THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO :1431 of 2008 Date: 10.11.2009 Between: Andhra Pradesh Central Power Distribution Co. Ltd., Hyderabad and others. … Appellants and M. Yadaiah ….Respondent THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO :1431 of 2008 Oral Judgment : (per Hon’ble Smt. Justice T. Meena Kumari) The Andhra Pradesh Central Power Distribution Co. Ltd., Hyderabad filed the present appeal aggrieved by the judgment dated 2.5.2008 of a learned single Judge of this Court in Writ Petition No. 27832 of 2007. The Writ Petition filed by the Respondent herein was allowed by the learned single Judge by the common judgment rendered in W.P. No.19051 of 2007 and batch. The brief facts of the case are that the Government through letter dated 7.6.2006, accorded permission to fill up the posts of Junior Linemen on contract basis, pursuant to which the Appellants issued notification dated 8.6.2006 inviting applications for selection of candidates to the posts of Junior Linemen on contract basis incorporating certain parameters of selection. Subsequently, the Government issued letter dated 16.10.2006, approving the altering of the parameters of selection. Basing on the same, the Appellants issued revised notification dated 20.10.2006 altering the method of selection. Aggrieved by the said action, the Respondent/Writ Petitioner filed the aforementioned Writ Petition before the learned single Judge challenging Condition No. 6(iv)(c) of the revised notification dated 20.10.2006 issued by the Appellant-Company to fill up the post of Junior Lineman and the letter bearing No. SE/OP/NLG/Admn/U3/D. No. 959 of 2007, dated 14.8.2007 of the third Appellant. A consequential direction was also sought to direct the Appellants to make selections basing upon condition No. 7 of the Notification dated 8.6.2006. By the impugned common judgment, the learned single judge, allowed the said Writ petition with certain directives. Challenging the same, the Appellants filed the present appeal. When the appeal was taken up for hearing, learned Standing Counsel for the Appellants submitted that though the Respondent participated in the Pole Climbing Test, which was the prerequisite for selection of a Lineman, he however failed in the said test and hence he is not entitled to be selected as a Lineman. In view of the fact that the Respondent/Writ Petitioner had failed in the Pole Climbing Test, which was the prerequisite for selection as a Junior Lineman, we are of the opinion that the respondent-Writ Petitioner is not entitled to be appointed as Junior Lineman. On this sole ground, we allow the appeal and dismiss the Writ Petition. No costs. _________________ T.MEENA KUMARI,J Date: 10th November, 2009 ___________________ SANJAY KUMAR,J pnb