IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 3767 of 1999 Between: 1 A.Chinaniah S/o.Pakeraiah Near Luthern Church Srisailam Project Kurnool Dist. 2 K.Gangi Reddy S/o.Venkateswara Reddy R/o.H.No.BF/6,APSEB quarters Srisailam Project Kurnool Dist. 3 A.Subba Rao S/o.Nagaiah C/o.K.V.Reddy,H.No.BG/8,APSEB quarters Srisailam Project Kurnool Dist. 4 Y.Ch.Mallikarjuna S/o.Venkateswarlu C/o.Srilasree Book Binding Works,Main Bazar Srisailam Project Kurnool Dist. 5 R.Yesaiah S/o.Yacob H.No.BHEL/27 Srisailam Project Kurnool Dist. 6 D.V.S.S.Pavan Kumar C/o.Venkateswarulu APSEB quarters Srisailam Project Kurnool Dist. ..... PETITIONERS AND 1 The Chief Engineer (Electrical), Operation and Maintenance Srisailam Project A.P.GENCO Kurnool Dist. 2 The Superintendent Engineer Operation and Maintenance Circle Srisailam H.E. Scheme AP Generation Corporation Srisailam Project Kurnool Dist. 3 The Assistant Engineer (Telecom) T.V.Room Srisailam, H.E.Scheme, Srisailam Project. A.P.GENCO Kurnoot Dist. 4 J.K.Consultants rep.by its Prop:A.L.Narayana Old Liberty Buildings Basheerbagh Hyderabad. 5 K.Harinarayana S.L.M.P, Srisailam Project, A.P.Genco Kurnool Dist. .....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 or Writ or Direction more particularly one in the nature of Mandamus declaring the action of the 1st respondent in rejecting the claim of the petitioners for absorption in A.P.S.E.B on the ground that the petitioners are not working on 18-5- 1997 by his proceedings issued in Lr.No.CEE/O&M/SLD Unit/ADM/C1/F.CL/D.No.610, dt.1-7-1998 is illegal, arbitrary and unconstitutional and consequently direct the respondents to absorb the petitioners in APSEB as per BP (P&G Per) Ms.No.36 dt.18-5-1997 with all benefits forthwith. Counsel for the Petitioners: MR.M.L.ALI Counsel for the Respondents: SMT.URMILA (SC FOR A.P.S.E.B.) The Court made the following : ORDER: This writ petition is filed seeking a mandamus to declare the action of the first respondent in rejecting the claim of the petitioners for absorption in A.P.S.E.B. on the ground that the petitioners are not working as on 18-05-1997 by the impugned proceedings as arbitrary and illegal. A detailed counter-affidavit has been filed by the respondents stating that the petitioners were not on the rolls as on 18-05-1997 as required under BPMS No.36 or 37, dated 18-05-1997. Therefore, his case was rejected by an order dated 01-07-1998. Now, the learned Counsel for the petitioners filed an affidavit stating that similarly placed daily wage workers are being considered for regular appointments, whereas the case of the petitioners is not being considered for the simple reason that this writ petition is pending before this Court. Without going into the merits of the case, in view of the submissions made by the learned counsel for the petitioners, the respondents are directed to consider the case of the petitioners if they are otherwise eligible as per law within a period of four weeks from the date of receipt of a copy of this order. With the above direction the writ petition is disposed of. No costs. ____________ C.V.RAMULU, J. Dated 07-06-2005. SKMR ..... REGISTRAR Copy to: 1 The Chief Engineer (Electrical), Operation and Maintenance Srisailam Project A.P.GENCO Kurnool Dist. 2 The Superintendent Engineer Operation and Maintenance Circle Srisailam H.E. Scheme AP Generation Corporation Srisailam Project Kurnool Dist. 3 The Assistant Engineer (Telecom) T.V.Room Srisailam, H.E.Scheme, Srisailam Project. A.P.GENCO Kurnoot Dist. 4 A.L.Narayana, Proprietor, J.K.Consultants, Old Liberty Buildings Basheerbagh, Hyderabad. 5 K.Harinarayana S.L.M.P, Srisailam Project, A.P.Genco Kurnool Dist. 2 CD copies Form-NIC-OGS/WP{LOBIS}