IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 947 of 2009 Between: P. Balaiah S/o. Guravaiah R/o. Bodhanampadu Village & Post, Darshi Village & Mandal, Prakasam Dist. ..... PETITIONER AND 1 The Southern Power Distribution Company of A.P. Ltd. Rep. by its Chairman & Managing Director Corporate Office: Tirupati, Chittoor District. 2 The Superintendent Engineer (Operation) A.P.S.P.D.C.L. Ongole, Prakasam Dist. 3 The Divisional Engineer (Operation) A.P.S.P.D.C.L. Kanigiri, Prakasam Dist. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing the proceedings vide Memo.No. DEE.O.KNG./ADM/JAO/D.No.154/08, dt. 22-12-2008 as illegal, arbitrary, unjust, unreasoned and contrary to the spirit of the B.P. Ms.No.36, dt.18- 05-1997 and other subsequent B.Ps besides violative of Art.14 of the Constitution of India and consequently direct the respondents to fix the seniority of the petitioner in the cadre of JLM taking his entire service, from 28-11-1987 onwards, in the cadre of VEW into count. Counsel for the Petitioner: MR.PEETA RAMAN Counsel for the Respondents.: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : O R D E R : This writ petition has been filed by P.Balaiah assailing the proceedings vide Memo.No.DEE.O.KNG/ADM/JAO/D.No.154/08, dated 22.12.2008, whereby and whereunder seniority in the cadre of Junior Line Man has been revised. 2. The petitioner worked as Village Electrical Worker (VEW). By the time he was appointed as VEW, he was aged 13 years 4 months and 27 days as his date of birth being 01.07.1974. A scheme came to be introduced for absorption of VEWs as Linemen. The scheme is called as B.P.M.S.No.36, dated 18.05.1997. Under the said scheme he came to be absorbed as a junior lineman. A seniority list has been prepared in the cadre of Junior Line Man. The petitioner questioned the seniority list by filing W.P.No.27833 of 2007. The said writ petition came to be disposed of directing the authorities to issue show-cause notice to the petitioner before revising the seniority list. Pursuant to the direction given by this Court, the Authorities issued show-cause notice to the petitioner and the petitioner submitted his objections to the proposed seniority list. The authorities considered the objections and revised the seniority list under Memo.No.DEE.O.KNG/ADM/JAO/D.No. 154/08, dt.22.12.2008. The said memo is under challenge in this writ petition. 3. When the Writ Petition came up for admission, learned Standing Counsel of A.P.S.P.D.C.L. received notice on behalf of the respondents. 4. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents. 5. Learned counsel appearing for the petitioner strenuously contends that the reasons assigned by the authorities for revising the seniority list in the cadre of Junior Line Man as on 15.05.2007 are wholly unjustified and therefore, the Memo. No.DEE.O.KNG/ADM/JAO/D.No.154/08, dated 22.12.2008, is liable to be set aside. 6. Learned Standing Counsel appearing for the respondents submits that the objections of the petitioner to the seniority list have been considered objectively and thereafter seniority list came to be prepared. 7. Indisputably the petitioner was appointed as Village Electrical Worker on 28.11.1987. As on the date of his appointment as Village Electrical Worker, he was aged 13 years 4 months and 27 days. The period for which he worked as a minor is liable to be excluded for any purpose including for seniority. The Divisional Electrical Engineer, Operation, Kanigiri, has taken into consideration this aspect while re- fixing the seniority in the cadre of Junior Line Man. For better appreciation, I may refer para.2 of the order impugned in the writ petition, which reads as hereunder: “On verification of all records it is observed that there are certain lapses in the seniority list of Junior Line-Men Dt.17.02.2007 which are as follows: It is observed by the Divisional Electrical Engineer, Operation, Kanigiri that Sri P.Balaiah, Ex.JLM now ALM, Chandaluru, Operation Section, Darsi joined as Village Electrical Worker on 28.11.1987 at the age of 13 years, 4 months and twenty seven days and his date of birth is 01.07.1974 which is against Regulation No.16, e, 1 of APSPDCL Service Regulations Part II. As per Regulation No.16, e, 1 of APSPDCL Service Regulations Part II he should be within the age limit of above 18 years and below 28 years of age as on the date of his appointment as Village Electrical Worker and also should be in accordance with the other rules or orders issued in that behalf. Hence, the service rendered by Sri P.Balaiah, Ex.JLM now ALM, Chandaluru, Operation Section, Darsi below the age of 18 years i.e. four years seven months four days shall not be eligible for counting to place him in the order of preference in the Village Electrical Workers seniority list intended for their selection as Contract Junior Line-Man during the year 2002-03 and accordingly his place of order of preference is to be re- fixed in the seniority list of Junior Line-Man cadre as on 15.05.2007.” The reasons assigned by the Divisional Electrical Engineer, Kanigiri for revising the seniority of the petitioner are in accordance with the Service Rules. I do not see any flaw in the order impugned in the writ petition. 8. Accordingly, the writ petition is dismissed at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:27th January, 2009. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}