✦ High Court of India · 06 Jan 2025

High Court · 2025

Case Details High Court of India · 06 Jan 2025
Court
High Court of India
Decided
06 Jan 2025
Bench
Not available
Length
1,476 words

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus under Article 226 of the constitution of lndia declaring the action of Respondent Authorities for not providing employment to the Petitioner as sub-station operator at the 33/1 1 KV Sub-Station at Narsakkapalli' WarangalRuralCircleinspiteofexecutionofgiftdeedvideDoc.No.2S3l2olTin favour of Respondent No.4 in respect of his agricultural land to an exlent of Ac-O- 35 Gts., in Survey No.349/C/1 minjamuly situated at Rayaparthi Village' Parkal Mandal,WarangalDistrict,Telanganaasbeingdiscriminatory'illegal'nrr1l'void' v arbitrary, contrary to law apart from being violative of Articles 14, 15, 16, 17, 19 and 21 oI the Constitution of lndia. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in s;upport of the petition, the High Court may be pleased to direct the Respondent Authorities either to provide employment to the Petitioner as Sub- Station Operator at the 33/1 1 KV Sub-station at Narsakkapalli, Warangal Rural Circle or to pay compensation for his agricultural land to an extent of Ac.0-35 Gts., in Survey No.349/C/1 minjamuly situated at Rayaparthi Village, Parkal Mandal, Warangal District, -felangana, which was gifted in favour of 4th Respondent, forthwith. Counsel for the Petitioner: M/S. M SARITHA Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent Nos.2 to 4: SRI ZAKIR ALI DANISH, C The Court made ther following: ORDER HON'BLE MRS JUSTICE SUR.EPALLI NANDA WR T PETIT ON No.l 6,6oF 202s ORDER: Heard Smt. M.Saritha, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Energy, appearing on behalf of the respondent No.l and Sri Zakir Ali Danish, learned Standing Counsel appearing on behalf of the respondent Nos'2 to 4' 2 The oetitaoner aooroached the Coult seekino Draver as under: "...to issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus under Article 226 of the Constitution of India declaring the action of Respondent Authorities for not providing employment to the Petitioner as Sub-Station Operator at the 33/11 KV Sub-Station at Narsakkapalli, Warangal Rural Circle in spite of execution of gift deed vide Doc.No.2B3l2}l7 in favour of Respondent No'4 in respect of his agricultural land to an extent of Ac'0'35 Gts., in Survey No.349/C/1, minjamuly situated at Rayaparthi Village, Parkal Mandal, Warangal District' Telangana as being discriminatory, illegal, null, void' arbitrary, contrary to law apart from being violative of Articles 14, 15, 16, 17,19and21 of theConstitutionof India and to pass such other order orders as this 2 Hon'ble Court may deem fit and proper in the circumstitnces of the case."

3. The casr: of the petitioner in brief is that the petitioner is the absolute owner and possessor of the land to an extent of Ac.0.35 guntas in Sy.No.349/C/1, Minjamuly, Rayaparthy Village, Parkal Maldal, Warangal District. In the month of January, 2017, respondent No.4 approached the petitioner and requested him to execute Gift Deed of his land for the construction of 33/11KV Sub-Station at Narsakkapalli, Warangal Rural Circle and the petitioner has agreed for the same. On 3L.07.2021, the respondent No.2-the Chairman and Managing Director, Northern Power Distribution Company of Telangana Limited, Nakkalagutta, Warangal District issued a memo vide proceedings No.CMD/Jt.Secy/GM(IR)/AS/pO-t/SSO-t_L/202t dated 31.07.2027 to the petitioner, which confirmed that the petitioner had donated the land for the construction of 33/11KV Sub-Station and that the petitioner would be appointed as Sub- Station Operator at 33/11KV Sub-Station, however, inspite of the said proceedings dated 3t.O7.2021 issued by the respondent No.2, the respondent authorities have not provided employment to the petitioner as Sub-Station Operator at 33/11KV Sub_ Station at Narsakkapalli, Warangal Rural Circle or any alternate ../ ,:/// ') .,/ pay compensation for his land as on date. Aggrieved by the same, the present writ petition is filed.

