Supreme Court · 2025

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 Keep 12 posts vacant to accommodate the Petitioners herein in the post of "Assistant Engineer" (Electrical; Mechanical; Electronics and Civil). Counsel for the Petitioners: SRI A.RAGHURAM Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent No.2: SRI SRINIVASA SRIKANTH The Court made the following: ORDER THE HOII'BLE SRI JUSTICE NAMAVARAPU RAJES IIWAR RAO WRIT PETITION No.13599 of 2 025 ORDER: The ore sent writ petition is filed challenging the I ction of the respond( n ls i r not considering their candidatur,; for ap1 ,ointment to the post ol ".\ssistant Engineer" (Electrical, Mec;-ranical, Electronics, ()i , i1 recruitment unde : Notihcation No.O1/CG \,411 rlm\ 12023, dated 04.1O.2023 in th: ex stir:g vacancies, despite tht'ir r:rigibility and quali{ication.

2. He a: d \lr, A.Raghuram, learned counsel appea'ing for the petitioners .e zrrned Government Pleader for Ek:ctri:itv Department appearing for respondent No.1 and Mr.Srinivasa S-ika rth, learned counsel rrprpe rrring for respondent No.2 and penrsec the entire material a',a l: ble on record.

3. Learncrl counsel for the petitioners subrrlits that respondent No.2 issrrcrl I\l,rtification No.O 1/CGM(Adml /2022;, cla tecl 04.1O.2023, inviting 16 pli,: rtions for the post of "Assistant E)ngi;reer ' (Electrical, Mechani:e [, I]lectronics, and Civil). The numtrer rf tentative vacancies ir <l o,rted in the said notification isr 399. I t is further submitte d tl'r:t pursuant to the said notilication, tht petitioners appliecl lcr tlr: said posts, appeared for the written exarr ination held on 14.07 . .2(.t'.1+ and successfully cleared it. Co;-rsec uently, the 2 wP_13599 2025 RRN, J petitioners are duly qualified and eligible for the post of Assistant Engineer.

4. Learned counsel lor the petitioners further submits respondent No.2 issued Letter No. Dir(HR) / CGM(Adm) / DS(Adm) /AS(Adm) / po -C / 36 I 2023 -2, dated

05.01.2025, stating that out of 399 posts, appointment orders were issued only to 3 15 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 unhlled vacancies but were informed that the vacalcies would be carried forward to the next notihcation.

5. Learned counsel for the petitioners further submits that the petitioners had previously submitted severai representations dated

12.O9.2024, 16. 10.2024, 07. 1 1.2024, 25. I 1.2024, 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 3I.Ol.2O2S and, 06.02.2025 to respondent No.2, but the same have not been l I l 3 \\rl 13599 2025 RRN, J consider€d ti.l 1ate. Aggrieved by the action of respon<le rt No.2, the petitionels at'; cin filed the present writ petrtion.

6. Leu lr:e,-l counsel for the petitioners plac:d rela rce on the order par;s::d try this Court in W.P. No.42734 of 2t)17 and batch, wherein -his tlourt directed the respondent authorilies to consider the candidati:re of the petitioners therein for itppoinl,r rent to the post of Ls ri-. tant Engineers (Electrical) in the unfiLle<-l 42 notified posts base1 lr their merit and roster points ard pass eppropriate orders u'ith tn r period of six weeks from the date of r,rceil ,t of copy of this orde:. ir vieu, of the aforesaid decision, the petiticners herein are similrrrly lrtuated, and therefore, prays that thir; Oc urt may be pleased tc i i re ct the respondent authoritie:; tc r:r nsider the candidatrrr: rr. the petitioners herein for appointmer t ,,o the post of "Assistant OrL11 neers (Electrical, Mechanical, E1e ctrorrics and Civil)" without tre:r1 lr1 the existing vacancies as fallout rac€ n( i( s.

