The High Court · 2025

Judgment

5. The T.S. Genco, Rep. by its Managing Director, Vidyuth Soudha, Khairabad, Hyderabad. The Director (HR), T.S. Genco, Vidyuth Soudha, Khairtabad, Hyderabad. The Chief General Manager, T.S. Genco, Vidyuth Soudha, Khairtabad, Hyderabad. The Dy. Secretary, Adm, T.S.. Genco, Vidyuth Soudha, Khairtabad, Hyderabad.

Sri Nayeeb Dada, S/o Not known to the petitioner H.Y. No. 603333, C/o Chief General Manager, Admn, A.P. Genco, Vidyuth Soudha, Khairtabad, Hyderabad. (As per CO dated 2810112025 vide l.A.No.2 ol 2015 in WP No.12085 of 2012, CT is amended) ...RESPONDENTS 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 order or direction more particularly in the nature of Writ of Mandamus declaring the action of Respondents in provisionally selecting the Respondent No. 5 to the post of Asst. Engineer (PHC Quota) in Zone - V ignoring the Petitioner as illegal, arbitrary, violation of principles of natural justice, against to GOO No. 276lJS(Per)l2OO8, dated 02-09-2008, and violation of Articles 14 and 21 of the Constitution of lndia and consequently direct the Respondents No. 1 to4to appoint the Petitioner to the said post. I.A. NO: 'l OF 2012(WPMP. NO: 13000 OF 2012) 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 No. 1 to 4 not to fill up the post of Asst. Engineer (PHC Quota) in Zone-V. l.A. NO: 1 OF 2013(VVVMP. NO: 3643 OF 2013 Between:

1. The A.P.Power Generation Corporation Ltd. by its Managing Director, Vidyuth Soudha, Khairabad, Hyderabad.

2. The Director, APGENCO (HR), Vidyuth Soudha, Khairtabad, Hyderabad. 3. The Chief General Manager, APGENCO, Vidyuth Soudha, Khairtabad, Hyderabad.

4. The Dy. Secretary (Adm), APGENCO, Vidyuth Soudha, Khairtabad, Hyderabad. ..,PETITIONEFYRESPONDENT 1 TO4 AND 1 Kumanduri LN Charyulu, S/o KSR Varada Charyulu Sub Engineer in AP Genco Rl/o D.No. 5-44, Near Sisumandir, Bollerugudem, Palvancha, Khammam District. ...RESPONDENT/PETITIONER 2. Sri Nayeeb Dada, S/o Not known to the petitioner H.Y. No. 603333, C/o Chief General lt/anager, Admn, A.P. Genco, Vidyuth Soudha, Khairtabad, Hyderabad. ...RESPONDENT/PETITIONER 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 vacate the interim order passed in WPMP.No 1300012012 in W.P.NO. 1028512012 dt. 16.4.2012. Counsel for the Petitioner : SRI P.S.P.SURESH KUMAR Counsel for the Respondent No.1 : SRI C.RAGHU, (SC FOR GENCO) Counsel for the Respondent No.5 : -- The Court made the following: ORDER THE HON'BLE SMT. JUSTICE P. SREE SUDHA WRIT PETITIoN No.10285 OF 2012 ORDER: This writ petition has been hled to declare the action of respondents in provisionallt' selecting the Respondent No.5 to the post of Asst. Engineer (PFIC Quota) in Zone-Y ignoring the petitioner AS illegal, against to G.O.O.No.276lJS(Perll2OOS dated O2.9.2008, and consequently direct the respondents No. 1 to 4 to appoint the petitioner to thc said post.

2. I-Ieard both sides. Pcruserl the record.

3. Learned counsel for the petitioner submits that the petitioner complete his B.tech (Civil) and was appointed in respondent No. I / Corporation as Sub-Engineer on 19.1 1.2011 and he is physically handicapped candidate and got the post of Sub-Engineer under ph1'sicalty handicapped quota. Respondent No.1/Corporation issued recruitment notilication during 2O11 for the purpose of filling Assistant Engineers and he is qualified lbr the said post ancl he belongs to Zone-V. Only one post was earmarked for physically handicapped quota in Zone Y. I{e applied for the said post and attended for written examination and l-re secured 42 marks q,ith a rank of 506, but the respondent No. 1/ Corporation selected respondent No.5 who belongs to Zone-IIl, as he secured 62 marks even though l respondent No.S is not eligible to be considered in Zone-Y. Therelore, petitioner filed the present writ pctition.

