Ex-casual labourer sought mandamus to set aside rejection of his claim for appointment as Junior Lineman under a 1985 memo and B.P.Ms.No.36 of 1997, alleging arbitrariness. Court found he lacked graduation at first engagement and was not on rolls in 1997, and the scheme stood withdrawn in 2006.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
THURSDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSANDAND TWENTY FOUR
PRESENT
THE HON’BLE SMT. JUSTICE V.SUJATHA
WRIT PETITION NO: 32298 OF 2015
Between:
S'Jbhani, Aged about 43 years, Ex-Casual Labour, H.No.3-7-23/62, Pathuru, Narsaraoapet, Guntur District, Andhra Pradesh.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ in the nature of Mandamus or any other appropriate Writ, order or direction by calling for the records relating to the Proceedings of the 3"'^ respondent bearing No.SE/0/GNT/PO(Adm)/JAO/C2/D.No.29/ 15, dated 09-012015 and set aside the same by declaring it as illegal, arbitrary, discrimination and un-constitutional being violative of Articles, 14, 16 and 21 of the Constitution of India and consequently direct the respondents to appoint the petitioner as Junior Lineman or any other suitable post as per the Memo.No.OSD(D)/DM.1/ A3/1138/85-1, dated 26-8-1985, with all consequentialbenefits.
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T
I.A. NO: 1 OF 2015(WPMP. NO: 41735 OF 2015)
Petition under Section 151 CPC praying that in thecircumstancesstatedin the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the case of the petitioner for appointment as Junior Lineman or any other suitable post as per the Memo.No.OSD (D)/DM.1/A3/1138/85-1, dated 26-8- 1985, pending final disposal of the main W.P.
Counsel for the Petitioner : SRI K. KOUTILYA
Counsel for the Respondents: M/s. JYOTHI RATNA ANUMOLU JUNIOR STANDING COUNSEL FOR APSPDCL
The Court made the following: ORDER
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.f APHC010537802015
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3333]
THURSDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 32298/2015
Between:
Shaik China Allabaksh
...PETITIONER
AND
Chairman M D Apspdcl 2 Others and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.K KOUTILYA
Counsel for the Respondent{S):
2.ADARSHITHA KILARU
3.;
The Court made the following:
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ORDER:
This writ petition is filed under Article 226 of the Constitution of India
seeking the following relief:-
“....fo issue a Writ in the nature of Mandamus or any other appropriate Writ, order or direction by caliing for the records relating to the Proceedings of the y" respondent bearing No.SE/0/GNT/PO(Adm)/JAO/C2/D.No.29/ 15, dated 09.01.2015 and set aside the same by declaring it as illegal, arbitrary, discrimination and unconstitutional being violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to appoint the petitioner as Junior Lineman or any other suitable post as per the Memo No.OSD(D)/DM.1/ A3/1138/85-1, dated 26.8.1985, with all consequential benefits ....’’
- The case of the petitioner, in brief, is that the petitioner completed S.S.C. in the year 1986 and further completed Intermediate and also IT.I. with Fitter Trade in the year 1990. He worked as a casual labour under the control of the 1®^ respondent and became fully eligible for appointment/absorption in a suitable post as per Memo No.OSD(D)/DM.1/A3/1138/85-1, dated 26.08.1985, which provides for absorption of a person who is having the qualification of degree and worked as casual labour even for one day. The petitioner became eligible and entitled to hold the post of Junior Lineman or any other suitable post. The petitioner worked as casual labour from 06.12.1990 to 22.12.1990 i.e., for 22 days. Subsequently, the petitioner also completed Graduation in Arts in the year 2011. Despite the petitioner being eligible for absorption in the post of Junior Lineman or any other suitable post, he is being denied the said benefit though similarly situated employees were absorbed.
