1. K. Yakub Naik v. Southem Power Distribution Company of Telangana Ltd

Petition under Article 226 ol the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be I pleased to issue irn appropriate Writ, Order or Direction more p'artir;ularly one in the nature of Writ of l,4zrndamus declaring the action of the R,:spc,ndent in not considering and aplroi rting the petitioners as Junior Lineman orr p ar with the candidates who ;rrer apoointed as Junior Lineman in the year 2 0l7 with all consequential benefits ,rr pay, regularisation of service and further prr',nrotions and rejecting their cases vi,je Lr. No. CGM ( HRD/ AS ( Per and S,er)/ PO-AI 1-A2l 2022-2, Lr. No. CGI/ ( llRDy AS ( Per and Se|/ PO-N 1-A2/ 2Ct2)--14, Lr. No. CGM ( HRD/AS ( t)er and Ser)/ PO-AI 1-A2l 2022-10 and Lr. f\lo (;C;V, **O/ AS ( Per and Ser)' PO-\i 1-A2l 2022-3 as illegal and arbitrary conser;uently direct the respondents to con:;irJer and appoint the petitioners as Juniol Linr:rnan on par with the candidates rvhr are appointed as Junior Lineman in the y,ear 2t)07 with all consequential benefits of pay, regularisation and further promotions lA NO: 1 OF 2024 Petition under Se ction 1 51 CPC praying that in the circum:;tan ;e 's stated in the affidavit filed ir s.rpf ,ort of the petition, the High Court malr be plea sr:d to direct the respondents to consicer and appoint the petitioners as Junior :_ine.nan Counsel for the Petitiorrerrs: SRl. M V RAMA RAO Counsel for the Resporrclents No.1 to 3: SRI G.VIDYA SAGAR, SENIOR DESIGNATED COUNSEL REPRESENTIiICi SMT. K. UDAYA SRI, S.C. FOR TSSPDCI. Counsel for the Responclent No.4: GP FOR ENERGY The Court made the fol owing: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO.215L4 OF 2024 ORD ER: . 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 Detitioners a DDroached the Court seekin OD raver 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 2OO7 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-A2/2O22- 14, Lt: No. CGM (HRD)/AS (Per & Ser)/ PO-A/l- A2/2O22-IO and Lr. No. CGM (HRD)/ AS (Per & Ser)/PO-A/1- A2/2O22-3 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 iear 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." '' I 2 SN,J ',p 21614 2024 3, The cas;r: of the petitioners, in brief, is tl- at ':lrey were working as ,:ontract lunior Linemen since 2001 witlr th,l requisite qualifications. tn the year 2006, DISCOMs issued notifir:trtions for re.gular Jl.M pcsts, giving preference to contract wo'kers. The petitioner:; applied, passed the pole climbing test, lnd submitted their experic)nce certificates. However, their names vvere lsft out of the'select on ijl: due to the concerned Divisional Er-ginr,rerrs failing to submit proc,f of their work. Despite repeated re pre i€lntatio ns, the authorities rejected thelr cases, citing missing rer ords even though a ./i!til,rn:e report confirmed that the lapse was (,r the part of the Div siorr;rl Engineers. Aggrieved by the same, the letitioners filed the present writ petition. PERUSED THEi RECOR D:

4. The_petitioners aDDroached is Court hv filinq W.P.No.32O9 'ot 2022 and the same is disoos,ed of on 02.o2.2022 and the relevant o rtion of the said _order is extracted hereunder: "7. Having regard to the submissions rrrarlt: as above, s;in ce the petitioners in the present writ ,l€'tition are sirnil;rrly placed and for the reasons alike as stated by ttris; C:rrrt in W.P. No. 11825 of 2021, the impugned 3 SN,J wp 21614 2024 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 202L 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. B. Subject to above direction, the Writ Petition is allowed. No order as to costs."

