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2008 Supreme(AP) 320

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
L. NARASIMHA REDDY, J.
K Jangaiah - Appellant
Versus
Andhra Pradesh Central Power Distribution Company Ltd., Hyderabad and others - Respondents
WP Nos.19051 and 19054 of 2007; 609, 5789 and 7236 of 2008 and Batch
Decided on : Second Day of May, 2008

Advocates appeared: M. Venkatram Reddy, P.R Balarami Reddy, (Mrs.) A Pankaja, Peeta Raman, M. China Swanry, Government Pleader for Forests, Counsel for the Appearing Parties.

Headnote:Service Law – Section – Preference to experience cannot be extended to such a level that it can over-shadow all other considerations and criteria – selection must be based on stipulated formula – Employer can abandon selection process if he faces any difficulty in it.

       (Para 17, 23, 24)

JUDGMENT:-

Generation, transmission and supply of electricity, in the State of Andhra Pradesh used to be undertaken by the A.P. State Electricity Board, which was created under a statute. In the recent past, substantial changes were brought about, in the said activity. Separate Companies, fully owned by the State, were brought into existence, for undertaking the respective activities, in the place of the Board. Activity of generation of power is brought under the purview of the A.P. Generation Corporation (for short 'the A.P. GENCO'); the transmission, under the A.P. Transmission Corporation (for short 'the A.P. TRANSCO'), and the Distribution, under the purview of four separate Distribution Companies. Even under the changed set up, the control of Government exists, be it, in the context of overseeing the general activities, or monitoring the pattern of appointments, in the respective companies. The Distribution Companies function almost as sister-organizations to the A.P. TRANSCO.

2. For effective functioning of the Transmission and Distribution Companies, the field staff in the category of Junior Linemen assume importance. The said Companies approached the Government of Andhra Pradesh, seeking permission to fill hundreds of vacant posts of Junior Linemen. After examining the matter, in detail, the Government of A.P., in its Energy Department, accorded permission, vide letter dated 7.6.2006, to the A.P. TRANSCO and the Distribution Companies, to fill the posts of Junior Linemen, on contract basis, vide its letter dated 7.6.2006. Apart from granting necessary permission, the Government had prescribed the detailed selection process, stipulated the qualifications of the candidates, criteria for selection, and the nature of appointment to be made. Possession of LT.L qualification, residence in the notified area of jurisdiction, and clearance of Pole Climbing Test were made compulsory. It was also indicated that in case the number of applicants is more than the vacancies, the selection shall be on the basis of marks in the LT.L, examination. Rules of Reservation were made applicable.

3. On the next day itself, i.e. 8.6.2006, the Distribution Companies have issued notifications, inviting applications for selection of candidates for the post of Junior Linemen on contractual basis, incorporating the parameters of selection. The last date for submission of applications was stipulated as, 25.7.2006. The petitioners and several others submitted their applications.

4. Even while the selection process was in progress, the Government issued letter dated 28.8.2006, altering the parameters of selection. Preference was provided in favour of candidates who are working as Contract Labour. Through another letter dated 16.10.2006, further alterations were effected. On the basis of these directions from the Government, the Distribution Companies issued revised notification dated 20.10.2006, completely changing the method of selection. It was mentioned that the said notification is in continuation of the earlier notification, dated 8.6.2006.

5. The petitioners challenge the selection process adopted by the Distribution Companies, as well as the action of the Government in incorporating various 'conditions. It is urged that once the notification was issued, prescribing a particular selection process, it was not open to the respondents to alter the same. The petitioners further contend that the entire process of selection was reduced to an empty formality and a devise, to continue the Contract Labour, said to have been engaged by the Contractors, before and after the notification dated 8.6.2006. Petitioners complain that the Rules of Reservation was treated as a ruse to select and appoint candidates, of their choice by the respondents, indiscriminately, and the net result had only demonstrated that, it virtually became a free for all affair, and merit, which was the only criterion, at the initial stage, was reduced to irrelevance.

6. On behalf of the Distr


























































































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