IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF APRIL, TWO THOUSAND NINE PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6359 of 2009 Between: Mohd Hasnuddin ..... Petitioner AND The Andhra Pradesh Central Power Distribution Company Limited, Red Hills, Hyderabad, rep., by its Chairman & Managing Director & another. .....Respondents Counsel for the petitioner : Sri Dasari Vijaya Kumar Counsel for the respondents: Sri P.R. Balarami Reddy This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6359 of 2009 ORDER:- This writ petition is filed for a Writ of Mandamus to declare the action of the respondents in not appointing the petitioner as Junior Lineman on contract basis in pursuance of notification dated 20.10.2006 as illegal and arbitrary. In pursuance of notification dated 20.10.2006 issued by respondent No.2, the petitioner attended the pole climbing test and interview held on 05.06.2007. The grievance of the petitioner is that though he is qualified and eligible, he was not appointed as Junior Lineman. In the counter-affidavit filed by respondent No.2, it is inter alia stated that the petitioner passed the pole climbing test and he also possessed all the qualifications for being considered and appointed as Junior Lineman, but, however, he stated that one person by name Sri G. Balram, who is also eligible as the petitioner is, was preferred because he is elder than the petitioner, as his date of birth was 05.05.1978 while the petitioner was born on 30.01.1981 and the said Balram was selected as the last candidate in the merit list. No reply affidavit is filed controverting these averments. Inasmuch as the petitioner is younger to the said Balram and as per the prescribed procedure, where there is equal merit between two candidates, the person with higher age is entitled for preference. In view of the same, I do not find any illegality in not appointing the petitioner to the post of Junior Lineman. However, the petitioner is entitled to apply for the said post as and when fresh vacancies are notified in future and the respondents shall consider his case according to merit. Subject to the above observations, the writ petition is dismissed. As a sequel to dismissal of the writ petition, WPMP.No.8310 of 2009 filed by the petitioner for interim relief is also dismissed. _____________________________ C.V. NAGARJUNA REDDY, J Date: 27.04.2009 ES