5. The resoondent No.2 - Chief General Manaqer (HRD) TSSPDCL, Coroorate Office, Mint Comoound, Hvderabad addressed letters vide Lr. No. CGM (HRD)/GM(Per)/AS (Per & Ser)/ PO-AIL-A2/2O22-2, Lr. No. CGM ( HRD)/GM(Per)/ AS (Per & Ser)/PO-A/l-A212O22-L4, Lr. No. CGM (HRD)/GM(Per)/AS (Per & S r) I PO-AI l-A2l 2O22-LO and Lr. No. CGM (HRD) GM(Per)/AS (Per & Ser)/PO-A/l- \- \-'.r '\ l 4 SN,J \r/p _21614 2024 A2l2022-3,__ Cated 18.O1.2O23 to the petitione rs; herein ob rvl n as u n der: ''Orrt of 2L4 vacancies notified in llalgrtrrda Circle, a'; on date 490 posts were already fillerd in pursue nc3 to the notification and various orders o' the Hon'bl,: lligh Court. On verification of records, it is found th;rt, at the time of submitting applicatic,ni; for the l)ost l1'contract JLM, it was not substantiated r,r,ith record proof that they are eligible for selectic,n u n ler the ca1:egory of contract labour for the post of CJLlvl as per notif i,:aition. l\ltlrcrugh you have passed the pole climbing test conduc:te(l during the period from 02.06..100,'' to 06.06.20(),2, the selection committee did not :on:,;irler your c,rn(lirlature, since you failed to substantiate with recor-d pr oof that you are eligible to be corrsidered under th3 contract labour category. The s;eler.:t on comrni:tel further found that you. are not within the zone of ccrsideration in the other category i.r:., frersh candidate. Therefore the selection committee did rrot inclu le yc'L r name in the list of selected candid;ates. The :hen selection committee from am lng the cand dates who are successful in the pole climb,ing tr:st approv,3d and finalized, the list of 539 eligible (:ontract 5 SN,J wp 21614 2024 labour who produced the record proof for selection under contract Iabour category. The selection committee did not select any outsider for the posts notified in operation circle, Nalgonda as the candidates eligible under contract labour category are 539, whereas the post notified are 214 only. Although you have enclosed the copies of record proof along with their representation dated 31-08- 2019, same could not be verified with the original records, since the same are not available at this length of time. In the circumstances mentioned above, it stood established that they are not found eligible to be appointed as Contract JLM, hence consideration of their case with reference to clause 6 (iv) (c) of revised notification dated 20.10.2006 does.not arise.

3. You have challenged the Speaking Orders dated 18.02.2020 through W.P.No.3209 of 2022 and the Hon'ble High Court disposed of the same by Order Dated 02.02.2022 setting aside the Speaking Orders dated.18.02.2020 permitting the petitioner to file fresh representations seeking appointment as JLM and upon such representations being received directing the respondents to consider the representations of the 6 _ -- ,t \\ .i SN,J wE _')-1614_2024 - ! petitionen; and to pass orders in accordance witf law. subTitted representation Dated Nil Dursuant to approprirt.e to the said Orders you have Nil rercr:ived on 11 .Cr;l 2022 requesting to consider thr: E>:per ence Ced:ificale (which was countersigned by the DE and con:;icer the correspondence letters of SE/,lF'71,, nondu and also consider the re'rised select on and consequently to appoint you as J.r rior Linema n

4. A Committee was constitutecl vide Memo.No.CGM(HRD)/GM(Per) /AS(Per&Ser)7 PO- Al2,L4-l\11./2OO9, Dt. L7.O1.2022 in pursuan<:e to the Common Orders dated 09.L2.2O21 in W.P.No.11825 ot 2O2L and batch to examincr the represe,rtations of the petitioners in said W'.P. The Cornmittee having considered the material on record ca me to the conclusion that lthe findings arrived at by the previous commitltee which l:d to the issuance of Speaking Orders dated ltl-O2-2O2O do not call for any interferr-'nce since the same hold good; that it concur with the decision of the JLM selection committee of 2}ll7, and ther decision of the previous Committee which garre rise to the Speaking Orders dated tL8- O2-2O2O. Further it was held by the committee that, sinr:e the petitioners did not fulfill the criteria./ conditions stipulated for selection as 1 SN,J wp_21614]024 Contract Junior Lineman and hence the petitioners are found not eligible to be appointed as CJLM in terms of the Notification.

5. Accordingly, Speaking Orders dated 21.03.2()22 were issued holding that, since the petitioners did not fulfill the criteria/conditions stipulated for selection as Contract JLM, they are found not eligible to be appointed as Contract JLM in terms of the Notification. Since your case also stand on the same footing as that of the petitioners in W.P.No.11825 of 2O21 whose case was considered by a Committee constituted pursuant to Orders dated O9.L2.2O2! in w.P.No.11825 of 2021, your case does not require further consideration by constituting another Committee.

