HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.21614 OF 2024

ORDER:

Heard Sri M.V.Rama Rao, learned counsel appearing on behalf of the petitioners and Sri G.Vidya Sagar, learned Senior Designated Counsel representing Smt. K.Udaya Sri, learned counsel appearing on behalf of the Respondents.

2. The petitioners approached the Court seeking prayer as under:

“.....to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent in not considering and appointing the petitioners as Junior Lineman on par with the candidates who are appointed as Junior Lineman in the year 2007 with all consequential benefits of pay, regularisation of service and further promotions and rejecting their cases vide Lr. No. CGM (HRD)/ AS (Per & Ser)/ PO-A/1-A2/2022-2, Lr. No. CGM ( HRD)/ AS (Per & Ser)/ PO-A/1-A2/2022- 14, Lr. No. CGM (HRD)/AS (Per & Ser)/ PO-A/1- A2/2022-10 and Lr. No. CGM (HRD)/ AS (Per & Ser)/PO-A/1-A2/2022-3 as illegal and arbitrary consequently direct the respondents to consider and appoint the petitioners as Junior Lineman on par with the candidates who are appointed as Junior Lineman in the year 2007 with all consequential benefits of pay, regularisation and further promotions and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

3. The case of the petitioners, in brief, is that they were working as Contract Junior Linemen since 2001 with the requisite qualifications. In the year 2006, DISCOMs issued notifications for regular JLM posts, giving preference to contract workers. The petitioners applied, passed the pole climbing test, and submitted their experience certificates. However, their names were left out of the selection list due to the concerned Divisional Engineers failing to submit proof of their work. Despite repeated representations, the authorities rejected their cases, citing missing records even though a vigilance report confirmed that the lapse was on the part of the Divisional Engineers. Aggrieved by the same, the petitioners filed the present writ petition.

PERUSED THE RECORD:

4. The petitioners approached this Court by filing W.P.No.3209 of 2022 and the same is disposed of on 02.02.2022 and the relevant portion of the said order is extracted hereunder:

“7. Having regard to the submissions made as above, since the petitioners in the present writ petition are similarly placed and for the reasons alike as stated by this Court in W.P. No. 11825 of 2021, the impugned rejection order dt. 18.02.2020 issued by the 2nd respondent is set aside; and the petitioners are directed to submit fresh representation to the respondents seeking appointment as Junior Linemen within two (02) weeks mentioning the details as to the period of their employment on contract basis with the power utility companies. Upon the petitioners submitting the representation, the respondents shall constitute the committee as submitted before this court expeditiously within the time frame as noted in the order in W.P. No. 11825 of 2021 to verify the details furnished by the petitioners and issue appointment orders, wherever found eligible and also communicate its decision with reason wherever petitioners are found not eligible for being appointed.

8. Subject to above direction, the Writ Petition is allowed. No order as to costs.”

5. The respondent No.2 - Chief General Manager (HRD) TSSPDCL, Corporate Office, Mint Compound, Hyderabad addressed letters vide Lr. No. CGM (HRD)/ GM(Per)/ AS (Per & Ser)/ PO-A/ 1-A2/ 2022-2, Lr. No. CGM ( HRD)/ GM(Per)/ AS (Per & Ser)/ PO-A/ 1-A2/ 2022-14, Lr. No. CGM (HRD)/ GM(Per)/ AS (Per & Ser)/ PO-A/ 1-A2/ 2022-10 and Lr. No. CGM (HRD) GM(Per)/ AS (Per & Ser)/ PO-A/ 1-

A2/ 2022-3, dated 18.01.2023 to the petitioners herein observing as under:

“Out of 214 vacancies notified in Nalgonda Circle, as on date 490 posts were already filled in pursuance to the notification and various orders of