IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 6220 of 2008 Between: MD Jahangir, S/o.MD. Chotumiya, Fuse of Call & Maintenance,Kushaiguda Section, Sainikpuri Sub- Division, Medchal Division,Rangareddy District. ..... PETITIONER AND 1 AP TRANSCO, Rep by its Chairman & Managing Director, APCPDCL, Vidyur Soudha, Khairatabad, Hyderabad. 2 The Superintending Engineer(Opn) Mahabubnagar, APCPDCL,Mettugadda, Mahabubnagar. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the respondents in not selecting/appointing the petitioner as Junior Linemen is bad, arbitrary, illegal, unjust, and unreasonable and consequently direct the respondents to appoint the petitioner as Junior Linemen under control of the 2nd respondent herein. Counsel for the Petitioner:MR.P.VENKATESWAR RAO Counsel for the Respondents: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 6220 of 2008 ORDER: The petitioner was engaged as a contract labour, in relation to a work, entrusted by the respondents, to a Labour Contractor. It is stated that while on duty, the petitioner has fallen from a transformer and sustained injuries. The respondents have initiated steps for appointment of Junior Linemen. The contract labour were given preference, subject to their passing the pole climbing test. The petitioner, however, could not pass the pole climbing test conducted on 04.06.2007, on account of the injuries sustained by him and the treatment, that was in progress. In fact, the Divisional Engineer had addressed a letter, dated 30.05.2007, recommending that the petitioner be exempted from the pole climbing test. The Superintending Engineer, Operation, Ranga Reddy Circle, in turn, addressed a letter to the Superintending Engineer, Mahaboobnagar, requesting to exempt the petitioner from the said test. This Writ Petition is filed with a prayer to declare the action for the respondents, in not selecting and appointing the petitioner as Junior Lineman as arbitrary. It is represented that the petitioner has since become fit to undergo the pole climbing test also. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. Admittedly, there is no provision for granting exemption of any conditions of selection. Therefore, no exception can be taken to the action of the respondents in not selecting the petitioner. The case of the petitioner, however, stands on a different footing, inasmuch as several authorities of the A.P.Transco themselves have certified his ability as well as the factum of sustaining injuries, while on duty. Under these circumstances, the petitioner cannot be penalized for the honesty, which he exhibited, while discharging the duties in the works undertaken by the 1st respondent-Company. No prejudice would be caused to anyone, in case, the petitioner is subjected to pole climbing test and his case is considered against any existing or immediately arising vacancy. The Writ petition is, accordingly, disposed of, directing that the 2nd respondent shall arrange for a pole climbing test to the petitioner and in case, he passes the same, and possesses other qualifications, his case shall be considered for appointment against any existing vacancy of Junior Lineman or the one, which may arise in the immediate future. There shall be no order as to costs. _________ 01.04.2008 Note: Issue C.C. in one week. (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 6220 of 2008 Date: 01.04.2008 JSU