THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.1555 OF 2007 DATED 9th SEPTEMBER, 2010 BETWEEN: Govinda Rao Saripalli … Petitioner A n d Eastern Power Distribution Company of A.P. Limited, and another. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.1555 OF 2007 O R D E R The petitioner challenges the action of the Andhra Pradesh Eastern Power Distribution Company Limited (APEPDCL), Visakhapatnam, in not considering his application dated 02.01.2007 for permitting him to appear in the Pole Climbing Test for appointment to the post of Junior Lineman in its service. By interim order dated 29.01.2007, this Court directed the APEPDCL to reserve one post of Junior Lineman in the Operation Circle, APEPDCL, Visakhpatnam. However, upon the vacate stay petition filed by the APEPDCL, this Court on 22.10.2007, taking note of the fact that the petitioner had already appeared for the Pole Climbing Test on 28.12.2006 and had failed, vacated the earlier order. It is the case of the petitioner that he had met with an accident just one day prior to the Pole Climbing Test held on 28.12.2006 and therefore, he was not in a position to fare well in the test. By way of the representation dated 02.01.2007 the petitioner therefore sought an opportunity to face the necessary test for obtaining appointment in the APEPDCL. In its counter-affidavit, the APEPDCL stated that there was no provision in its Rules for permitting a candidate a second opportunity once he failed in the Pole Climbing Test in pursuance of a particular notification. The above stand however demonstrates that the petitioner would be at liberty to apply for and appear once again for the Pole Climbing Test pursuant to subsequent notifications issued by the APEPDCL depending on its requirements. Smt.K.Udaya Sree, learned counsel representing the APEPDCL, also confirms this aspect and states that the petitioner would be free to respond to a notification calling for applications for appointment to the post of Junior Lineman, as and when vacancies arise and the situation permits such notification. It is left open to the petitioner to respond to the future notifications as and when issued by the APEPDCL with regard to appointment of Junior Lineman. In such an event, the APEPDCL shall consider the petitioner’s application in accordance with the eligibility norms and permit him to appear for the Pole Climbing Test, if found eligible otherwise. The writ petition is disposed with the above directions. No order as to costs. -------------------------- SANJAY KUMAR,J 9th SEPTEMBER, 2010 PGS THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.1555 OF 2007 9th SEPTEMBER, 2010