IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO:13016 of 2000 Between: Polaki Venkatapparao ..... PETITIONER AND The AP Transco and another .....RESPONDENTS Counsel for the Petitioner: None appeared Counsel for the respondents:MR. P.R.BALARAMI REDDY The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in not considering the petitioner’s case for absorption in terms of B.P.Ms.No.36, dated 18.05.1997, as illegal and arbitrary. The petitioner has earlier filed Writ Petition No.19361 of 1997 questioning the action of the respondents in not appointing him in the suitable post in terms of the above-mentioned Board Proceedings. In pursuance of the orders passed by this Court in the said writ petition and also C.C.No.2118 of 1998, the petitioner’s case was re-considered and again, rejected by impugned order, dated 01.01.2000 on the ground that the petitioner was not on the rolls as Village Electricity Worker as on 18.05.1997, which is one of the essential requirements to be satisfied for absorption in terms of B.P.Ms.No.36, dated 18.05.1997. In the affidavit filed in support of the writ petition, the petitioner relied upon a xerox copy of the purported certificate, dated 28.04.2000 issued by the Sarpanch, Kothavalasa Gram Panchayat, wherein it was certified that the petitioner worked as a Village Electricity Worker of Kothavalasa Gram Panchayat, Rajam Mandal, Srikakulam District from 05.07.1989 till April, 2000. In the counter-affidavit filed on behalf of the respondents, it was categorically stated that the report received from the Sarpanch of Kothavalasa Gram Panchayat in 1997 clearly revealed that the petitioner was not attending to his duties for at least ten months prior to October, 1997 and that in view of cancellation of specific employment scheme, reimbursement of wages (grant-in-aid) to the Village Electricity Workers was made only up to February, 1997. It was further stated that verification of the records by the Divisional Operation, Srikakulam at the Divisional Office showed that the hand receipts for payment of grant-in- aid amount were received only up to February, 1997 and that the report of the Assistant Divisional Engineer, Operation, Rajam, revealed that O&M staff were attending the day-to-day works of Kothavalasa Gram Panchayat which were hitherto attended to by the Village Electricity Workers. Neither a reply affidavit is filed controverting the averments mentioned in the counter-affidavit filed by the respondents nor the learned counsel for the petitioner is present to point out any illegality contained in the impugned order. In view of the undeniable fact that one of the pre-requisites for absorption is that the Village Electricity Worker must have been working as on 18.05.1997 and that the petitioner failed to prove that he was actually working as on that date except producing a xerox copy of the purported certificate said to have been issued by the Sarpanch of Kothavalasa Gram Panchayat in 2000, the petitioner failed to make out any case for granting relief in this writ petition. The writ petition is accordingly, dismissed. As a sequel to dismissal of main petition, WPMP.No.16561 of 2000 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 31st DECEMBER, 2008. kvni