IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD TUESDAY THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 32881 OF 2011 Between: Bhattu Murali & Ors. … Petitioners V/s. APPGC Limited Vidyut Soudha, Hyderabad Represented by its Managing Director & Ors. … Respondents Counsel for the Petitioners : Sri A. Jagannadha Rao Counsel for the Respondents : GP for Social Welfare The Court made the following : (Order follows next page) THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 32881 OF 2011 O R D E R : Heard the learned counsel for the petitioners and the learned standing counsel for the respondents. 2. The writ petition is filed by the petitioners seeking mandamus, declaring the action of the respondents in not engaging the petitioners, who have been working for the last four years in the construction works of KTPS-VI stage by granting preference to their Contract Labour Service, as arbitrary, illegal and violative of Article 14, 16 and 21 of the Constitution of India and consequently to direct the respondents to engage the petitioners as Contract Labour for O & M works against the regular vacant O & M posts of KTPS-VI stage in terms of G.O.Ms.No. 97, SW Department dated 18-10-2001. 3. The case of the petitioners is that they belong to Scheduled Tribes and their villages were effected due to the establishment and construction of V and VI stage of KTPS Paloncha. It is stated that the respondents 1 to 4 have entrusted the construction work to BGR Energy Systems Limited and the said Contractor has engaged the labour including the petitioners. On 19-8-2000, the fourth respondent has addressed a letter to the third respondent requesting to entrust the works to the Tribal Societies wherein he specifically mentioned that category-I villages to which the petitioners belong to shall be given first preference and other villages are category-II as second preference. 4. The learned counsel for the petitioners would submit that as per GO.Ms.No. 97, SW Department, dated 18-10-2001, there shall be reservation to the post within the scheduled area and scheduled tribes. Therefore, the petitioners are entitled for preferential treatment and they filed the present writ petition. 5. The learned counsel appearing for the respondent-corporation would submit that GO relied upon by the petitioner dated 18-10-2001 do not apply in the case of contract labour particularly in case of regular appointment. 6. Having heard both the learned counsel, this Court is not inclined to go into the merits of the writ petition. The case of the petitioners is that the fourth respondent-Project Officer, Integrated Tribal Development Agency, Bhadrachalam, Khammam district happened to writ a letter on 19- 8-2000 to the third respondent seeking issuance of some guidelines to entrust the works to the Tribal Societies. In the said letter, the fourth respondent recommended for providing employment to the petitioners on preferential basis. The fourth respondent happened to be the appropriate authority to look into the interest of the tribal agency area. 7. Having regard to the conditions of the petitioners, it appears that the fourth respondent addressed a letter to the third respondent to consider the case of the petitioners on preferential basis. Therefore, the writ petition is disposed of granting liberty to the petitioners to make representation pointing out the facts and circumstances to the third respondent and thereafter on submitting such representation, the third respondent is directed to consider the same including the letter addressed by the fourth respondent in the matter of considering the case of the petitioners in engaging them as Contract Labour in the respondent-corporation and pass appropriate orders on merits and in accordance with law within a period of two weeks thereafter. 8. With the above direction, the writ petition is disposed of at the stage of admission. No costs. -------------------------------------- JUSTICE G. CHANDRAIAH. 14/12/2011 I s L THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 32881 OF 2011 Circulation No. Date:14-12-2011 Court Master: I s L Computer No. 43