IMPORTANT POINT
The court established that claims for preferential treatment in employment must be substantiated with evidence of entitlement and that the absence of an employer-employee relationship precludes the issuance of a writ.

ORDER:

1. This writ petition is filed claiming the following relief:

“…to issue Writ, Direction, Order or Orders more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not notifying the existing vacancies and not following the Rule of Reservation in the posts of Shift operators and not considering their services rendered in strike period cases the petitioners in the post of Shifting operators in Anantapur District is illegal, arbitrary contrary to the G.O.Ms.No.94, GAD (SER.A) Department, dated 28.03.2003, violative of Articles 14, 16 and 19 of the Constitution of India and consequently direct the Respondents to appoint the petitioners in the existing vacancies even before considering any new candidates by strictly following the rule of reservations and to pass such other order or orders...”

2. The case of the petitioners is as follows:

3. The petitioners herein are all unemployed and belonging to the Scheduled Tribe Community and seeking temporary employment for the posts notified at the Respondents Organization based on the previous services rendered by them as contract labourers in the strike period of its employees and providing security to safeguard the sub-stations and of A.P.TRANSCO assets vide instructions issued vide Lr.No.C/TR/SE/TR/D/SS/ADE-1/D.No.506/18, dated 20.02.2018 and also in critical sub-stations as alternative, managing power in case of personnel who were on strike. They are at fond hope that their services would be recognized and whenever the vacancies were arose, they would be considered by giving the preference as contract labours/temporary employees by the Respondent organisation.

4. While so, the Respondents organization called for filling up of the 147 shift operator posts in the AP Electrical Department, Anantapur Division and the orders were issued to all the AE's to process and selection of suitable personnel with the required qualification as ITI Electrical branch. All the Petitioners herein have the required qualifications.

5. It is submitted that the G.O.Ms.No.94, GAD (SER.A) Department, dated 28.03.2003 is issued with specific guidelines for contractual appointments, wherein all the departments shall maintain separate rosters and Rule of Reservation in the recruitment of the contract basis as per rules laid down under Rule 22 of the A.P. State and Subordinate Service Rules, 1996.

6. It is further submitted that the Respondents herein are not following any law and all the shift operators' posts were filled up by violating the rules and regulations or law and on the recommendations of the letters of MLAs and MPs. The Respondents herein are appointing and sending their own men to the contractor and accordingly utilizing their services as the outsourcing employees or contract employees.

7. Sri Anup Koushik Karavadi, learned counsel for Respondent Nos.2 to 5 filed counter affidavit and Vacate Stay petition on behalf of Respondent Nos.2 to 5, wherein it is stated that the averments made in the writ petition are baseless and hereby denied. Further, it is to place on record that Respondent No.2/A.P. TRANSCO did not call for the filling up of 147 Shift Operator posts and no orders were issued to any A.E in the AP TRANSCO to fill the posts with required qualifications as ITI Electrical branch. The CMD/A.P.TRANSCO has not issued any orders to fill up the posts of shift operators. Therefore, the writ petition suffers from making false statements and the petitioner is liable to be punished for committing perjury. The writ petition is liable to be rejected on the very ground that the Writ Petitioner had approached this Hon'ble Court with unclean hands.

8. It is further submitted that the O&M manning works of 220 KV and 132 KV will be awarded to the O&M manning contractors by way of tendering/bidding at zone level. The O&M manning contractor will deploy labour for O&M manning works at 132KV and 220KV Substations. Hence considering the representations of the petitioners is