IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.12266 OF 2011 Date:20.06.2011 Between:- H.Srinivasulu .. Petitioner And The Chairman & Managing Director, APCPDCL, Corporate Office, Mint Compound, Hyderabad and others. .. Respondents THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.12266 OF 2011 ORDER: This Writ Petition is filed to issue a writ of mandamus declaring the action of the respondents in not considering the petitioner’s case for being absorbed in the service of APCPDCL though he has been continuously working from 01.07.1990 as illegal and arbitrary and consequently direct that the petitioner is entitled for absorption with all consequential benefits. 2. The case of the petitioner is that he was appointed as Attender on 01.07.1990 in the office of the Superintending Engineer, APSEB, Kurnool and assigned various duties including the duties of Junior Lineman. Though he was engaged in a regular and sanctioned vacant post, he was treated as a contract worker. When he was sought to be terminated, he filed W.P.No.20280 of 1998 before this Court, which was allowed directing to consider his case according to seniority. A Selection Committee was constituted for filling up of the vacancies and he was called for interview by letter, dated 10/24.10.1997. He attended the interview on 04.11.1997. Though he was qualified and has been continuously working from 01.07.1990, he was not appointed on regular basis and his services have not been regularized. He made representation, dated 22.11.2010, to the respondents but in vain. Hence, he filed the present writ petition. 3. A detailed counter has been filed by respondent No.4 denying most of the allegations in the writ petition. Though the petitioner was working as Contract Labour under Contractor on yearly agreement basis, he is not eligible for absorption in regular post without having requisite qualification at the time of interview made as per B.P.Ms.No.36, dated 18.05.1997. Subsequently, the petitioner passed S.S.C. Exam in March, 2007 and ITI Electrician Trade in July, 2009 and now, he is eligible to apply for any suitable post as per his qualifications whenever a notification for any post will be issued subject to the fulfillment of all the conditions as specified in the notification therein. 4. Learned counsel for the petitioner contended that as the petitioner is qualified and continuously working from 1990, he may be absorbed in regular post as Attender or Junior Lineman or any other suitable post in the respondent Corporation. 5. Learned counsel for the respondents contended that by the date of his appointment as a contract labour, he was not having the requisite qualification of S.S.C. and I.T.I. Therefore, the question of absorption does not arise. 6. The petitioner is seeking for absorption for the post of Junior Lineman. It is not in dispute before this Court that for the post of Junior Lineman, a pass in S.S.C. and I.T.I. are the minimum qualifications. At the time of selecting him as a contract labour, he was not having the requisite minimum qualifications of S.S.C. and I.T.I. On his own showing, he failed in S.S.C. Because he passed in the other tests, he might have been selected to work as a contract labour. That does not give him any right for absorption when he does not possess the minimum educational qualifications for the post of Junior Lineman. When such is the case, giving direction to the respondents for his absorption into the Corporation does not arise. 7. The Writ Petition is, accordingly, dismissed. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 20th June, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.12266 OF 2011 Date:20.06.2011 AMD