Shaik Chand Bhai Gari Hussen Peer vs The State of Andhra Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(AP) 1088

APHC010380432024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]
(Special Original Jurisdiction)
MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19488/2024 Between:
1. S HAIK CHAND BHAI GARI HUSSEN PEER, S/O.SHAIK CHAND BHAI GARI KHASIM VALLI, AGED ABOUT 38 YEARS, OCC EX-SHIFT OPERATOR, TEKURPET SUBSTATION, APSPDCL, R/O.D.NO.15- 32/2, SRI RAM NAGAR, PORUMAMILLA VILLAGE AND MANDAL YSR DISTRICT. ...PETITIONER AND
1. T HE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.
2. T HE ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LTD, HAVING ITS OFFICE AT 9-13-65/A, SRINIVASAPURAM, TIRUCHANOOR ROAD, TIRUPATI-517503 REP., BY ITS CHAIRMAN-CUM-MANAGING DIRECTOR.
3. T HE SUPERINTENDING ENGINEER, KADAPA OPERATION CIRCLE, 4. T HE EXECUTIVE ENGINEER, MYDUKUR OPERATION DIVISION, MYDUKUR, YSR DISTRICT.
5. T HE DEPUTY EXECUTIVE ENGINEER, OPERATION SUB-DIVISION PORUMAMILLA, APSPDCL.
6. P NARASA REDDY, S/O.NOT KNOWN, AGED ABOUT 50 YEARS, OCC CONTRACTOR, OFFICE AT D.NO.12/37, SIDDAVATAM ROAD, BADVEL, YSR DISTRICT.
...RESPONDENT(S):
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 may be pleased to pass an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring inaction on part of the respondents No.3 and 4 in considering the report submitted by the respondent No.5 in Lr.No.DEE/O/PML/JE/F.D.No.322/24, dated 10.07.2024 and taking further action on the same by permitting the respondent No.6 to engage the petitioner services as Shift Operator at Terukpeta Substation, Porumamilla Village and Mandal, YSR District as arbitrary, illegal, colorable exercise of power and contrary to the well established legal principles apart from being violative of the Fundamental Rights guaranteed to the petitioner under Articles, 14, 19 and 21 of the Constitution of India and consequently direct the respondents No.3 and 4 to take appropriate action on the report submitted by the respondent No.5 in Lr.No.DEE/O/PML/JE/F.D.No.322/24, dated 10.07.2024 and re-engage the services of the petitioner as Shift Operator at Terukpeta Substation, Porumamilla Village and Mandal, YSR District and pass appropriate orders in accordance with law and pass such IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents No. 3 to consider the representation, dated 11.06.2024 to reinstate the petitioner into service as Shift Operator at Terukpeta Substation, Porumamilla Village and Mandal, YSR District and pass appropriate orders in accordance with law, till the disposal of the above Writ Petition and pass such Counsel for the Petitioner:
1. V R REDDY KOVVURI Counsel for the Respondent(S):
1. GP FOR ENERGY
2. Venkata Rama Rao Kota SC FOR APSPDCL The Court made the following:

:: ORDER ::

Heard Sri Abhay, learned counsel representing Sri V.R.Reddy Kovvuri, learned counsel for the petitioner, Smt Jyothi Ratna, learned Standing counsel appearing for respondents 2 to 5 and Sri S.Raju, learned Assistant Government Pleader for Services appearing for respondent No.1.

2. The notice in respect of the 6^th respondent is dispensed with because of the letter addressed by the 4^th respondent-Executive Engineer, Operation Division, Mydukur to the Contractor vide Lr.No.EE/O/MDK/AEE.T./F.no:53/

D.No:656/24-25, dated 11.09.2024.

3. Learned counsel for the petitioner would submit that the petitioner was initially appointed as Shift Operator (Contract) by the then Contractor, APSPDCL in the year 2007. Since then, the petitioner has been discharging his duties.

4. Be that as it may, the Returning Officer addressed a letter to the District Election Officer & District Collector vide Ref.No.Elec/139/2024, dated 03.04.2024 (Ex.P6), that the petitioner (outsourcing) employee in APSPDCL participated in election canvassing. The said act violates MCC rules. The Returning Officer also addressed a letter to the 4^th respondent vide Ref.No.Elec/139/2024, dated 03.04.2024 (Ex.P7) and requested to initiate disciplinary action against the petitioner. The 4^th respondent, in turn, addressed a letter vide Lr.No.EE/O/MDK/AEE.T./F.no.53 /D.No:03/24, dated 03.04.2024 (Ex.P8) to the 6^th respondent-Contractor directing to terminate the petitioner, failing which the Contractor will be blacklisted based on the record available.

5. Learned counsel for the petitioner would submit that in pursuance of Lr.No.EE/O/MDK/AEE.T./F.no.53/D.No:03/24, dated 03.04.2024 (Ex.P8) the Contractor dispensed with the services of the petitioner.

6. The writ petition was listed on 06.09.2024 and thereafter adjourned at the request of learned Standing counsel.

7. Today when the matter is listed the learned Standing counsel submitted a letter vide Lr.No.EE/O/MDK/AEE.T./F.no:53/D.No:656/24-25, dated 11.09.2024 addressed by the 4^th respondent to the Contractor, forwarding the representation made by the petitioner to take necessary action.

8. In fact, as seen from Lr.No.DEE/O/PML/JE/F./D.No.322/24, dated 10.07.2024 (Ex.P1) a letter addressed by the 5^th respondent to the 4^th respondent indicates that the petitioner neither has participated in canvassing nor violated the Model code of conduct.

9. The 6^th respondent is a Contractor who has been supplying the workforce, based on a contract with the Corporation. Normally, a writ petition under Article 226 of the Constitution of India against the 6^th respondent is not maintainable. However, in the facts and circumstances, coupled with Ex.P1 and the letter addressed by the 4^th respondent to the Contractor, the learned Contractor shall take an appropriate decision as expeditiously as possible.

10. With the above observation the writ petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

___________________________ JUSTICE SUBBA REDDY SATTI Dated: 03.02.2025 SNI

134 HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.19488 of 2024 Dated: 03.02.2025 SNI

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