APHC010285422014 IN THE HIGH COURT OF ANDHRA PRADESH [3209]

AT AMARAVATI (Special Original Jurisdiction)

WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 16699/2014 Between:

1. P .VENKATA KRISHNAIAH, S/O KRISHNAMA NAIDU, AGED ABOUT 42 YEARS, ELECTRICAL CONTRACTOR, R/O BALAYAPALLI VILLAGE & MANDAL, SPSR NELLORE DISTRICT.

...PETITIONER AND

1. S OUTHERN POWER DISTRIBUTION COMPANY AND 2 OTHERS, PRADESH LIMITED, TIRUPATHI, REP BY CHIEF GENERAL MANAGER OPERATION APSPDCL, TIRUPATHI, CHITTOOR DISTRICT.

2. S UPEIMTENDING ENGINEER OPERATION, SPDCL, NELLORE, SPSR NELLORE DISTRICT.

3. D IVISIONAL ELECTRICAL ENGINEER, OPERATION DIVISION SPDCL, NAIDUPET, SPSR NELLORE 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 toto issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 2 and 3 in not approving the candidates recruited by the petitioner as shift operators of Gollagunta- SS and Nidigallu-SS Sub-Station as illegal and arbitrary and consequently direct the 3rd respondent to approve the candidates recruited as Shift operators by the petitioner and allow the recruited candidates to work as shift operators of Gollagunta- SS and Nidigallu-SS and pay the wages and other benefits from the date of recruitment as Shift operators, and pass such other or further order or orders as deem fit and proper in the circumstances of the case.

IA NO: 1 OF 2014(WPMP 20748 OF 2014 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 3rd respondent to approve the candidates Namely Pulakanti Siddaiah, Dasari Srinivasulu, Gorthala Chandraiah recruited by the petitioner and allow to work at Substations Gollagunta- SS and Nidigallu-SS pending disposal of the above Writ Petition, and pass such other or further order or orders as deem fit and proper in the circumstances of the case.

IA NO: 4 OF 2014(WPMP 121552 OF 2014 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 Counsel for the Petitioner:

1. P GANGA RAMI REDDY Counsel for the Respondent(S):

1. Venkata Rama Rao Kota SC FOR APSPDCL

2. P VINOD KUMAR The Court made the following:

ORDER:-

Heard Mr.K.Divakar Reddy, learned counsel representing the matter on behalf of the writ petitioner and also Mr.Ashok, learned counsel representing Mr.Kota Venkata Rama Rao, learned Standing Counsel for APSPDCL.

2. The writ petition is filed seeking to declare the action of respondent Nos.2 & 3 in not approving the candidates recruited by the petitioner/contractor as shift operators in the subject matter sub-stations as illegal and arbitrary, and for consequential directions to approve the candidates recruited as shift operators and to allow the recruited candidates to work as shift operators, etc., 3. A learned Judge of the Combined High Court for the State of Telangana and for the State of Andhra Pradesh, vide interim order dated 19.06.2014 in W.P.M.P.No.20748 of 2014, directed the 3^rd respondent to approve the candidates recruited by the petitioner for maintenance of sub-stations as per the terms and conditions. Counter affidavit was filed, but no vacate stay petition was filed.

4. In view of the above stated position and the direction, which was granted as long back as in the year 2014, this Court is not inclined to examine the matter in detail.

5. Accordingly, the writ petition is closed. However, it is needless to observe that the petitioner is at liberty to seek recourse to the Law, in the event any cause of action survives.

There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall also sta