IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 26577 of 2007 Between: A.Rajalingam S/o.A.Shankaraiah 33/11 K.V. Sub-station, A.P.C.P.D.C.L. Pangal, Divisional Office, Wanaparthy, Mahabubnagar Distict. ..... PETITIONER AND 1 The Superintending Engineer, Operation Circle, A.P.C.P.D.C.L. Mahabubnagar, Mahabubnagar District. 2 The Chairman & Managing Director, A.P.C.P.D.C.L. Vidyuth Soudha, Somajiguda, Hyderabad. .....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 to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in issuing the impugned order in Lr.No.SE/OP/MBNR/PO/Adm-C2/D.No.1506/07 dated 25.10.2007 of the 1st respondent rejecting the appointment of the petitioner to the post of Junior Lineman, as illegal, arbitrary, discriminatory and against the principles of natural justice and also violation of Articles 14, 16 and 21 of the Constitution of India and set-aside the same consequently direct the Respondents to appoint the petitioner to the post of Junior Lineman on contract basis and pass such other order or orders. Counsel for the Petitioner:MR.D.L.PANDU Counsel for the Respondent No.: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 26577 of 2007 ORDER: The petitioner was appointed as a Shift Operator under a contractor of the erstwhile Electricity Board in the year 1995. His case was considered under B.P.Ms.No.36, dated 18.05.1997, against 50% of the vacancies. However, he was not selected, on account of lack of qualifications. The respondents have initiated steps for appointment of Junior Linemen on contractual basis, by issuing notiﬁcations, dated 08.06.2006 and 20.10.2006. A pass in pole climbing test was prescribed. The case of the petitioner was considered and he was subjected to the test on 02.06.2007. The petitioner approached this Court on earlier occasion by ﬁling W.P.No.16796 of 2007, alleging that the results were not declared. The writ petition was disposed of on 03.09.2007, directing the respondents to consider the case of the petitioner and pass appropriate orders. It was in this context that the respondents passed an order, dated 25.10.1007, stating that the petitioner did not clear the pole climbing test and as such, he was not selected and appointed. The same is challenged in this writ petition. The respondents ﬁled counter aﬃdavit, reiterating the stand taken in their communication, dated 25.10.2007. It is, however, mentioned that a typographical error has crept into the impugned order as regards the date of the test. It is stated that the test was conducted on 02.06.2007 and by mistake, it was mentioned as 04.06.2007. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The respondents did ﬁnd the petitioner eligible to be considered for the post of Junior Lineman on contract basis. Their assertion, be it, in the impugned order or the counter aﬃdavit, that the petitioner did not clear the pole climbing test remains unrebutted. Therefore, it cannot be said that the petitioner was denied selection and appointment, without any basis. Hence, the writ petition is disposed of, upholding the impugned order, but directing that as and when the respondents take up the appointments of Junior Linemen in future, the case of the petitioner shall also be considered, in case he fulﬁls the qualiﬁcations. There shall be no order as to costs. _________ 01.08.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 26577 of 2007 Date: 01.08.2008 JSU