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J! 4. The respondents have filed a detailed counter statingthattheerstwhile APSE Board has issued B.P.Ms.No.36 dated 18.05.1997 for filling up of 50% existing vacancies in the initial recruitment cadres i.e., JLM/JPA/JA/LDC/ RC/Typist/Sub-Engineer by considering the cases of Ex-casual labour covered by Court cases, to be given second chance tothecontractlabourand Village Electricity workers, and accordingly the following guidelines have been issued thereunder:-
a) Age: Age shall be reckoned as per Board’s service regulations in force at the time of their first engagement. Thereshallbenorelaxation of age.
b) Educational Qualifications: Educational qualificationsshallbe as per Board’s service regulations in force at thetime of their first engagement. There shall be no relaxation of educational qualifications or other relevant technical qualifications which are prescribed in the service regulations for such appointment.
c) Seniority: The seniority shall be reckoned basedonthe total period of service rendered by the respective candidatesintheUnitas per muster rolls/wage registers or as per the recordsmaintainedunder the Contract Labour (Regulation and Abolition) Act, Separate seniority list shall be prepared for each category as per their eligibility. The continuous period of working shall be taken for purpose of reckoning seniority in respect of Village Electricity Workers.
d) Rule of Reservation: The rule of reservation as per roster in terms of Reg.22 of APSEB service Regulations Part-ll shall be strictly followed.
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“As per the service regulations as on today, one should be a graduate and a pass in Typewriting Lower Grade forthepostofLDCs of as per B.P.Ms.No.235, dated 03.08.1993. Prior to issue B.P.Ms.No.235, dated 03.08.1993 candidate possessing graduation qualifications only were eligible for the post of LDC i.e, pass in Typewriting Lower Grade is not necessary prior to 03.08.1993. In case of Village Electricity Workers and ContractLabourwhose date of first engagement is before 03.08.1993, theircasesmaybe considered for the post of LDCs if they are graduates, subject to conditions that they are eligible in all aspects and availability of vacancies. Typewriting Lower Grade along with graduation shall be insisted for the post of LDCs in case where the initialengagementison or after 03.08.1993.
rolls as on 18.05.1997, 6. It is further stated that the petitioner is not on which is the mandatory condition for consideration,aspertheguidelines issued in B.P.Ms.No.271, dated 31.12.1997, and hence,hehasnotsatisfied the eligibility criteria for consideration of his caseforappointment.
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qualification of Graduation at the time of his first engagement, he filed the present writ petition with a mala fide intension only to gain undue advantage.
- Heard the learned counsel for the petitioner and thelearnedcounselfor the respondents and perused the record.
- According to the petitioner, as per Memo dated 26.08.1985 an ex-casual Labourer, who possesses Graduation is entitled for regular appointment regardless of total number of days he workedascasuallabourer and, therefore, he possessing the Degree qualification is entitled for appointment to the post of Junior Lineman or any other suitable post. However, a perusal of the impugned proceedings dated09.01.2015would reveal that the petitioner was engaged as causal labour in the respondent Corporation in December, 1990. As per the ProvisionalPassCertificateissued by Sri Krishna Devaraya University, a copy of which has been filed by the
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petitioner along with the writ petition, the petitionerhaspassedDegreeof Bachelor of Arts in September, 2010. Thus, it is clearthatthepetitionerdidnot possess the Graduation at the time of his engagementascausallabour,and he acquired the said qualification subsequently. Thus,thecontentionofthe petitioner that he is entitled for consideration ofhiscase in terms of Memo dated 26.08.1985, merits no acceptance.
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As a sequel, Interlocutory Applications pending, if any, in this Writ
Petition, shall stand closed.
To,
//TRUE COPY//
SD/- k.srinivasa raju assistant registrar /VSECTI^ OFFICER
- One CC to Sri K. Koutilya Advocate [OPUC]
- APSPDCL '[OPUcf Anumolu, Junior Standing Counsel for
- Three C.D. Copies.
Cnr
HIGH COURT
DATED:12/09/2024
ORDER
WP.No.32298 of 2015
"Si
(I 2 6 OCT WS I
Curr®''* Section
£i>gSPATC^«
DISMISSING THE W.P. WITHOUT COSTS
2 issues framed by the court
Whether an ex-casual labourer who did not possess graduation at the time of first engagement was entitled to absorption under Memo dated 26.08.1985.
Whether the petitioner qualified for appointment under B.P.Ms.No.36 dated 18.05.1997 despite not being on rolls on its date of issuance.
3 provisions across 2 enactments
Shaik China Allabaksh
Chairman & Managing Director, APSPDCL
Chief General Manager (HRD), APSPDCL
Superintending Engineer, Operation Circle, Guntur
V.Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
