Dharavath Neelima v. consider the

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 consrder the petitioner for appointment in the post of Assistant Engineer (Mechanical) notified in Notification vide T.G O.O. No 521lCGM(Adm., IS&ERP)2015, dated 17'02'2016 in the vacancies in Zone I against women under Physrcal Handicapped category, which are left unfilled pending disposal of the above writ petition. lA NO: 1 OF 2022 Petrtion under Section '1 51 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 not to fill up one post of Assistant Eng ineer(Mechan ical), under PH Category which remained vacant pursuant to subject recruitment notif ication dt 23 109 120 1 5. lA NO: 1 OF 2023 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 not to fill up one post of Assistant Enginee(lt/lechanical), under PH category notified in notification No.02l2015, dt 23.09.2015, pending disposal of the present Writ Petition. lA NO: 2 OF 2023 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 correct the above typographical error from Assistant Engineer (Electrical) to Assistant Engineer (Mechanical) in the main prayer after amendment' in W. P' No.5'172 of 20'16, in the interest of justice. Counsel for the Petitioner: SRI G.V.SHIVAJI Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent No.2: SRI G.VIDYA SAGAR' Sr. COUNSEL' REP FOR SMT K.UDAYA SRI, SC FOR GENCO The Court made the following: ORDER ; n HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 5172 OF 2016 ORDER: Pctitioner claims to be an Engineering graduate i.e. Bacherlor ol Technologlr (Mechanical) and a Scheduled Tribe and suffers from orthopedic disability. It is stated, the 2"d respondent - TS GENCO issued notihcation dated 23.O9.2015, notifying posts of Assistant Engineer in trlectrical, Mechanical, Electronic ar-rd Civil Engineering branches. As per the / notification, 19O vacancies have been notified for general recruitmenL, u,hilc five vacancies are under limited recruitment and the posts have been classified into Zone I and Zone-II prescribing 4Ook for combincd locals and non locals and 60%o for locals only. It is stated, petrtioner applied for the post of Assistant Engincer (Mechanical) under Physically handicapped category for the post rn Zone-I. Though she secured 41 marks in the merit list, she was not ca1led for certihcate verification but the 2"d respondent had called for certificate verihcation of one candidate, who got 32 marks in the merit list. All through, the posts in the erstwhile APStrB and after bifurcation and formation of AP GtrNCO, reservation meant for physically- 2 challenged category is applied up to 3% and further, in vicw of the hazardous nature ofjob ald duties attached to the posts in the Generation Corporation, in the earlier notifltcations, all the posts meant for physically-challenged category up to 3%o have been fi1led with candidates under Orthopedically handicapped category only. It is also stated, in view of the decision of the Inter Departmental Committee for interchange of categories in the earlier recruitment notification issued uide Notilication No. 5, dated 14.72.2011, for thc same post of Assistant trngineer, all the posts are hlled up with orthopedically handicapped category only uide G.O.O.No. 14, dated O9.O4.2O12, however, in the present recruitment, respondents while hlling up lhe posts at the stage of final selection, denied appointment to petitioner, though vacancies are available under Physically handicapped category stating that as per the Rule of Reservation and roster, roster points No. 1O6, 131 against which petitioner is eligible to be considered are meant for visually-handicapped and hearing impaired respectiveiy. As petitioner was not selected and candrdate s with lesser marks were selected and appointed, petitioner filed this Writ Petition initially questioning the action of respondents in selecting candidates with lesser marks in the J 'a) place of petitioner, but, as respondents have statecl in the counter that lesser marks candidates belonging to VH and HH categories were appoitrted, applying G.O.Ms.No. 2l], dated

26.05.2011, therefore, petitioner had taken out I.A.No. 2 of 2O22 seeking amendmt:nt of prayer challenging t he action of respondents in applying the said G.O. to the selecr-ion and appointment to the post of Assistant Engineer (Mechanical) in subject notification. Thc said Application was allou'ed uide order dated O2.08.2O23. In vieu' of the same, application of G.O.Ms.No. 23, clatccl 26.O5.2O11 to the posts urrder PH category notified in thc prcscnl notification is rtnder challenge. According to petitioncr, notification does not specify any'where about application of C'i.O,Ms.No. 23 to thc posts notihed therein.

