THE HON’BLE SRI JUSTCE C.V.RAMULU WRIT PETITION No.12329 of 2007 Dated: 19.04.2010 Between: G. Buchanna. .. Petitioner. And A.P.Transco., rep. by its Chairman & Managing Director, Vidyut Soudha, Khairatabad, Hyderabad, and others. .. Respondents. ORDER: This writ petition is filed by the petitioner seeking a direction to the respondents to consider his case for the post of Junior Lineman in the 2nd respondent Corporation by exempting him from Pole Climbing Test. According to the petitioner, he has been working as contract labourer with the 1st respondent Corporation. Initially, he was engaged as a contract labourer in erstwhile A.P.S.E.B. It is his case that he has been working under the direct supervision of Departmental Engineers and they found his work to be satisfactory and, accordingly, certified the same. The petitioner contends that his case was not considered by the respondents as per B.P.Ms.No.36, dated 18.05.1997, on some ground or the other, and he continued as Contract Labourer. On 19.09.2004, while he was attending to fuse off call at Perur by climbing the pole, for disconnection of service relating to a consumer due to non-payment of bill, he fell down from the pole. Thereafter, he was admitted in District Hospital of Mahabubnagar. There, he was treated as an inpatient and subsequently discharged from the hospital. However, the doctors advised him to take three months bed rest and not to climb poles immediately, but opined that he can attend to other duties of a Lineman with the help of ladder. In the meanwhile, the respondents issued notification, inviting applications for the post of Junior Lineman on contract basis, and the contract labour are being given preference. As per the said notification, the Pole Climbing Test is made compulsory. The petitioner contends that since he possessed requisite qualification of S.S.C and I.T.I in Electrical, he was called for the interview, to which he attended and requested the authorities to exempt him from Pole Climbing Test, but his request was not accepted and he was asked to attend Pole Climbing Test. His grievance is that because he met with an accident while discharging his duties on 19.09.2004, he could not climb the pole in Pole Climbing Test, and on that ground, the respondents are not considering his case for appointment to the post of Contract Junior Lineman. Hence, he filed this writ petition. Smt. K.Sesharajyam, learned counsel for the petitioner, submitted that in similar circumstances, a writ petition being W.P.No.11249 of 2007 was disposed of on 05.06.2007, directing the respondents therein to consider the case of the petitioner therein for the post of Junior Lineman by exempting him from Pole Climbing Test. The learned counsel also produced a copy of the treatment certificate dated 11.06.2007 of the petitioner issued by the Andhra Pradesh Vaidya Vidhana Parishad District Hospital, Mahabubnagar, and stated that the petitioner has undergone Physiotherapy for more than three years, and therefore, the respondents may be directed to conduct afresh Pole Climbing Test to the petitioner. Sri G.Vidya Sagar, learned counsel appearing for the 1st respondent, submits that the 1st respondent is no way concerned with the present proceedings, as the notification was not issued by it. In the facts and circumstances of the case and having regard to the submissions made by the learned counsel on record, I deem it appropriate to direct respondents 2 to 4 to reconsider the case of the petitioner by conducting afresh Pole Climbing Test, and if the petitioner qualifies in the said Test, his case shall be considered for appointment to the post of Contract Junior Lineman, along with others, as per law. Accordingly, this writ petition is disposed of. No order as to costs. _____________ C.V.RAMULU,J 19.04.2010 v v