IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO:25291 of 2008 Between: 1 Kapa Nageswar Rao, S/o. Venkat Narsaiah, R/o. Quarter No. BE-175, D-Colony, KTPS, New Paloncha, Khammam District 2 Avuku Venkat Rao, S/o. Nagabhushanam, R/o. Paloncha, Khammam District 3 Md. Abdul Ahad, S/o. Abdul Samad, R/o. Paloncha, Khammam District 4 M.N. Basava Reddy, S/o. Koteswara Rao, R/o. Paloncha, Khammam District 5 P. Srinivasa Rao, S/o. Koteswara Rao, R/o. Paloncha, Khammam District 6 P. Varadhan Rao, S/o. Pedda Veeraiah, R/o. Paloncha, Khammam District 7 K. Ram Mohan Rao, S/o. Veeramsetti, R/o. Paloncha, Khammam District 8 K. Uma Maheswara Rao, s/o. Rajasekharam, R/o. Paloncha, Khammam District ..... PETITIONERS AND 1 A.P. Power Generation Corporation Ltd. Vidyuth Soudha, Somajiguda, Hyderabad Rep by its Managing Director 2 The Chief General Manager (IR)< AP Genco Limited, Vidyuth Soudha, Somajiguda, Hyderabad-82 3 The Superintendent Engineer, Krishnapatnam Thermal Power Station, (Formerly NTS), Kovur, Nellore District. 4 The Chief Engineer, (O & M), Kothagudem Thermal Power Station, Paloncha, AP Genco Limited, Khammam District. 5 A.P. Power Generating Employees Union (Regd.No. E-1535) Quarter No. SRT-30, A Colony, VTPS, Ibrahimpatnam, Krishna District. 6 P. Mallikarjuna, S/o. Ramaiah, JPA on Deputation, At VTPS, Ibrahimpatnam, Krishna District. 7 AP Electricity Employees Union, Regd.No. 1104, (Recgd.) NTS- Divisional nit, Kovur, Nellore District, Rep by its Working president Sri V. Prasad, S/o. Chelamaiah, R/o. Kovur, Nellore (D'T) 8 V. Prasad, S/o. Chelamaiah, Krishnapatnam Thermal Power Station, (Formerly NTS) Kovur, Nellore District. .....RESPONDENTS Counsel for the Petitioners:MR.G.V.S.MEHAR KUMAR Counsel for Respondent Nos.1 to 4:MR.K.CHIDAMBARAM(SC FOR AP GENCO) The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the inaction of respondent Nos.1 and 2 in considering the petitioners’ representations, dated 24.03.2008 for repatriation to Krishnapatnam by treating their transfers to Krishnapatnam Thermal Power Station (respondent No.3) as “on deputation”, as arbitrary, illegal and violative of Article 14 of the Constitution of India. The petitioners sought for a consequential direction to the respondents to transfer their services to the control of respondent No.3 unit from respondent No.4 unit on par with other Fitter Grade-II/Junior Plant Attendants (JPAs) of respondent No.3. Heard Sri G.V.S.Mehar Kumar, learned counsel for the petitioners and Sri K.Chidambaram, learned Standing Counsel for respondent Nos.1 to 4 and perused the record. In their affidavit, the petitioners averred that they were appointed as JPAs in KTPS-V stage. Initially, they were deployed at Nellore Thermal Station (NTS), Kovvur on deputation basis and later, on their request, they were absorbed at that place against the existing vacancies. They further averred that after terminating their line and seniority at KTPS-V Stage, they were assigned last rank among the JPAs at NTS, Kovvur and that they were promoted as Fitter Grade-II on 29.01.2005. They also averred that on closure of operational activities at NTS under G.O.Ms.No.44, dated 23.04.2005, respondent No.5 filed W.P.No.21013 of 2005, which was dismissed by this Court on 27.09.2005. However, respondent No.3 issued memo, dated 16.09.2005 transferring the petitioners and three others along with their posts to O&M/RTPP for stage-II works. On the request of the petitioners, they were transferred to KTPS vide memo, dated 27.09.2005. They were given last rank in KTPS. The petitioners thereupon, filed representations, dated 24.03.2008 requesting respondent No.3 to modify their transfer orders by treating them as “on deputation” and maintain their line and seniority at NTS on par with other employees. The petitioners’ request was not considered in view of order of status quo granted by this Court in Writ Petition No.24857 of 2007. The grievance of the petitioners is that despite their representations to consider their transfer to respondent No.4 unit as “on deputation” and transfer them back to respondent No.3 unit, respondent Nos.1 and 2 have not been considering their request. The request of the petitioners is innocuous and I find legitimacy in their grievance to the extent of non-disposal of their representations by respondent No.1. Unless respondent No.1 applies it’s mind and disposes of their applications, the petitioners cannot seek redressal of their legitimate grievances, if any. In this view of the matter, the writ petition is disposed of, without going into the merits of the claim of the petitioners, with the direction to respondent No.1 to dispose of their representations said to have been made to the Director (HR) of respondent No.1, within a period of four (4) weeks from the date of receipt of a copy of this order. As a sequel to disposal of main petition, WPMP.No.33046 of 2008 filed by the petitioners for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 18th NOVEMBER, 2008. kvni