2. The Chicf General Manager (Adm.lS & IiRP), TS GENCO filed counter stating tl-rat subjcct notillcation provides for 3%o reservation for PH candidates in terms of (i.O.Ms.No. 23, dated 26.05.2O11 issued by the Statc Government revising reservation of posts in favour of persons with disabilities and interchange among three categories of disabled persons in accordance with Persons with Disabilities Act, 1995. As per the said orders, in 3O0 point roster, points earmarked for PH category arc: a..,. 4 PH Cate Blind or lou, vision \voman tm red Heari Locomotor disability or cerebral palsy o en Blindness or low vision Heari Locomotor Disability or cerebral palsy o en Blindness or locovision (open) Hearing impaired (Open) Locomotor Disability or cerebral 1m dired woman n Roster point 6 31 56 106 131 156 206 231 256 In the subject notification, A.E (Mechallical\ Zone-|, 4 posts are notified under PH category as follows: OPEN LOCAL Post One Onc One One Category General Woman General Woman However, at the time of final section in accordance with Roster point, it was found that only one woman vacancy was available against roster point No. 131 for HH category. Therefore, duly following the roster point cycle, selection was made in Lhe following manncr: Roster oilt 106 131 156 206 PH category VH(Open) HH (Woman) OH (Open) VI I (Opcn) According to respondcnts, petitioner would be eligible to be considered only against OH vacancies and not agEl,lrst any other PH categories. The OH-PH category was fllled

4., ) up with meritorious candidate above petitioner. Thus, no irregularity or injustice is caused to petitioner in making selections to the post of Assistant Engineer against PH-OH category. It is also staled, the roster point in previous direct recruitment undertaken in 2011 ended at 39tlt point BC D in Zone-l and 19rh point BC-E(W) in Zone-||, therefore, roster point for the present recruitment started at 9Oe point OC-W and cnded at 3tt, point of the 3.d cycle of the roster point in Zone-l and lor Zonc-ll started '1t 20th point BC A. As pr:r the procedure statcd abovc, vacancies in A.E. (Mechanical) branch in Zonc-l arc availablc ir1 2nd cycle and 3't cycle PH points at 106, i 31 , 156,206. I t is also stated Lhat petitioner belongs f.o Zone-l (Khammam District) and she is orthopedically hanclicapped, thcrcfore, shc comes under Locomotor Disabilit,v. She is eligible to bc considered only aElainst 156 roster point earmarkt:d for OH category. Sincc petilioner secured 41 marks and rank 7371 in over all merit and she belongs Lo Zone I, whereas m(]ritorious OH category candidate secured 61 marks, petitioner r;ould not be accommodated against I 56 roster point. In Zone-\, 1 17 and Zonc-Il, 66 sclected candidates including PH candidzrtes were issued with appointment orders uide TGOO dated 17 .02.2016, subject to result of Writ Petition No.33955 of 20 15 and batch 6 t which is pending. Thercfore, there are no merits in the Writ Petition and selection has been made in accordance with the notification daLed 23.O9 .20 I 5 and Rules governing thc same.

3. Petitioner also filed rcply stating that rcspondents called a candidatc bclonging lo Zone II for certificate verification in Zone-\, though she secured 32 marks against roster point No. 131 and out of three candidates, the candidate at Sl.No. 3 namely M. Sampath was selected against Roster point 206 which is meant for women and by appl1,ing G.o.Ms.No. 23, dated 26.05.201 1 , he has been sclcctcd zrgainst 'vvomcn vacancy which is in sheer violation of illustration contained in para 6 of the said G.O. The said post Roster Point No. 131 has been carried forward, if really the post is earmarked for visually- handicapped catcgory.

4. Heard Sri C).V. Shivaji, Icarned counsel for petitioner as well as Sri G. Vidya Szigar, lcarned Senior Counsel on behalf of Smt. K. Udaya Sri, Icarncd Standing Counsel for respondents.

5. Thc point to be decided in this Wril Petition is whether G.O.Ms.No. 23, dated 26.O5.2O11 applies to the notified posts under notihcation dated 23.O9.2015. o 7