6. For the reasons stated above. vour reoresentation dated Nil received on LL-O2-2O22 reouestino for aoDointment to the oost of -Iunior Laneman aoainst th Notifications dated 08.06.2006 and 20.1O.2006 is herebv reiected.

7. These orders are passed in compliance to the Orders dated O2.02.2O22 of the Hon'ble High Court in W.P.No.32O9 of 2022." 'l 8 SN,J wp.21614_2024

6. Thi:; Court on perusat of record opines; that the impugned rejection orders dated 18.O1.2O23 issued to the petit,ioners herein by the 2nd resporrdent, in pursuan(:€r to the earlier orders of this Cotrrt, dated O2.O2.2O22 passed in W.p.No.32Og of 2o2lt did not consider the said orders of this Court in true spirit and mechanir:ally passed the impugned orders, dated 18.O1.,2O23 in a routine manner without application of mind re;'ecting the request of the petitic,ners for appointment to the post of Junior Lineman

7. IhC,Iearned Senior Desi appearinq en-be]la.ll of th resDon ents fair v submits thart in vtew AflhejfAlt_as borne on record t .202 ;1 orders, de!ed-l-E-, e earlier orders o f_ this Court dated o2.o 2.2022 Ditsse 9of 2 W.P.No e had oassed nrechanicallv and naro utine manner. matt_eresul I No.2.

8. l-earn,ed counset appearing on behalf of the petitioner does not dispute the said submissiorr made 9 SN,J w 21614 2024 by the learned Senior Designated Counsel appearing on behalf of the respondents. 9 Takino into consideration: a) The aforesaid facts and circumstances of the case, b) The submissions made by the learned counsel appearing on behalf of the petitioners and the learned Senior Designated Counsel appearing on behalf of the respondents and, c) The earlier orders of this Court passed in favour of the petitioners, dated O2-O2.2022 passed in W.P.No.32O9 of 2022 (referred to and extracted above) d) The contents of the rejection orders issued by respondent No.2 dated 18.01.2023 to the petitioners upholding the findings of the previous committee mechanically ignoring the orders of this Court, dated O2.O2.2O22 passed in W.P.No.32O9 ot 2022. The writ petition is allowed and the subject issue remitted back to the respondent No.2 for 1 \i l0 SN,J \\a 21614 2024 consid(:ration of the request of the petitic,ners for appointrnent to the post of contract Junior Lineman afresh again in true compliance of the direrctions of this Cor.rrrt dated 02.02.2O22 passed in W.p..No.32O9 of 2O22(rr:l'erred to and extracted abovr:) without referen ce to the impugned rejection or<le rr s, dated 18.01.2023 issued to the petitioners herein tn accordance to law in conformity with prilrc;iptes of natural justice by providing an opporl:unity of personai hearing to the petitioners Ernd pass appropriate reasoned orders within a period of four (4) weeks from the date of receipt of a copy of this order and duly communicate the decisiorr to the petitionr:r's pertaining to the request of the p(ftitioners for appcrintment as Junior Lineman on par w,ith the canclidates who are appointed as Junior Lineman in the year 2OO7 with all consequential benefits. However, there shall be no order as to costs. 1l SN,J wp 21614 2024 As a sequel, the miscellaneous petitions, if any. pending in the Writ Petition shall also stand closed. //TRUE COPYII sd/- S . PONNA KRISHNA ANT REG SECTION OFFICER To, 'l . The Chairman and Managing Director Southem P of Telangana Ltd, Mint Compound, Hyderabad. r Distribution Company

2. The Chief General Manager (HRD), Southem Power Distribution Company of Telangana Ltd., Mint Compound, Hyderabad \

3. The Superintending Engineer, Southern Power Distribution Company of Telangana Ltd., Nalgonda.

4. The Principal Secretary, Energy Department, Secretariat, Hyderabad 5. One CC to SRI M. V. RAMA RAO, Advocate [OPUC] 6. One CC to Smt. K. UDAYA SRl, S.C. foTTSSPDCL [OPUC] 7. Two CCs to GP for Energy, High Court for the State of Telangana at Hyderabad. [OUT] B. Two CD Copies KKS MP HIGH COURI- DATED:21rcq2025 ORDER WP.No.21614 af 2024 ALLOWING THE WRIT PETITION WITHOUT COS|TS (l 1e 4? 1HE S14 3 iI.rxn'i, (! t'.", t. ra\.i.:\'\ Sl-,,r,TaHi:O *