Disposed

Maddala Rupa Kishore, v. Ap Eastern Power Distribution Company Limited

Andhra Pradesh HC8 Aug 2024WP/27264/2015

Case brief

AI extract

What is this about?

Assistant Linemen of APEPDCL challenged proposed termination pursuant to a court order reinstating earlier terminated employees. During hearing the respondents produced instructions revoking the show cause notices and continuing the petitioners in existing vacancies. The Court disposed of the writ petition directing that the petitioners not be terminated except by due process of law, with no costs

What did the court decide?

Petitioners not to be terminated without following due process of law; no order as to costs.

Maddala Rupa Kishore, Vs Ap Eastern Power… — Service and Employment | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

¶2

FRIDAY, THE NINTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

¶3

PRESENT

¶4

THE HON’BLE SMT. JUSTICE V.SUJATHA

¶5

WRIT PETITION NO: 27264 OF 2015 ^

¶6

Between:

¶7

Maddala Rupa Kishore, S/o. M.Satyanarayana, Aged 30 years, OccAssistant Lineman, Employee No. 1074725, Mallipudi/^Penumantra Nidadavole A.P.Eastern Power Distribution

¶8

of Operation Division Company Limited West Godavari District.

¶9

2 Bollam Seshagiri, S/o. Suryanaranaya, Aged 31 years,^{Occ;Assistant} No. 1074934,S.V.Gudem/Bhimadole, Eluru

¶10

Lineman, Employee Operation Division, A.P.Eastern Power Distribution^{CompanyLimited} Eluru, West Godavari District.

¶11

Sreeramulu Aged 30 years,

¶12

1. Mopidevi Ramanjaneyulu, S/o. Occ:Assistant Lineman, EmployeeF No. 1074724, Pasaladeevi, Bhimavaram, A.P.Eastern Power

¶13

Narasapuram Operation Division ■ r^- x • + Distribution Company Limited Bhimavaram, West Godavari District.

¶14

4 Suri Setti Durga Prasad, S/o. S.Srinivasa Rao, Aged 31 years, ■ Occ;Assistant Lineman, Employee No.1074734, Powerpeta^Operation Division, Eluru, A.P.Eastern.Power Distribution Company^{LimitedEluru,} West Godavari District.

¶15

Kapaka Surya Narayana, S/o. Venkata Rao Aged 30 OcciAssistant Lineman, Employee No.1074583, Operation Division/ A.P.Eastern Power Distribution Company

¶16

Tadepalligudem, Eluru Limited West Godavari District

¶17

6 Pedapudi Annatha Venkata Pavan Kumar, S/o. ^-V. Seshacharyulu, Aqed 31 years, Occ: Junior Assistant, Employee No.1074830,^Tanuku Operation Division Tadepalligudem, A.P.Eastern. Power Distribution Company Limited Eluru, West Godavari District

¶18

...PETITIONERS

¶19

AND

¶20

AP Eastern Power Distribution Company Limited, Corporate^Office, Viaskhapatnam rep. by its Chairman & Managing Director.

¶21

¶22

Superintending Engineer (Operations), Circle, Eluru, EPDCL, Eluru, West Godavari District, AP.

¶23

Divisional Electrical Engineer, APEPDCL, Corporate Office, Visakhapatnam, AP.

¶24

.*■ -

¶25

4: Chief General Manager (HRD), APEPDCL, Corporate Office, Visakhapatnam, AP.

¶26

Y. Rajender, S/o. Musalaiah, Occ:Ex.Contract Junior Lineman, R/o.Jatlapalem Post, Pentapadu Mandal, West Godavari^District.

¶27

A.Ravindra, S/o.China Bushanam, Occ:Ex.Contract Junior Lineman, R/o.Jatlapalem Post, Pentapadu mandal. West Godavari^District.

¶28

Khandelli Srinivas, S/o.Krishna, Occ:Ex.Contract^{JuniorLineman} R/o.Ravipadu Post, Pentapadu Mandal, West Godavari^District.

¶29

Sakunnala Ramakrishna, S/o.Pattabhi Ramaiah, Occ:Ex.Contract Junior Lineman, C/o. S.V.V. Satyanarayana, Subba Reddy Colony, Jangareddygudem Village and Mandal, West Godavari District.

