declaration can be given, declaring the impugned notification as illegal at this stage. 5. The writ petitions are devoid of merit and are accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 27th January 2009. ajr