K. Amarnath Reddy vs Chairman &Amp; M.D. ...

2. On 07.06.2006, the Special Chief Secretary, Energy Department, Government of Andhra Pradesh permitted the Chairman & Managing Director, A.P. TRANSCO and the Chairpersons, Andhra Pradesh Power Coordination Committee (APPCC) to fill up 7114 posts of Junior Linemen on contract basis in the four DISCOMS duly following the rule of reservation. The appointment on contract basis was to be for a period of one year which would cease automatically after the said period. Pursuant to the said permission granted by the Government, the A.P. TRANSCO and the four DISCOMS advertised 7114 vacancies and called for applications from the eligible candidates for the post of Junior Lineman vide separate notifications. For the sake of convenience, the conditions prescribed in the notifications, issued by Andhra Pradesh Central Power Distribution Company Limited (APCPDCL) are referred to in the judgment. The permission granted by the Government contained certain conditions which were included in the advertisement dated 08.06.2006. ITI qualification, 2 | Page residence in the notified area, and pole climbing were made compulsory as per Clauses 7 (i), (ii), and (iii) of the advertisement. According to Clause 7 (iv), all candidates who fulfilled the compulsory conditions in sub clauses (i),

(ii), and (iii) of Clause 7 would be considered for selection on the basis of the marks obtained by them in ITI examination. A writ petition was filed in the High Court by the existing contract labourers questioning Clauses 7 (ii) and (iv) of the advertisement/notification dated 08.06.2006 by which residence in the notified area was made compulsory and selection was based on the marks obtained in ITI examination. The writ petition was disposed of with a direction that Operation/ Circle/District shall be treated as a unit of appointment without reference to the restriction imposed under Clause 7 (ii). There was a further direction that weightage should be given to experienced candidates.

5. The services of 7114 Junior Linemen who were appointed on contract basis pursuant to the notifications dated 08.06.2006/ 20.10.2006 were regularized on 28.12.2010 w.e.f. 03.10.2008. Aggrieved by the non implementation of the directions issued by the Division Bench in Writ Appeal No.1523 of 2008 and Batch dated 17.11.2009, persons who were not appointed filed Contempt Petitions. It was brought to the notice of the 6 | Page Division Bench hearing the Contempt Petitions that a learned Single Judge stayed all further appointments to the posts of Junior Linemen on 22.04.2010 in Writ Petition No.9129 of 2010. The Division Bench vacated the said interim order and directed the completion of the entire process of appointment and regularization as per the judgment in Writ Appeals 1434 of 2008 and Batch within a period of two months.

viii) If more than one contract labour apply for the post with same length of service and experience, in such cases, obviously, the candidate with earlier date of birth shall be given preference for selection.

xiii) Though the selection and appointment of JLM is for one-year contract period, the employer is entitled to retain, absorb and regularize their appointment and also consider for their promotion.

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.”

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.

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14. For the aforementioned reasons, the judgment of the High Court is set aside and the appeals are allowed.

Contempt Petitions are closed. All the pending applications are disposed of in terms of the above judgment.