¶30

G.Seetha Ramaiah, S/o.Sanyasi Rao, Occ:Ex-contract^{JuniorLineman} R/o.Thalapalem Post and Mandal, West Godavari District.

¶31

lO.K.Srinivasa Rao, S/o.Nageshwara Rao, Occ;Ex-Contract^Junior Lineman, R/o.Pancllaparru Post, Nidadavolu Mandal,^WestGodavari District.

¶32

H.P.V.Satyanaraya Murthy, S/o. Venkataratnam, Occ;Ex-Contract^Junior Lineman, Kannapuram Post, Koyilagudem Mandal, West^Godavari

¶33

District.

¶34

12.Ghanta Chandra Mohan Kumar, S/o.Ghani Raju, Occ:Ex-Contract Junior Lineman, D.No.5-48, Pali Harijanawada, Attilli Mandal, West Godavari District.

¶35

13.Mutcherla Ramababu, S/o. Venkataswamy, Occ:Ex-Contract^Junior Lineman, D.No.15-2-8, Royeta, Narsapur, West Godavari^District.

¶36

14.Ghantasala Venkatarama Rao, S/o. Satyanarayana,^{Occ:Ex-Contract} Junior Lineman, D.No.16-2-25, Rustumbada, Narsapur,^WestGodavari District.

¶37

...RESPONDENTS

¶38

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may

¶39

be pleased to issue an order, direction or a writ more particularly one in the nature of Writ of Mandamus declaring that the petitioners^areentitled for continuing in the posts held by them without any disturbance^intermsofthe order of appointment and also as per the applicable service rules and regulations in the interest of justice.

¶40

I.A. NO: 1 OF 2015(WPI/liP. NO: 35386 OF 2015)

¶41

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the writ petition, the High Court may be pleased to pass similar Orders dated 14.08.2015 as passed in WP No. 18588/2015, 18650/2015 and 18666/2015 directing the respondents No. 1 to 4 to continue the petitioners in service without any interruption pending further orders in the WP in the interest of justice.

¶42

Counsel for the Petitioners: SRI INENI VENKATA PRASAD

¶43

Counsel for the Respondent Nos.1 to 4: SRI METTA CHENDRA^SEKHAR RAO, SC FOR APEPECL

¶44

Counsel for the Respondent Nos.5 to 14: NONE APPEARED

¶45

The Court made the following: ORDER

¶46

[3333]

¶47

APHC010217692015

¶48

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶49

(Special Original Jurisdiction)

¶50

FRIDy^Y ,THE NINTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

¶51

PRESENT

¶52

THE HONOURABLE SMT JUSTICE V.SUJATHA

¶53

WRIT PETITION NO: 27264/2015

¶54

Between:

¶55

Maddala Rupa Kishore, and Others

¶56

...PETITIONER(S)

¶57

AND

¶58

Ap Eastern Power Distribution Company Limited and Others

¶59

...RESPONDENT(S)

¶60

Counsel for the Petitioner(S):

¶61

1.INENI VENKATA PRASAD

¶62

Counsel for the Respondent(S):

¶63

LMETTA CHENDRA SEKHAR RAO

¶64

This Court made the following:-

¶65

ORDER-

¶66

The present writ petition came to be filed under Article²²⁶ of the Constitution of India seeking the following relief;

¶67

“...to issue an order, direction or a writ more particularly one In the nature of Writ of Mandamus declaring that the petitioners are entitled for continuing In the posts held by them without any disturbance in terms of the order of appointment and also as per the applicable service rules and regulations in the interest of justice and to pass such other order or orders...”

¶68

The brief facts of the case are that the petitioners were initially appointed as Junior Lineman in A.P. Eastern Power Distribution^Company Limited and have joined in the services on 12.05.2007^{subsequenttowhich} their services were regularized. While so, in pursuance^{ofanorderpassedby} this Court in W.P.No.12884 of 2007 filed by the respondent^Nos.5 to 14 herein, the respondents made a proposal to remove the^{petitionershereinin} order to reinstate the petitioners therein i.e. respondent^Nos.5to14 in the present petition. The main grievance of the petitioners is that though they have completed more than 8 years of service, the respondent^{authoritiesare} proposing to terminate the petitioners herein from^{service.Hence,thepresent} Writ Petition is filed.