4. in a counter filed by respondent Nos. I to 4, thev stated that Zone-V, vide Notification No.5/CGM(Adm.)/2011, dated L4.12.2O11, 19 vacancies were notilied. Out of which first 8 vacancies i.e., 4O''/o in the communal roaster drawn, u,ere earmarked to Non-local among which reserved vacancy for PH category occurred and was filpd by open competition whether the local and non-local candidates will compete. The candidate belonging to Zone-lll with 62 marks got selected under the said quota. In G.O.O.No.276/JS(Per)/20O8, derted O2.O9.2OOB, it was held that from the combined merit list, the open vacancies should be filled up first. Thereafter, the vacancies reserved for Iocal candidates should be frlled up by local candidates alone in the order of their merit. Therefore, requested the Court to dismiss the petition.

5. In a reply afficlavit hled by petitioner, he stated that respondents admitted that 600/o posts of Assistant Engineer should be filed up by local candidates only and lhe petitioner is local candidate whereas respondent No.5 is non-local candidate and respondent No.5 belongs to Zone-Ill and he is not entitled for consideration for appointment as Assistant Engineer. Moreover, respondent No.S did not join the service and ,] / ,-' 3 presently he is working as permanent lecturer in the Government Polytechnic College, Nellore' Andhra Pradesh' Petitioner joined as Sub-Engineer on 19. 1 1.201 I on appointment by transfer and he is discharging the duties of Assistant Engineer (Civil) from 11.O5.2O17 and he is entitled for consideration for the post of Assistant Engineer (Civil) notionally from 2OL2. The post of physically handicapped quota is only created to accommodate the local physically handicapped candidates, in respect of orthopedic handicapped, the petitioner is having restricted movement in his right ieg. Petitioner further submits that he will not claim any monetary benefits except notional seniority for future promotions. Thus, there will not be any monetary loss to the Company.

6. i,earned couniet foi respondents stated that the he is \ already appointed as Assistant Engineer and if at all there is grievance in seniority, it is for the petitioner to make representation to the Concerned Department, as there was only one post rule of reserved will not applicable, but in the notihcation it as specifically mentioned that 60% of the posts sha1l be reserved for local candidates. 7 . The main grievance of the petitioner for approaching this Court is that he belongs to Zone-Y instead of considering him for the post of Assistant Engineer (Civil), the candidate belongs I I l^_J.r--- \ -1 to Zone-IIl was considered and thus he was deprived of promotion lorm the date of the said notification which was issued in the year 2O12 \

8. As there is violation in the appointment by the Corporation, this Court finds that it is just and reasonable to consider the request of the petitioner. Respondent Nos. I to 4 are directed to consider the notional seniority of the petitioner from March, 2012 onwards without any monetary benefits and to appoint the petitioner to the said post. His seniority shall be considered for getting future promotions. 9 With the above direction, this writ petition is allowed. Ncr order as to costs Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY// SD/.A.V.S.PRASAD ASSISTANT REGISTRAR (\/ I ECTION OFFICER \ To, 1 2 J 4 5 6 7 The Managing Director, T.S. Genco, Vidyuth Soudha, Khairabad, Hyderabad' The Director (HR), T.S. Genco, Vidyuth Soudha, Khairtabad, Hyderabad' The Chief General Manager, T.S. Genco' Vidyuth Soudha, Khairtabad' Hyderabad. The Dy. Secretary, Adm, T.S.. Genco, Vidyuth Soudha, Khairtabad' Hyderabad. One CC to SRI P.S.P.SURESH KUMAR, Advocate. IOPUC] One CC to SRI C.RAGHU, (SC FOR GENCO). [OPUC] Two CD Copies. BSK GJP 0 HIGH COURT DATED:2810112025 a9 o ORDER WP.No.10285 ot 2012 oF IE .9 ''c \ + c la, I :t ll \s \s l4cix + ALLOWING THE WRIT PETITION WITHOUT COSTS W