6. From a perusal of the material on record, il is clear that as per thc subject notification, respondenls u,hile filling up the posts at the stage of Iinal selection, have denied appointment to petitioncr, though vacancies u'r:rr: available under Physically handicapped category, by stating that as per the Rule of Reservation and roster, roster Points 106, 131 against which petitioncr claims to be eligible for <:onsideration are meant for visually-handicapped and hcaring impaired respcctivcly. But, the notification does not specrfy anr,u'here about application of G.O.Ms.No. 23 issued by (iovcrnmcnt of Andhra Pradesh. For the first time, in thc counter aifidavit, respondents have been giving earmarking of vacarrcics for visually-handicapped and hearing-handicapped categories. A perusal of thc said G.O. makes it clcar that il contains a rcstrictive clause in para 7 thal when any departmcnt considcrs that it is not possible to provide rescrvation for any of the category of persons with disabitities, keeping in vicw the nature of duties to be performed by the employe es in t ha t particularly department, the department may seek partial or full exemption from such rcscrvation and further such exempt ion shall be decidcd by the Inter Departmental Committec. The said Committee has aiready'decided to givc partial exemption to the application ol reservation in favour of PH catcgories, uide 8 t decision communicated through Memo dated 26.08.2O03 which was communicated by AP GENCO uide Memo dated 05.02.2004. Along with the said memo, a copy of the decisions taken by the lnter Departmental Committee dated - 16.08.2003 is communicated. [n the decision to Secrctary to Government, Energr Department, was requested for exemption for recruiting blind and deaf persons. However, AP GENCO has agreed for hlling up of 370 vacancies with orthopaedically-handicapped. On the contrary, respondenLs in their counter contended that the said Memo dated O5.02.20O4 and decision taken by Inter Dcpartmental Committcc, were not adopted by TS GtrNCO. In this regard, it is relevant to note that under Section 1O1 oi the A.P. Reorganization Act, 2014, unless and until amendment / modihcation is done within two ycars lrom appointed day i.e.

02.06.2014, all provisions of law applicable as on that day shall be applicable to Telangana State. [n fact, TS GENCO in its order dated TGOO No. 2O2, dated 27 .O8.2O15, categorically adoptcd all circulars / decisions taken by AP GENCO as on that day.

7. Further, it is also to be noted that the post of Assistant Engineer is classihed under APSEB Engineering Service as per the approved Service Regulalions and it requires technical qualification of B.Tech/ Bachelor of Engineering in 9 particular discipline. Moreover, the nature of duties and functions of the post of Assistant Engineer are purely technical, hazardous, thcrcforc, the said posts cannot be filled up with hearing impaire d or vision disability, else it u'ould be very dangerous particularly in the generating corporations. In the earlier recruitment also, the posts of Assistant Engineer (Mechanical and trlectrical disciplines) were filled up only with Orthopcdic Handicapped candidates. Even in the prcsent recruitmenL, tl.rcre is no earmarking of vacancies for VH and HH categories, however, respondents ailotted the posts for such catcgorics u,hi<:h is contrary to law. In view of the same, the contention ol respondents that as per roster point 131 earmarked lor llH (women) category, the candidate rcfcrrcd to by pctitioner from Zonc-ll with 32 marks, was sclected cannot be saicl to be legal as the post of Assistant Engineer (Mechanical), as stated supra, is technical one. In the counter, respondents mentioncd three candidates, out of whom, candidate at SI.No. 3 namely M. Sampath u,as selectecl against roster point 206 which is meant for women and by applying G.O.Ms.No. 23, he has been selected against \\romen vacancy which is in shcer violation of illustration contained in ltara 6 of thc said G.O and the said post has to be carried fo ru.ard, if really it has to be earmarked for visually handicapped category. 10

8. For al1 the above reasons, this Court is of thc view e:. that Writ Petition deserves to be allowed.

9. The Writ Petition is accordingly, a11owcd, directing respondents to appoint petitioner or-r the basis of merit marks under PH (OH) category with all consequential benehts on par with the candidates appointed pursuant to subject recruitment notilrcation dated 23.O9.201.5. No costs.

10. Consequently, miscellaneous Applications, if any shall stand closed. That Rule Nisi has made Absolute a-s above witness The Hon'ble SRI SUJOY paif i, i'[" e"ting C.hief Justice on this Wednesday' "'" "ih; il;;iy Sixth oav o?ivlarct', Tw6 Thousand and Twentv Five' sD/-K. SREE RAU4qgBIII DEPUTY REGISTRAR //TRUE COPY' To, 1 The Principal Secretary, Electricity Department Sec of Telangana. SECTION OFFI CER riat, Hyderabad, State

2. The Chairman and lvlanaging Director' Tu-lSlqgjtt ' $;p#il;'[ia , Viovrt soJarr"a' Hvderabad 500 082 3 One CC to SRI G.V SHIVAJI Advocate IOPUCI 4 One CC to SMT K UDAYA SRI' SC FOR GENCO [OPUC] 5. Two CCs to GP FOR ENERGY, High Court for the State of Telangana at State Power General Hyderabad [OUT]

6. Two CD CoPies v BSR HIGH COURT DATED: 2610312025 ORDER WP.No.5172 of 2016 ALLOWING THE WRIT PETITION, WITHOUT COSTS \