THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.4520 of 2005 ORAL ORDER: This writ petition is filed in a representative capacity by the A.P. Power Generating Employees Union, represented by its Regional President, seeking a Mandamus declaring the action of the third respondent in issuing Memo No.C/O&M/KTPS/ADM/B.3/D.No.349/04 dated 4.12.2004 rejecting the petitioner union members for conversion as Junior Plant Attendant as highly arbitrary, illegal, violative of Articles 14 and 16 of the Constitution of India and contrary to the Memo No.APGENCO-GM(HR)/DS (Ser) 829/M2/2000-I dated 19.12.2000 and consequently direct the respondents to convert the petitioner union members as Junior Plant Attendant on par with other persons who are converted from Mazdoor to Junior Plant Attendant. Firstly, the very maintainability of writ petition is in doubt. However, there is no necessity of going into all the details. It appears, in pursuance of the interim orders passed by this Court in W.P.M.P.No.6040 of 2005 dated 7.3.2005, the respondents have considered the case of members of the petitioner union and passed orders rejecting their claim on 18.3.2005. Neither the prayer in the writ petition is amended nor the writ petition is maintainable. Apart from that, the respondents, at paragraph 8 of their counter stated as under: “The petitioners were absorbed into regular service and their services are limited to the Canteen of KTPS only. Their services cannot be comparable to the services rendered by the Workers in Operation and Maintenance of Power Plant. The designation and scale of pay of the Canteen Staff are not one and the same to any other post in the Power Generating Stations. The pay scales and the respective posts were newly designed keeping in view the minimum wages applicable at the time of their absorption to carry out the works of Canteen. It is a distinct unit within KTPS (O&M) complex and the nature of duties of Canteen workers is totally different to the nature of duties of workers in the Power Plant. They cannot be merged with other staff. It is no doubt that the canteen staff comes under O&M Establishment as was ordered in Memo No.APGENCO-GM(HR)/DS (Ser.)/829/M2/2000-1 dated 19.12.2000, but their conversion to Junior Plant Attendant is governed by the process of selection by promotion if they acquire/possess I.T.I/S.S.C. The G.O.O. 614/2002 dated 3.1.2003 is applicable only to Mazdoors but not to any other cadre.” For all the above reasons, I am of the opinion that the writ petition is devoid of merits and liable to be dismissed. Accordingly, the writ petition is dismissed. However, if the petitioners are so advised, they may work out their remedies as available to them under law against the orders passed by the respondents on 18.3.2005. There shall be no order as to costs. ______________ C.V.RAMULU, J Date: 9.4.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.4520 of 2005 9.4.2010 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.4520 of 2005 Date: 9th April, 2010 Between: A.P.Power Generating Employees Union, represented by its Regional President. .. Petitioner And The Managing Director, A.P. GENCO, Vidyut Soudha, Hyderabad & others. .. Respondents