IMPORTANT POINT
The central legal point established in the judgment is the entitlement of the petitioners to the benefits of Regulation 30-A, the discriminatory nature of the rejection orders, and the violation of Article 14 of the Constitution of India.

ORDER:

This writ petition is filed to declare the Proceedings vide Lr.Nos.CGM/HRD/GM(S)/AS-I/697/7/PO-I/WP.No.4506/06-1 to 4 and 7 dated 09.11.2006 and also Lr.No.CGM(HRD)/JS/AS(Estt.)/PO-A/WP No.1896/2007/728- A3/11-1 dated 23.07.2011 of respondent No.3, as illegal, arbitrary and contrary to the Regulation No.30-A of the A.P. State Electricity Board Service Regulations Part-I as well as the judgment of this Court as confirmed by the Hon’ble Supreme Court.

2. Heard Sri M.Srikanth, learned counsel for the petitioners, and Sri G.Vidyasagar, learned senior counsel appearing for the respondent Corporation.

3. The brief facts of the case:

3.1. The petitioners were appointed in erstwhile A.P. State Electricity Board (APSEB) as Lower Division Clerks and thereafter promoted time to time in various categories i.e., Upper Division Clerk, Junior Accounts Officer, Assistant Accounts Officer and Account Officer. Petitioner No.1 was promoted as Senior Accounts Officer and later posted as In-charge General Manager, vide Memo No.CGM(HRD)/GM(S)/AS(I)/F.28/05/POI/05 dated 25.05.2005. Petitioner Nos.2 and 3 were posted as In-charge Senior Accounts Officers, vide Memo No. CGM(HRD)/GM(S)/AS(I)/F.SAO.29-PO-I/05, dated 25.05.2005. Petitioner No.4 was promoted as In-charge Senior Accounts Officer, vide Memo No. CGM(HRD)/GM(S)/AS(I)/F.SAO/520-POI/04, dated 30.09.2004 and petitioner No.5 was promoted as Incharge Senior Accounts Officer vide Memo No. CGM(HRD)/GM(S)/AS(I)/F.SAO/520-PO-I/04-1, dated 29.10.2004 and they were discharging the duties as General Manager/Senior Account Officers.

3.2. The petitioners submitted representation to the respondent authorities requesting them to regularize their services in the above said posts and fix the pay as per the Regulation 30-A of the A.P. State Electricity Board Service Regulations Part-I (for short, ‘the Regulations’). Respondent No.3 rejected the representation of the petitioners and passed the impugned order on 09.11.2006, stating that the respondent Corporation has issued Memo No.GM(HRD & Trg)/DS(P)/AS(P)/PO.III.1/153/03, dated 28.11.2003 wherein it is mentioned that “not to give any relaxation either in respect of educational qualification or number of years of service stipulated in service regulations while considering for promotion/appointment in all the categories of posts”. Thereafter pursuant to the interim order dated 18.01.2008 granted by this Court in this writ petition, respondent No.3 passed speaking orders vide Lr.No.CGM(HRD)/JS/AS(Estt.)/POA/WP 1896/2007/728-A3/11-1, dated 23.07.2011 rejecting the claim of the petitioners. Questioning the said orders, the petitioners filed the present writ petition.

4. Submissions of the respective counsel:

4.1. Learned counsel for the petitioner submitted that similarly situated persons, who are working in NPDCL, filed W.P.No.24852 of 2004 for regularization of their services and to grant relaxation on par with the similarly situated persons in various cadres including promotion to the category of Personal Officer. The said writ petition was allowed on 31.12.2004 and the petitioners therein were promoted as Personal Officers.

4.2. Learned counsel further submitted that in W.P.No.1085 of 2006, this Court allowed the writ petition in terms of Regulation 30-A of the Regulations and the respondent Corporation implemented the said order and extended all the benefits in favour of the petitioners therein. In another judgment in W.P.No.12568 of 2006, this Court allowed the writ petition on 23.06.2006 directing the respondents therein to fix the pay of the petitioners therein in terms of Regulation 30-A of the Regulations within six weeks from the date of receipt of copy of the order.

4.3. When the respondents are not given regular promotions to the petitioners to the respective cadres, filed W.P.No.4506 of 2006 seeking two reliefs, ie., (1) For regular promotion to the cadres in which they have been working on in the in-charge basis i.e., General Manager and Senior Accounts