7. Leer-rerl :ounsel for the petitioners also plzLcerl leli rnce on the decision rf tlrr; Hon'ble Supreme Court in Munja Praueen a. Sto.te of Telanguntj, contending that the principles laid d:u,n therein are squarely applicable to the present case. Obseruation o'the above case in Pirr L I'l:.8 is as follows: ' izotz; t+ scc lr: I I 4 wP_13599_202s RRN, J "....According to these rules, in a recruitment gear, against number of notifi.ed uacancies, selection shall be made onlg to the equol number of posts notifted and tlrcre shall be no waiting list. In otLer utords, in d recruitment gear, after selection of the candidates and after issue of appointment orders, if the candidate fails to join dutg tuithin the stipulated peiod that uacancA shall be notifted again in the next recruitment year, this alienates tLe sAstem of prepaing uaiting list for fall out tLte uacancies. -."

8. Per contra, the learned counsel for respondent No.2 brought to the notice of this Court the contents of paragraph No.12 of the afhdavit, wherein it is submitted that Para V, Clauses 1 and 2 of the Notilrcation dated 04. IO.2O23 pertain to the details regarding vacancies. The said clauses are extracted below: " l.Vacqncies:TlLe Recruitment uill be made to the uacancles notified, uLhich are subject to uaiation, ba,sed on uork eigencies and necessitg; and shall be filled-up dulg follouing tems of Seruice Rules/ Regulations, in uogue. There sltall be no'"Waiting List" as per G.O.Ms.No.81, General Admini.stration (Sr'r.A) Department, dated 22.02.1997, as adopted. bg the TSGENCO, "Rule of Resentation", in uide B. P(P&G-Per) Ms. No. 1 OO, dated 2 3. O 7. 1 99 7. 2.The unfilled and non-joining uacancies uill be canied fonuard to the nert recruitment." 5 \\, ,_l 3599_2025 RRN, J g. Havir-rg :onsidered the submissions made trt' he learned counsel b. :ro h the parties, respondent No.2 is dir::cte I to dispose of the rt:: r e r : ntations made by the petitioners da rcd 1,2.09 '2024 , 76.10.2C24, O',7.I1.2024, 25.|1.2024, 23.12.20"t4, l] L0 .2025, and O6.O2.2C2 ', arLd pass appropriate orders in a:cordan:e with law within a p ricrl of eight (08) weeks from the datt of -ece pt of a copy of this ,rr1er Further, respondent No.2 is direct':cl l ot to carry forward arLy l)')sts to the fresh notification unti thc dis posal of the i'epresenta ,ion s submitted by the petitioners.

10. Witf thr above direction, the writ petitiort is disp rsed of. No order as t( c ls ts. As a sc,1uel, miscellaneous applications pendrng, i any, in this Writ Pedti ,n. s,hall stand closed. SD/. P. CH.NAG/TTBHUSHAMBA \ DEPUlY REGISTRAR //TRUE COPY// To, 1 The Princi,.)a l;ecretary, Department of Electricity' '' Telangatta St rie of Telangana' SEC TION OFFICER Sec retat lat, Hyderabad, 3 2 The Chzrirnzn and Managing Director'.Tel.anqal? ' cHdJ;:i;,'i. ;ii;' V''diiSSudha' Hvderabad' rert One CC tc SFll A.RAGHURAM' Advocate [OPUC] One CC tc SFll SRINIVASA SRIKANTH' Advocate [OPU(]] Two CC.s to liP FOR ENERGY' High Court for tl're State lf Telangana at HYderah,arl ['3 tlT] Stat3 P( wer Generation rngana - 100 082. 4 5

6. Two CD C oP'i:s (h- BSR I I ; I I HIGH COIJR'T DATED:01 l0!i12025 URGENf, ORDER wP.No.135919 0f 2025 4i 'ciI r-- '!\ I..( I i:l) I jii 20[ i.*iLi' ..1 "7 i" '' .-'...- DISPOSING (]F THE WRIT PETITION, WITHOUT rCrllSTS L( -r---'-&l't ''