¶69

The respondent No.2 has filed a counter affidavit,^{statingthatthe} petitioners herein were appointed to fill the positions^{vacatedbycandidates} whose I.T.I. certificates were not valid as they were not issued by the Commissioner of Employment & Training, Hyd^pabad, and were not

¶70

equivalent to the NCTVr pattern. The said candidates i.e. the respondent Nos. 5 to 14 challenged their termination through W.P.No.12884 of 2007, which was disposed of directing the respondents therein to reinstate them into the services and the same was complied with.

¶71

Thereafter, show cause notices were issued to the petitioners herein due to their continued employment beyond the notified vacancies, However, it is noted that higher authorities later revoked the termination notices, allowing the petitioners to remain in their roles within the Eluru Circle. It is further stated in the counter affidavit that the petitioners lack any vested rights to claim continuity of service and urges the Court to dismiss the petition filed by them.

¶72

Heard Sri Ineni Venkata Prasad, learned counsel for the petitioners and Sri Metta Chandra Sekhara Rao, learned Standing Counsel for respondent nos. 1 to 4.

¶73

Today when the writ petition came up for hearing, learned Standing Counsel has produced a copy of instructions vide Memo.No.SE/0/ELR/EE.T/P0/JA0/ADM/SA4/D.No.889/23 dated 15.04.2023 of the Superintending Engineer, Operation Circle, Eluru, wherein it is stated that vide memo dated 18.01.2023 of the Chairman and Managing Director of APEPDCL-1 respondent, certain directions have been issued to revoke the show cause notices issued to the petitioners herein after considering the explanations submitted by them and directed toj^erlfTnue the petitioners in the

¶74

existing vacancies. As such, the termination orders issued to the petitioners have been revoked and the petitioners were being continued in the existing vacancy.

¶75

It can be seen that in pursuance of the issuance of show cause notices to the petitioners herein, they have submitted their explanations, considering which, the respondent vide memo dated 18.01.2023 has issued directions to revoke the show cause notices issued to them. Accordingly, the 2 nd respondent herein vide proceedings dated 15.04.2023, has revoked the notices issued to the petitioners herein and directed the petitioners herein to continue in the existing vacancies.

¶76

In view of the above, this writ petition is disposed of by directing the respondents not to terminate the petitioners without following due process of law. There shall be no order as to costs.

¶77

As a sequel thereto, miscellaneous petitions, if any,^{shallstandclosed.}

¶78

To,

¶79

//TRUE COPY//

¶80

Sd/- B PRASADA RAO ASSISTANT REGISTRAR 0 SECTION OFFICER

¶81

The Chairman & Managing Director AP Eastern Power Distribution Company Limited, Corporate Office, Viaskhapatnam.

¶82

The Superintending Engineer (Operations), Circle, Eluru, EPDCL, Eluru, West Godavari District, AP.

¶83

The Divisional Electrical Engineer, APEPDCL, Corporate Office,

¶84

Visakhapatnam, AP.

¶85

The Chief General Manager (HRD), APEPDCL, Corporate Office, Visakhapatnam, AP.

¶86

One CC to Sri Ineni Venkata Prasad, Advocate [OPUC] 6. One CC to Sri Metta Chendra Sekhar Rao, SC for APEPDCL [OPUC] 7. Three C.D. Copies Cnr

HIGH COURT

DATED:09/08/2024

ORDER

WP.No.27264of2015

m
S’ 0^ APR 2025 to
,0,^ . Current aecuon

¶92

DISPOSING OF THE W.P. WITHOUT COSTS

Maddala Rupa Kishore, v. Ap Eastern Power Distribution Company Limited

Case brief

What is this about?

What did the court decide?

Maddala Rupa Kishore, v. Ap Eastern Power Distribution Company Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

D.G.Raja Rao, Vs Sri Venkateshwara Bhakthi Channel

Sri M.R.C. Reddy, E 404619 REtd., Driver Vs The Apsrtc

M. Nageswara Rao Vs The State of Andhra Pradesh

Y.Sai Prasad, Vs The Regional Joint Commissioner, Endowments

A.Sambasiva Rao, Guntur Dist. Vs Apsrtc.,Hyderabad, and 4 Otrs.

V.Balakrishna, S/o late Surya Kameswara Rao, Vs The General Manager (Nw-Iii) and Appointing Authority