HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.32991 of 2011 Dated 14-12-2011 Between: J.Govinda Raju. …Petitioner. And: APTRANSCO, represented by its Chairman and Managing Director, Hyderabad and others. …Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.32991 of 2011 ORDER: This writ petition is filed seeking to issue a writ of Mandamus to declare the action of the respondents 1 and 2 for non-inclusion of ‘Diploma in Electrical’ Branch as one of the eligible educational qualifications for appointment to the post of Junior Lineman, as illegal, bad and arbitrary and opposed to Articles 14 and 16 of the Constitution of India and consequently, declare that the petitioner is entitled to participate in the ensuing recruitment process for appointment to the post of Junior Lineman basing on the qualification of ‘Diploma in Electrical’ Branch on par with the managements decision of APCPDCL and APSPDCL. The case of the petitioner, in brief, is as follows: He is working as skilled worker at 132 KV Grid Sub Station, Peddapuram, East Godavari District in the 2nd respondent’s company through the respective contractors ever since the year 2003 duly allowing the artificial break in service for every six months and presently his contract period is also extended from the month of November, 2011 to March, 2012. The duties of a skilled worker will more or less be equal to that of the Junior Lineman. Earlier notifications were issued by the respondents in the year 2006 for filling up of 7114 posts of Junior Lineman through out the State on various dates prescribing the method of appointment and selection to the post of Junior Lineman. Accordingly, the educational qualifications for the appointment to the post of Junior Lineman are SSLC/SSC/10th Class with ITI qualification in Electric Trade or Intermediate Vocational Course in Electric Trade from a recognized institution/Board. While things being so, the 3rd respondent issued a notification in the year 2007 inviting applications for the post of Junior Lineman prescribing the same qualifications as stated above. Thereafter, upon the representations of certain contract labour having diploma qualification, a memo No.CGM/Commi/GM (Per)/AS/PO-A/449-A1/06, dated 9-5-2006 was issued informing the Superintending Engineers/Operations/APCPDCL that the contract labour who possess the qualification i.e., Diploma in Electric Branch, without having the required ITI qualification for appointment to the post of Contract Junior Lineman are also eligible. Further, the Chief Engineer, Zone, Tirupati, Vijayawada of the 4th respondent’s office issued an amendment vide Memo, dated 10-7-2007 with regard to the recruitment of contract Junior Lineman requesting the Superintending Engineer/Operation to send the list in the ration 1:10 from among the existing applications on the basis of percentage of marks in ITI, Intermediate Vocational Course and Diploma in Electrical for Backlog vacancies only for verification of genuineness of the certificates. 4th respondent company also regularized the services of certain contract Junior Lineman possessing the qualification of Diploma in Electric Branch vide Memo dated 3-2-2010. 2nd respondent also issued E.OO(HRD) MS.No.160, dated 16-7-2009 relaxing the qualification of ITI for appointment by transfer to the post of junior Lineman from the categories of office Subordinate/watchman. If the respondents proceed with the notification without considering the request made, the petitioner will be put to great hardship and irreparable loss and once for all lose the chance of securing a regular and permanent job in the 2nd respondent’s company. Heard the learned counsel. It is contended by the learned counsel for the petitioner that the respondent-companies had already taken a decision to include the diploma in electrical branch without having the required I.T.I. qualification for appointment to the post of Junior Lineman. It is further contended that those decisions have not been implemented by them though they were taken in the year 2007. Therefore, the union made a representation dated 8-12-2011 requesting them to considering the case of the petitioner and others. It is contended by the learned Standing Counsel for the respondents that there is no cause for the petitioner to approach this Court and so far no notification is issued and the petitioner sought for direction to the respondent-companies for inclusion of ‘Diploma in Electrical’ branch so as to enable him to make an application in the ensuing recruitment by the respondent-companies to the post of Junior Lineman. Therefore, this writ petition is not maintainable. Perused the material available on record. The main grievance of the petitioner is that he is possessing qualification of diploma in electrical branch. His further grievance is that the decisions taken by the respondent-companies are not yet been implemented. As seen from the record, it goes to show that the decisions with regard to the recruitment of the posts of Junior Lineman are already taken by the respondent-companies. This Court feels that it is the look out of the respondent-companies to implement their own decisions. Hence, the approach of the petitioner is premature and therefore, this writ petition is not maintainable and the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. ________________________ Justice G.CHANDRAIAH Dated 14-12-2011. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.32991 of 2011 Dated 14-12-2011