Petitioners challenged a recruitment notification, seeking regularization and relaxation of qualifications under service and constitutional rights laws. The petition was dismissed as infructuous.
The writ petition was dismissed as infructuous.
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.
[3300 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original J urisdiction)
WEDNESDAY. THE EIGHTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 7727 OF 2012
Between:
AND
...RES'ONDENTS
Petition under Article 226 of the Constitution oflndia praying that in the circumstances stated in the affidavit filed therewith, theHigh Court may be pleased \o issue a writ or order, orders or dtrections particularly one in the nature of wril bf l\rlandamus declaring the action of therespondents in issuing notificati6n dt. 18-01-2012 for recruitment of Junior Lineman instead of initiating steps for absorbing thepetitioners into regularvacatrciesin the 2nd respondent corporation as illegal, arbitrary, unjust, unfairlabour practice and also contrary to Sec.10(1) of the Abolition of Contractlabour (Regularisationand
Abolition) Act 1970 the Article 7 . 23 (1) of UniversalDeclaration.of Human Rights, 1948 besides violative of the Arts.14, 16. 21and 23 ofthe Constitutionof lndia and consequently set aside lhe saidnotifications ofJunior Lineman recruitment and also direct the respondents to absorb the servicesof all the petitioners by conferring permanent employees status without insisting for possessing SSC and lTl in Electrical/Wireman trade or lntermediate Vocational Course in Electrical tradequalifications, to those who does not have such qualifications
l.A. NO: 1OF 2O12(W PMP. NO: 9791 OF 2012].
Petition under Sectton 15.1 CPCpraying that in the circumstances stated in the affidavit filed in support of thepetition, the High Courtmaybe pleasedto direct the respondents 2 to 6 to receive the applicationsforms of the petitioners to the post Junior Lineman, irrespective of their educationalqualificationsin order to allow them to participate in selectionprocess
Counsel for the Petitioner: SRI PEETA RAMAN
Counsel forthe Respondent No.1: GP FOR ENERGY
Counsel for the Respondent No.2 to 6: M/s.V. UMADEVI
(SC FOR TS TRANSCO)
The Court made the following: ORDER
I
THE HONOURABLE SRIIUSTICE NAGESH BHELMAPAKA
WRIT PETITION No.7727 OF 2012
ORDER:
Today when the matter is taken up for corrsideration, Smt. K. Swathi, iearned counsel representing Sri. I,eeta Ramary learr.red counsel for the petitioners has fairll, submittecl that the subject matter of this writ petition has become inJrucLuous.
2 Accordingly, this writ petition is dismissed as infructuous Hol,r,ever, the petitioners are at libertv to revr'e the. r,r,rit petition, if cause exists. No order as to costs.
As a sequel, the miscellaneous petition s, if any, pcncling in the
{rit Petition shall stand closed.
SD/. T. JAYASREE ASSISTAATREGISTRAR //TRUE COPY// SECfION OFFICER
To, '1 . One CC to SRI PEETA RAIUAN, Advocate [OPUC] 2. fwo CCs to GP FOR ENERGY, High Court for the State of Telangana. [OUT] 3. One CC to M/s. V. UIVIA DEVI (SC FOR TS TRANSCO) [OPUC] 4. Two CD Copies BN GJ
HIGH COURT
DATED:1811012023
ORDER
WP.No.7727 of 2012
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DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS
n
2 issues framed by the court
Whether the High Court should issue a writ of mandamus directing the respondents to regularize the petitioners instead of initiating new recruitment notifications.
Whether the selection process should allow participation irrespective of educational qualifications.
6 provisions across 2 enactments
1. B. Thirupathi and others
The Government of Andhra Pradesh
The Transmission Corporation of Andhra Pradesh Limited
The Transmission Corporation of Andhra Pradesh Warangal Zone
The Transmission Corporation of Andhra Pradesh Hyderabad Rural Zone
The Transmission Corporation of Andhra Pradesh Karimnagar Circle
NAGESH BHEMAPAKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
