THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.13599 of 2025

ORDER:

The present writ petition is filed challenging the action of the respondents in not considering their candidature for appointment to the post of “Assistant Engineer” (Electrical, Mechanical, Electronics, and Civil) in the recruitment under Notification No.01/CGM(Adm)/2023, dated 04.10.2023 in the existing vacancies, despite their eligibility and qualification.

2. Heard Mr. A.Raghuram, learned counsel appearing for the petitioners, learned Government Pleader for Electricity Department appearing for respondent No.1 and Mr.Srinivasa Srikanth, learned counsel appearing for respondent No.2 and perused the entire material available on record.

3. Learned counsel for the petitioners submits that respondent No.2 issued Notification No.01/CGM(Adm)/2023, dated 04.10.2023, inviting applications for the post of “Assistant Engineer” (Electrical, Mechanical, Electronics, and Civil). The number of tentative vacancies indicated in the said notification is 399. It is further submitted that pursuant to the said notification, the petitioners applied for the said posts, appeared for the written examination held on 14.07.2024 and successfully cleared it. Consequently, the petitioners are duly qualified and eligible for the post of Assistant Engineer.

4. Learned counsel for the petitioners further submits that respondent No.2 issued Letter No.Dir(HR)/CGM(Adm)/DS(Adm)/AS(Adm)/PO-C/36/2023-2, dated 05.01.2025, stating that out of 399 posts, appointment orders were issued only to 315 candidates under the category of “Chemist,” leaving 84 vacancies unfilled due to absence of certain candidates during document verification. It is further submitted that the petitioners, being qualified and eligible, sought consideration for these unfilled vacancies but were informed that the vacancies would be carried forward to the next notification.

5. Learned counsel for the petitioners further submits that the petitioners had previously submitted several representations dated 12.09.2024, 16.10.2024, 07.11.2024, 25.11.2024, and 23.12.2024 to respondent No.2 requesting to consider their candidature for appointment to the post of “Assistant Engineer” (Electrical, Mechanical, Electronics, and Civil). However, respondent No.2 failed to act upon the said representations. Subsequently, petitioner Nos.1, 3, and 7 submitted further representations dated 31.01.2025 and 06.02.2025 to respondent No.2, but the same have not been considered till date. Aggrieved by the action of respondent No.2, the petitioners herein filed the present writ petition.

6. Learned counsel for the petitioners placed reliance on the order passed by this Court in W.P. No.42734 of 2017 and batch, wherein this Court directed the respondent authorities to consider the candidature of the petitioners therein for appointment to the post of Assistant Engineers (Electrical) in the unfilled 42 notified posts based on their merit and roster points and pass appropriate orders within a period of six weeks from the date of receipt of copy of this order. In view of the aforesaid decision, the petitioners herein are similarly situated, and therefore, prays that this Court may be pleased to direct the respondent authorities to consider the candidature of the petitioners herein for appointment to the post of “Assistant Engineers (Electrical, Mechanical, Electronics and Civil)”

without treating the existing vacancies as fallout vacancies.

7. Learned counsel for the petitioners also placed reliance on the decision of the Hon’ble Supreme Court in Munja Praveen v. State of Telangana, (2017) 14 SCC 797, contending that the principles laid down therein are squarely applicable to the present case. Observation of the above case in Para No.8 is as follows:

“….According to these rules, in a recruitment year, against number of notified vacancies, selection shall be made only to the equal number of posts notified and there shall be no waiting list. In oth