APHC010351352018

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3368]

(Special Original Jurisdiction)

THURSDAY,THE EIGHTEENTH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

WRIT PETITION NO: 16425/2018

Between:

1. PETA VENKAT KOUSHIK,, S/O PETA RATNA KUMAR, AGED

ABOUT 23 YEARS, OCC. UN-EMPLOYEE, R/O H.NO. 507, 6TH LANE, KUNDUKA ROAD, KRISHNA NAGAR, PATTABHIPURAM, GUNTUR MANDAL, GUNTUR DISTRICT,

ANDHRA PRADESH

...PETITIONER

AND

1. A P POWER GENERATION CORPORATION LIMITED

APGENCO, REP., BY ITS MANAGING DIRECTOR, VIDYUT

SOUDHA, GUNADALA, VIJAYAWADA, KRISHNA DISTRICT.

2. CHIEF GENERAL MANAGER ADMN, VIDYUT SOUDHA,

GUNADALA VIJAYAWADA, KRISHNA DISTRICT.

3. SECY ENERGY DEPT STATE OF A P, THE STATE OF

ANDHRA PRADESH, DEPARTMENT OF ENERGY, REP.BY ITS ENERGY SECRETARY, SECRETARIAT BUILDINGS, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA

PRADESH

...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 toto issue an appropriate writ, direction or order, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.1 vide its proceedings in G.O.O.No.8/CGM(Adm, IS and ERP)/2018, dated. 11-01-2018 to the extent of earmarking /reserving 50percent of the posts of Sub- Engineers to the working staff of the Respondent No.1, by way of appointment by transfer, unduly ignoring and undermining the larger interest of open market candidates for the said posts by way of direct recruitment as illegal, contrary to the APSEB Service Regulations Part- Ill, Annexure I, II and Ill followed by regulations 6(a), 7 and 14 and

violating Article 14, 16 and 21 of the Constitution of India which is also vitiated by lack of jurisdiction for want of Government Sanction and to set aside the same and it is further consequentially prayed this Honble Court may be pleased to direct the Respondent No.1 and 2, to forthwith amend the Notification in Memo No. CGM (adm,IS and ERP)/Ds (Adm)/AS(Admn)PO-A/57/2016-1, dated. 20-03-2018, or issue a fresh notificatior duly providing 90percent recruitment to the open market candidates by way of direrct recruitment to the post of Sub Engineer, who prosecute Polytechnic Diploma course by way of regular study, in tune with B.P.(P and G-Per) Ms 354, dated.12.12.1994, duly showing the open market candidates above the 10percent insiders appointed by transfer, in the order of seniority and to pass IA NO: 1 OF 2018 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, to invite the Petitioner /open market candidates also to participate in the ongoing recruitment to the post of Sub-Engineer, by suitably modifying the notification issued by the Respondent No.1 vide Memo No. CGM (Admn, IS & ERP) / DS(Adm) / AS(Adm) / PO-A/57/2016-1, dated 20- 03-2018, for recruitment to the post of Sub-Engineer or by issuing a fresh notification incorporating 90% reservation to the open market candidates like the Petitioner and to pass IA NO: 2 OF 2018 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 vacate the interim orders dated 05.06.2018 passed in WP.No. 16425/2018 and dismiss the above writ petition with exemplary costs in the interest of justice and pass Counsel for the Petitioner:

1. S R SANKU AND KAVITI MURALI KRISHNA Counsel for the Respondent(S):

1. GP FOR ENERGY (AP)

2.

3. K.KRISHNABUSHAN CHOWDARY SC For APGENCO The Court made the following:

THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.16425 of 2018

ORDER:

As reported by the Registry, notice issued to the writ petitioner was returned un-served with the endorsement “no such addressee”.

The petitioner has not come forward to prosecute the writ petition.

2. In view of the a