IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION No : 4596 of 2009 Between: 1 N. Tirupathi S/o. Odhelu, Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 2 Ch. Siva Prasad S/o. Ch./ Jagannadham Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 3 B. Ravi Kumar S/o. B. Panthulu Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 4 Md. Naseem Baig S/o. Sikinder Baig Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 5 P. Yakaiah S/o. Lalaiah Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 6 A. Raghupathi S/o. A. Somaiah Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 7 K. Rajaiah S/o. Chinna Durgaiah Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 8 P. Srinivas S/o. Ilaiah Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 9 S. Srinivas S/o. Eswaraiah Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 10 K. Prakash S/o. Raghavulu Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 11 K. Shankaraiah S/o. Mallaiah Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 12 P. Ramayogulu S/o. Yogaiah Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 13 G. Venkata Narasaiah S/o. Anjaneyulu Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 14 Md . Rafeeq S/o. Masoom Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 15 J. Veeranna S/o. Ramulu Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 16 Pokkula Sridhar S/o. P. Venkata Swamy Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 17 P. Shyam Kumar S/o. Veeraiah Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 18 B. Kiran Varma S/o. Nampally Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 19 K. Subrahmanyam S/o. K. Sivarama Krishnaiah Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 20 K. Rajini Kanth S/o. Saraiah Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 21 S. Ravi S/o. S. Babu Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 22 P. Sreedhar S/o. P. Laxminarayana Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 23 N. Vasudeva Rao S/o. N. Bhaskar Rao Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 24 G. Devender S/o. Kheemya Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 25 K. Satish S/o. Venkateswara Rao Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal 26 N.V.V. Raja Rao S/o. Sanyasayya Chelpur Village , Ghanpur (M) Mandal, Warangal District, All are for the purpose of services etc., is that of R/o. Md. Naseem Baig C/o. Akber Hero Hond Services Main Road, Near Ambedkar Statute, Bhupalapally,Warangal ... PETITIONERS AND 1 The Government of A.P., Rep. by its Secretary Energy Department, Secretariat, Hyderabad. 2 The Managing Director, APGENCO, Vidyut Soudha, Hyderabad. 3 The Chief Engineer Kakatiya Thermal Power Project Chelpur Village,Ghanpur Mandal, Warangal District. 4 The Superintendent Engineer/Construction E & M Circle KTPP, Chelpur Village, Ghanpur (M) Mandal, Warangal District. 5 The Superintendent Engineer/Construction Civil Circle KTPP, Chelpur Village Ghanpur (M) Mandal, Warangal District. 6 Sri Ganesh Kakatiya Thermal Project Contract Workers Welfare Society Chelpur Village, Ghanpur (M) Mandal, Warnagal District, Rep. by its General Secretary .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the impugned action of the respondents in contemplating to dis-engage the petitioners herein thereby to engage other temporary employees while the work is being continued as highly illegal, arbitrary and violative of Art. 14 of the Constitution of India and consequently direct the Respondents to continue the petitioners for the works of construction and erection of Kakatiya Thermal Power Project as long as workload is there . Counsel for the Petitioners: MR. EATHAKOTA VENKATA RAO Counsel for the Respondent No.: GP FOR ENERGY The Court made the following : ORDER: The petitioners are engaged by a contractor to carry out the works in the 2nd respondent organization. The petitioners formed into a society called “Sri Ganesh Kakatiya Thermal Project Contract Workers Welfare Society. The Government issued G.O.Ms.No.98 dated 15.4.1986 to provide employment to displaced families/or their dependents to an extent of 50% of the total cadre strength of the Project. The grievance of the petitioners is that the 2nd respondent in the process of implementing the G.O. is likely to disengage the petitioners and thereby the petitioners would be loosing their livelihood. When the Writ Petition came up for admission, Sri K. Chidambaram, learned Standing Counsel for A.P.Genco takes out notice on behalf of the respondents 2 to 5. Heard the learned counsel appearing for the parties. Learned counsel appearing for the petitioners submits that the respondent No.2 in the process of implementing the G.O.Ms.No.98 dated 15-4-1986, is likely to disengage the petitioners effecting their livelihood. The petitioners are engaged by a contractor and there is no relationship of master and servant between the petitioners and the 2nd respondent. Such is the situation, the question of the petitioners being disengaged by the 2nd respondent does not arise. The Writ Petition is wholly misconceived and accordingly the Writ Petition is dismissed at the admission stage. No costs. _________________________________ Justice B. SESHASAYANA REDDY Date: 05-03-2009. Dvs HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.4596 OF 2009 Dated 05-03-2009