4. Learned Standing Counsel appearing on behalf of the respondents on instructions submits that the petition€r approached the Court with false averments and infact, in pursuance to the proceedings dated 3L.O7.2OZl issued in favour of the petitioner, the petitioner neither responded nor submitted any joining report as on date. He further submits that upon the petitioner furnishing the joining report to the respondent No'3, the grievance of the petitioner as put forth in the present writ petition, would be redressed by the respondents in accordance to law.

6. Perused the record. 6 e fth m mo CMD/Jt. Secv/GM (IR)/AS lPo-r/sso -Lr.l20 1d No. 3l .20 R u b 3rd s t h "The Superintending Engineer/Operation/Warangal Rural has submitted that Sri Kodepaka Amarender, S/o' Mogili has donated land for construction of 33/11 KV Sub-Station at Narsakkapalli, Warangal Rural circle and whlle furnishing the representation of the individual for 4 engagingt as Sub-Station Operator along with the relevant documents, has requested for further orders in the matter for enabling to Charge,/Commence the Operation of the Sub-Station which is lying Idle for want m tlat'tt ITI ies ofs of manpower. 2. After carefu! examination, aporoval is hereby accorded to enoaoe Sri Kodeoaka Amarender, S/o. Kodepaka Moqili as Sub-Station Ooerator in 331Ll KV Sub-Station at NarsakkaDalli, Waranoal Rural circle which is lavtno Idle for want of manoower rlrrlrr rnl lectin el the G il Apatl nt tn a rtL nd relevan certificates. The payment of wages shall be made as per Skilled category as is being made in respect of the personnel engaged as per orders issued vide reference 1't and 2nd cited and orders issued from time to time. 3. The concerned officers are directed not to engage any other new person/replace the personnel under any circumstances and in case of any deviations, necessary disciplinary action will be initiated apart From recovery of the amount from their personal account. 4. The payment Authority should verify the remittances of EPF & ESI amounts every month and after confirmation of previous months remittances, payments for the subsequent months should be released as; per rules. "

1. Takinq into consideration: ,,1 5 a) The submissions Put forth by the learned counsel appearing on behatf of the petitioner and the learned Standing Counsel appearing on behalf of the respondents' b) The contents of the proceedings dated 31'O7'2O21 issued by the respondent No.3 (referred to and extracted above) and c) The specific stand of the respondent No'3 that in the event the petitioner submits the joining report, the respondents are ready and are willing to comply with the directions as per the proceedings dated 3t'O7'2O2L of the respondent No.2 issued to the 3'd respondent herein directing to engage petitioner as Sub Station Operator' The writ petition is disposed of directing the petitioner to approach the respondent No'3 within a period of one(l) week from the date of receipt of a copy of this order and upon the petitioner submitting the joining report to the respondent No'3, the respondents shall ensure compliance of the proceedings dated 31.O7.2O2L issued by the respondent No'2 to the 3d respondent herein directing to engage the petitioner as Sub Station Operator (referred to and extracted above) 6 within a period of two(2) weeks thereafter. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed. //TRUE COPYII SD/-T. JAYASREE ASSISTANT REGISTRAR .,6PcTION OFFICER 1- The Principal Secretary Department of Energy, State of Telangana' Dr.B.R. Ambedkar Telangana Secretariat, Hyderabad.

2. Chairman and M-naging Director (CMD), Northern Power Distribution Company of 1'elangana Ltd., Nakkalagutta, Warangal Distric! 3. Superint6nding Engineer, Warangal Rural Circle, Warangal District, Telangana.

4. Divisional Engineer Operation, Mulugu, Northern Power Distribution Company of Telangana Ltd., Mulugu District.

5. One CC to M/s. M. Saritha, Advocate [OPUC] 6. Two CCs to GP for Energy, High Court for the State of Telangana, at Hyderabad [OUT]

7. One CC to Zakir Ali Danish, SqOPUCI 8. Two CD Copir:s To, TJ GJP HIGH COURT DATED:0610112025 ORDER WP.No.166 ot 2025 r1::-- T4S{ €.' '{ c ). ? F5 Li !?5 L L' -I -s DISPOSING OF THE WRIT PETITION WITHOUT COSTS \

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