IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 9563 of 2007 & 9802 OF 2007 W.P.No. 9563 of 2007 Between: 1 T.V.Subramanyam S/o.T.V.L.N.Murthy r/o.19-3-15(5) Kotaveedhi,Opp:BMC,Ongole Prakasam District 2 S.V.Seshaiah S/o.Late Sri Anjaneyulu R/o.Mukku Varada Reddy House (Upstairs) Jawaharlal street,Kanigiri,Prakasam District ..... PETITIONERS AND 1 The Andhra Pradesh Southern Power Distribution Company Ltd., rep.by its Chairman and Managing Director 2 The Chief General Manager, APSPDCL, Tirupathi 3 The Superintendent Engineer (Operations), Prakasam District .....RESPONDENTS 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 issue an order direction or a writ particularly one in the nature of writ of mandamus directing the respondents not to insist for graduate qualification for promotion to the post of JAO and pass such other order or orders as this court may deem fit and proper under the circumstances of the case. Counsel for the Petitioner:MR.S.RAVINDRANATH Counsel for the Respondent : MR.G.VIDYASAGAR FOR R05.11.07,VAK-3 WRIT PETITION NO : 9802 of 2007 Between: Bariga Chiranjeevi, S/o.Late Narasimham, U.D.C. Sub-Electricity Revenue Office, Darsi, Prakasam district. ..... PETITIONER AND 1 A.P. Transco rep. by its Addl. Secretary, Vidyuthsoudha, Hyderabad. 2 A.P. Transco rep. by its Chairman and Managing Director, Vidyut soudha, Khairatabad, Hyd. 3 A.P.southern Power Distribution co. Ltd., rep. by its Chairman and Managing Director, Tirupathi, Chittoor District. 4 The Superintending Engineer ( operation Circle), A.P. Southern Power Distribution Co. Ltd., Ongole, Prakasam District. .....RESPONDENTS 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 issue a Writ order or direction more one in the nature of writ of Mandamus declaring the Letter issued by the 1st respondent in Letter No. Addl. Secy/AS(HRD)/PO(HRD)/JPO-II/404/2004-5 dt.17.11.2006 in informing the respondents that the request for relaxation of graduation qualification for promotion to the Post of J.A.O. is rejected by the conference of C.M.Ds on 19.10.2006 as illegal, arbitrary, unjustified and violative of principles of natural justice consequently direct the respondents to consider the case of the petitioner for promotion to the post of J.A.O. without insisting that he should be a gruaduate for promotion to the Post of J.A.O. and pass such other order or orders. Counsel for the Petitioner:MR.M.SUBBA REDDY Counsel for the Respondent No.: MR.G.VIDYASAGAR The Court made the following : O R D E R: At the time of hearing of these two writ petitions, Sri G.Vidya Sagar, learned Standing Counsel for Transmission Corporation of Andhra Pradesh has brought to my notice the orders passed by the Corporation through its T.O.O.Ms.No.200, dated 14.11.2008 which is to the following effect: “4. After careful consideration, the Transmission Corporation of A.P.Limited in exercise of the powers referred to in Regulation 41 of APSEB Service Regulations part-II as adopted by A.P.Transco and Rule 7 of the Andhra Pradesh Electricity Reforms (Transfear Scheme) Rules, 1999 in relaxation of Note-2 under Colum-3 against the category of Accountant (Now JAO) in Annexure-III referred to in Regulation-14 of APSEB Service Regulations Part-III as adopted by A.P.Transco hereby orders that the Bill Collectors/Revenue Cashiers who were appointed after 11.07.1974 and presently working as UDCs shall be considered for promotion to the post of JAO duly exempting them from possessing the graduation qualification subject to the following conditions: i) They must pass all the departmental tests prescribed and shall possess minimum service required for promotion to the post of JAO as prescribed in APSEB Service Regulations as adopted by A.P.Transco. ii) The exemption now granted is only for promotion to the post of JAO, not for further promotions. iii) The exemption is accorded to the candidates as per their seniority, suitability, eligibility etc., to the post of J.A.O. iv) These candidates shall be considered for promotion in the vacancies other than vacancies reserved for direct recruitment (i.e., 25% of sanctioned posts) duly following rule of reservation as per the rules in vogue. v) The exemption is applicable to the candidates referred above for filling up of the vacancies of J.A.O. existing and future vacancies arising on or after the date of issue of these orders. 5) All the Chief Engineers/Superintending Engineers are requested to take action accordingly.” In view of these orders, the grievance of the writ petitioners that their cases will not be considered for promotion as Junior Accounts Officer, as they are not graduates itself does not survive for adjudication. Their cases are now liable to be considered by the respective appointing authorities in view of the policy measure taken by the Transmission Corporation, as noticed supra. The learned counsel for the petitioners has also agreed that the cause does not survive for further adjudication. In view of this, both the writ petitions are disposed of directing the respondents to consider the case of the writ petitioners for promotion as Junior Accounts Officer, keeping in view the policy decision announced by the Corporation through its T.O.O.Ms.No.200, dated 14.11.2008. No order as to costs. _________________________ NOOTY RAMAMOHANARAO J., Dt.11.06.2009 tjs