THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 12255 of 2011 DATE: 21st June, 2011 Between: B. Govind … Petitioner A n d Central Power Distribution Corporation of A.P. Limited and 2 others … Respondents THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 12255 of 2011 ORDER: This Writ Petition is filed seeking issuance of Writ of Mandamus declaring the action of the respondents in placing the petitioner at Serial No.85 in the provisional seniority list dated 02.08.2010 of the category of Junior Lineman, though the petitioner is entitled to be placed at Serial No.6 as per the date of birth and entry into service, as illegal and arbitrary. The brief facts that are necessary for disposal of the writ petition are as follows: The petitioner worked as contract labour in the first respondent- corporation from 1993 to 2008 in various capacities such as shift operator, skilled labour, attending operational works, break down works etc. The petitioner also possess requisite qualifications for the post of Junior Lineman in the respondent-corporation. The respondent-corporation called for applications for the post of Junior Lineman on contract basis by notification dated 08.06.2006 and a revised notification dated 20.10.2006 and the contract labourers working in the respondent-corporation were given preference. The petitioner was called for the interview scheduled on 02.06.2007. The petitioner attended the interview but couldn’t participate in the Pole Climbing Test conducted by the respondent, as he suffered departmental accident on 12.02.2007 and sustained serious injuries due to falling down from the pole due to induction, while attending to Fuse Off Call at Veltoor (A.G) relating to service connection No.65. The petitioner was treated as inpatient for considerable time as his right leg was badly injured and fractured. The Field Officials of the respondent have recommended to the respondent-corporation to exempt the petitioner from the Pole Climbing Test because of the injuries he suffered while attending departmental works. The petitioner submits that the respondent-corporation did not consider the recommendation, due to which he filed Writ Petition No.11249 of 2007 before this Court. This Court directed the respondent-corporation to consider the petitioner’s case for appointment to the post of Junior Lineman without subjecting him to Pole Climbing Test. In spite of directions of this Court, the respondent-corporation conducted the Pole Climbing Test and appointed the petitioner as Junior Lineman by Proceedings in Memo No. SE/OP/MBNR/PO/ADM-C2D No.8104/07 dated 27.10.2007 and posted him to Jedcherla which is an operation circle. Subsequently, the respondent-corporation regularized the services of contract Linemen in permanent vacancies with effect from 10.11.2009 and published a provisional seniority list on 02.08.2010 in Proceedings No.DEE/OP/JDL/ADM-C2 D.No.1496. The petitioner was placed at Serial No.85 in the said provisional seniority list. The petitioner submits that the services of all the contract Junior Linemen who were appointed pursuant to the notification in the year 2006 have been regularized on the same day and their services were taken into consideration with effect from 10.11.2009. As the date of entry into service is given on 10.11.2009 to all the recruitees, the date of birth of the incumbents is taken as criteria for fixing the seniority. The petitioner submits that as per his date of birth, he should have been placed at Serial No.6. The petitioner submits that the respondent- corporation has not given any reason for placing him at Serial No.85 and the petitioner has made a representation on 23.12.2010 against the said provisional seniority list dated 02.08.2010. But so far his representation has not been considered and the 3rd respondent has not published the final seniority list till date. The learned counsel for the petitioner contended that considering the date of birth as criteria, the petitioner has to be placed at Serial No.6 and for that purpose a representation was made by the petitioner to the 3rd respondent on 23.12.2010, and appropriate decision has to be taken by the 3rd respondent in accordance with the Rules and Regulations governing the service conditions of the petitioner. The Writ Petition is accordingly disposed of, directing the 3rd respondent to take appropriate decision on the representation dated 23.12.2010 and pass appropriate orders in accordance with the Rules and Regulations and communicate the same to the petitioner. There shall be no order as to costs. ______________________ JUSTICE K.C. BHANU 21st June, 2011 Note: Issue C.C. in one week. B/o KSM