Case: K. AMARNATH REDDY  Vs. CHAIRMAN &amp; M.D. A.P.S.P.D.C.L.LTD.&amp;ORS.E

of the government vide letter No.565/Ser/2011 dated 15.6.2011 is illegal and the same are set aside. c). The respondents are directed to review the entire selection process strictly in terms of this judgment and the afore said declarations and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of copy of this order. d). The respondents are directed to fill up 7319 posts of JLM that arose pursuant to the permission of the government vide letter No. 565/Ser/2011 dated 15.6.2011 by issuing the notifications / calling for applications from the eligible candidates, of course, by giving preference to the contract labour as per rules.? Aggrieved by the said judgment, the above appeals are filed. 8. We have heard the learned counsel for the parties. The selection and appointment to 7114 posts of Junior Linemen were approved by a judgment dated 10.11.2009 of the Division Bench in Writ Appeal 1434 of 2008 and Batch. Their services have also been regularized. The directions issued by the High Court in the impugned judgment pertaining to the selection of 7114 Junior Linemen pursuant to the advertisement dated 08.06.2006/ 20.10.2006 is not justified. No such directions could be issued especially after the judgment of another Division Bench approving appointments of 7114 Junior Linemen became final. The High Court is right in holding that appointments could not have been made to posts beyond the 7114 posts that were advertised. However, the High Court ought to have considered that the submission made by the learned Advocate General regarding the imminent disruption of essential services was taken into account by an earlier Division Bench which permitted the filling up of posts beyond the 7114 posts which were advertised. On the basis of the submission of the learned Advocate General and the judgment of the High Court in Writ Appeal 1434 of 2008 and Batch, persons who participated in the selections but could not be appointed in view of condition mentioned in Clause 6 (iv)(c) of the amended notification dated 20.10.2006 were also appointed as contract labourers and their services were regularised. 9. A perusal of the declarations and directions in the impugned judgment would show that the High Court conducted a scrutiny of the selections made pursuant to the notifications dated 08.06.2006/20.10.2006 to 7114 posts of Junior Linemen. The submission made by the learned Senior Counsel appearing for the parties is that the appointments made to posts beyond 7114 posts that were advertised on 08.06.2006/20.10.2006 were by way of implementation of the directions issued by a Division Bench of the High Court on 10.11.2009 in Writ Appeal 1434 of 2008 and Batch. Therefore, according to them, the finding of the High Court that appointments made to posts beyond those that were advertised is not correct. The directions issued by the High Court are:- ?Therefore, taking the aforesaid undertakings of the Appellant-Distribution Companies on record, we direct the Appellant Companies to appoint all the Respondents/Writ Petitioners, who submitted their applications pursuant to the notifications dated 8.6.2006 and the other dates, issued by the various appellant companies, and who have passed the pole climbing test and fulfilled the other eligibility criterion for appointment as Junior Linemen, without reference to and without insisting upon the fulfillment of Condition No.6 (iv) (c) of the revised notification dated 20.10.2006 within two months from the date of receipt of a copy of this order. We also make it clear that this direction would be applicable to all those candidates, who have not approached this Court but who had applied in pursuance of the aforementioned notifications, subject to passing of the pole climbing test and fulfillment of eligibility criteria. We however make it clear that the persons who have not applied in pursuance of the notifications dated 8.6.2006 and the other dates and who have not subjected themselves to the selection process have no right whatsoever to claim that they are entitled for such appointment. We also make it clear that all the selected and appointed respondents-Writ Petitioners and others similarly situated would be entitled for all benefits on par with the persons who have been appointed as Junior Linemen as per Condition No.6 (iv)(c) of the revised notification, including regularization of their service as per rules and policy.? 10. The said judgment of the High Court in Writ Appeal No.1434 of 2008 and Batch was referred to in the impugned judgment. However, the High Court proceeded to adjudicate the correctness of the selections made pursuant to the notification dated 08.06.2006/20.10.2006. The judgment of the High Court in Writ Appeal No.1434 of 2008 and Batch became final and appointments were made pursuant to the directions issued. The High Court committed a serious error in re-examining the selections to 7114 posts of Junior Linemen and other appointments made beyond the posts that were advertised, made pursuant to the advertisement dated 08.06.2006/20.10.2006. Therefore, the declarations and directions which have a bearing on the selections and appointments that are already made are not sustainable. 11. Ms. Prerna Singh, learned counsel appearing for the persons who are similarly situated to those who were directed to be appointed by the Division Bench in Writ Appeal No.1434 of 2008 and Batch submitted that some of the eligible candidates have not been appointed till date. Mr. R. Venkataramani, learned Senior Counsel appearing for the DISCOMS fairly submitted that if persons who applied for selection as Junior Lineman in 2006 were not appointed due to condition 6(iv) (c) of the revised notification dated 20.10.2006, they shall be considered for appointment. 12. Keeping in mind that appointments to the posts of Junior Linemen have been made long back and the services of those appointed were regularised, any interference with such appointments will cause irreparable loss to them apart from adversely affecting the smooth functioning of the A.P . TRANSCO and the DISCOMS. 13. Needless to say that, any future recruitment to the post of Junior Lineman shall be done strictly in accordance with the law.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]8. We have heard the learned counsel for the parties. The selection and appointment to 7114 posts of Junior Linemen were approved by a judgment dated 10.11.2009 of the Division Bench in Writ Appeal 1434 of 2008 and Batch. Their services have also been regularized. The directions issued by the High Court in the impugned judgment pertaining to the selection of 7114 Junior Linemen pursuant to the advertisement dated 08.06.2006/ 20.10.2006 is not justified. No such directions could be issued especially after the judgment of another Division Bench approving appointments of 7114 Junior Linemen became final. The High Court is right in holding that appointments could not have been made to posts beyond the 7114 posts that were advertised. However, the High Court ought to have considered that the submission made by the learned Advocate General regarding the imminent disruption of essential services was taken into account by an earlier Division Bench which permitted the filling up of posts beyond the 7114 posts which were advertised. On the basis of the submission of the learned Advocate General and the judgment of the High Court in Writ Appeal 1434 of 2008 and Batch, persons who participated in the selections but could not be appointed in view of condition mentioned in Clause 6 (iv)(c) of the amended notification dated 20.10.2006 were also appointed as contract labourers and their services were regularised.A perusal of the declarations and directions in the impugned judgment would show that the High Court conducted a scrutiny of the selections made pursuant to the notifications dated 08.06.2006/20.10.2006 to 7114 posts of Junior Linemen.The said judgment of the High Court in Writ Appeal No.1434 of 2008 and Batch was referred to in the impugned judgment. However, the High Court proceeded to adjudicate the correctness of the selections made pursuant to the notification dated 08.06.2006/20.10.2006. The judgment of the High Court in Writ Appeal No.1434 of 2008 and Batch became final and appointments were made pursuant to the directions issued. The High Court committed a serious error in re-examining the selections to 7114 posts of Junior Linemen and other appointments made beyond the posts that were advertised, made pursuant to the advertisement dated 08.06.2006/20.10.2006. Therefore, the declarations and directions which have a bearing on the selections and appointments that are already made are not sustainable.Keeping in mind that appointments to the posts of Junior Linemen have been made long back and the services of those appointed were regularised, any interference with such appointments will cause irreparable loss to them apart from adversely affecting the smooth functioning of the A.P . TRANSCO and the DISCOMS.Needless to say that, any future recruitment to the post of Junior Lineman shall be done strictly in accordance with the