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2024:APHC:44676 APHC010451392024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]
(Special Original Jurisdiction)
WEDNESDAY ,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 23223/2024 Between:
1. B OBBILLA SRINIVASA RAO, S/O. BOBBILLA YESAIAH AGED ABOUT 42 YEARS, OCC SHIFT OPERATOR AT KANDLAKUNTA 33/11 KV SUB STATION, VELDURTHY MANDAL, PALNADU DISTRICT AND R/O. RAYAVARAM VILLAGE, MACHARLA MANDAL PALNADU DISTRICT.
...PETITIONER AND
1. T HE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF ENERGY, SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT.
2. A NDHRA PRADESH CENTRAL POWER DISTRIBUTION CORPORATION LIMITED, , (APCPDCL), REP BY ITS CHAIRMAN AND MANAGING DIRECTOR, VIDYUT NILAYAM, VIJAYAWADA, N.T.R DISTRICT.
3. T HE SUPERINTENDING ENGINEER OPERATION, ANDHRA PRADESH CENTRAL POWER DISTRIBUTION CORPORATION LIMITED, (APCPDCL), GUNTUR CIRCLE, GUNTUR DISTRICT
4. T HE EXECUTIVE ENGINEER OPERATION, ANDHRA PRADESH CENTRAL POWER DISTRIBUTION CORPORATION LIMITED, (APCPDCL), MACHARLA DIVISION, GUNTUR CIRCLE, PALNADU DISTRICT.
5. T HE DEPUTY EXECUITIVE ENGINEER OPERATION, ANDHRA PRADESH CENTRAL POWER DISTRIBUTION CORPORATION LIMITED, (APCPDCL), MACHARLA DIVISION, GUNTUR CIRCLE, PALNADU DISTRICT
6. T HE ASSISTANT ENGINEER OPERATION, ANDHRA PRADESH CENTRAL POWER DISTRIBUTION CORPORATION LIMITED, (APCPDCL), VELDURTHY MANDAL, PALNADU DISTRICT.
7. M /S SRI SAI ENTERPRISES, A GRADE ELECTRICAL CONTRACTOR ALL VOLTAGES, OFFICE OF 9-21, RAMALAYAM STREET.
TULLURU, GUNTUR DISTRICT - 522237.
...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 issue the Writ, Order or direction more particularly one in the nature of Writ of Mandamus to direct the respondents 2 to 7 to continue the petitioner as Shift Operator At Kandlakunta 33/11 KV Sub Station, Veldurthy Mandal, Palnadu District under the control of the respondents 5 to 7 with all consequential benefits from the date of discontinuity i.e., 02.10.2024 of the petitioner by declaring the oral directions of the respondents 5 to 7 as illegal, arbitrary and violations of Articles 14, 16 and 21 of the Constitution of India and also violations of the Principles of Natural Justice and pass 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 to direct the respondents 5 to 7 to continue the petitioner as Shift Operator at Kandlakunta 33/11 KV Sub Station, Veldurthy Mandal, Palnadu District pending disposal of the Writ Petition and pass Counsel for the Petitioner:
1. K RAMA KOTESWARA RAO Counsel for the Respondent(S):
1. GP FOR SERVICES The Court made the following:
: ORDER :
Heard Sri K.Rama Koteswara Rao, learned counsel for the petitioner, and Sri S.Raju, learned Assistant Government Pleader for Services appeared for respondent No.1 and Smt.Adarshitha, learned Junior Standing Counsel appeared for respondents 2 to 6.
2. Learned counsel for the petitioner would submit that the petitioner was appointed as Shift Operator on 01.05.2007 at Kandlakunta 33/11 KV Sub- Station, Veldurthy Mandal, Palnadu District. Since then, the petitioner has been discharging duties. When the petitioner went to the office on 02.10.2024, respondents 5 to 7, without any notice, directed the petitioner not to attend the duty.
3. Learned Junior Standing Counsel on instructions, would submit that respondents 5 & 6 have nothing to do with the petitioner’s engagement and the petitioner was engaged by respondent No.7. She also would submit that there is no privity of contract between the petitioner and respondents 5 & 6. She also would submit that there is no employee and employer relationship between the petitioner and respondents 5 & 6. She also would submit that the writ petition itself is not maintainable. She placed reliance upon the order of the Division Bench dated 14.07.2023 in W.A.No.467 of 2023.
4. Thus, as seen from the material papers on record, the petitioner was engaged through a contractor – respondent No.7 at Kandlakunta 33/11 KV Sub-Station, Veldurthy Mandal, Palnadu District. The contractor terminated the service of the petitioner. The Division Bench in W.A.No.467 of 2023, dated 14.07.2023, observed that simply because the payment is made out of the escrow account, the relationship of employer and employee between the appellant and the official respondents is not established. Eventually, the Division Bench dismissed the writ appeal because the writ petition was not maintainable. However, the Division Bench observed that the appellant is at liberty to take recourse to such other remedy as may be open under law.
5. In the case at hand, the petitioner was engaged through respondent No.7 and respondent No.7 terminated the service of the petitioner. There is no Privity of Contract and employer and employee relationship. Hence, this Court does not find any merit in the writ petition and the writ petition is liable to be dismissed.
6. Given the facts and circumstances of the case, the Wirt Petition is dismissed at the admission stage. This order will not preclude the petitioner from taking recourse to such other remedy as may be open under law. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE SUBBA REDDY SATTI Date : 16.10.2024 TVN
184 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.23223 OF 2024 Date : 16.10.2024 TVN
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