High Court · 2025
Case Details
Acts & Sections
Petition under Article 226 of the 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 by declaring that the petitioners are entifled to be selected and appointed as Junior Linemen with benefits incidental and ancillary thereto pursuant to Recruitment Notification dated 0g/06/2006 and Revised Notification daled 2011012006 by taking into consideration the experience certificates issued by the Divisional Engineer, operation, Nalgonda duly setting aside the impugned rejection orders issued by the 2nd Respondent vide Lr. No. cGM (HRDycM(Per)rAS (Per and Ser)/po-A/93- A2t2o21-2 dated 29t1ot2022 and CGM (HRDycM(Per)/AS (per and Ser)/pO-tu93_A2t2o21-s, CGM (HRDycM (Per)/ AS (Per and ser)/Po-A/93-A2t2021-4, cGM (HRDycM(per)iAS (per and Ser)/ Po-tu93-A212021-6 and GGM(HRD)/GM (per./ AS (per and Ser)/po-tu93- A2l2O21-1, as being arbitrary, illegal, erroneous, discriminatory, contrary the material on record and in violation of Articles 14 and 16 of the constitution of lndia. lA NO: 1 OF 2022 Petition under Section i 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 tore-c;onsider the orders issued by the 2nd Respondent vide Lr. No. cGM (HRD)/GM(Per)/AS(per and ser)/po-A tg3-A2t2021-z dated 29-10-2022 and cGM (HRD)/GM(Per)/AS (per and Ser)/po-tug3-A2t2021-3, cGM (HRDyGM (Per)/ AS (Per and Ser)/po-A/93-A2t2o21-4, ccM (HRD/GM(per)/AS (per and ser)/ Po-A/93-A2r2o2i'6 and cGM(HRDyGM (per)/ AS (per and Ser)/po-A/93- 4212021-1 by taking into consideration the experience certificates issued by the Divisional Engineer, Operation, Nalgonda. Counsel for the Petitioners: SRI D.SUDHARSHAN counserforthe Respondents: UEJpIS,}tBtR FoR M/s. K.uDAyA sRl, The Court made the following: ORDER .- HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.42593 OF 2022 ORDER: Heard Sri D.Sudharshan, tearned counsel appearing on behalf of the petitioners and Sri G.Vidya Sagar, learned senior designated counsel representing Ms. K.Udaya Sri, learned counsel appearing on behalf of the respondents on record.
2. The oetitioners aooroached this Court seekiho the oraver as under: "...to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring that the Petitioners are entitled to be selected and appointed as Junior Linemen with benefits incidental and ancillary thereto pursuant to Recruitment Notification dated 08/06/2006 and Revised Notification dated' 20/10/2006 by taking into consideration the experience certificates issued by the Divisional Engineer, Operation, Nalgonda duly setting aside the impugned rejection orders issued by the 2nd Respondent vide Lr. No. CGM (HRD)/GM(Per)/AS (Per & Ser)/PO-A/93- A2|2O2L-2 dated 29/70/2022 and cGM (HRD)/GM(Per)/AS (Per & Ser)/PO-A/93-A2/202L-3, CGM (HRD)/GM (Per)/ AS (Per and Ser)/PO-A/93- A2/202t-4, CGM (HRD)/GM(Per)/AS (Per & Ser)/ PO- ) t I l 2 SN. J A/93-A2/2021-6 and CGM(HRD)/GM (Per)/ AS (per and Ser)/PO-A/93 - A2/2027-1, as bein9. arbitrary, iltegat. erroneous, discriminatory, contrary . the material on record and in violation of Articles 14 and 16 of the Constitution of India and to pass..."
3. It is specific case of the petitioners that the petitioners were initially engaged through contractor, later their services were absorbed against Artisan Grade-II posts in the Respondent No 1 company from the year 2Ol7 to till date and an experience certificate which would indicate their work as semi-skilled worker for the period from 01.05.2005 to 30.12.2006 was issued by the Divisional Engineer, APCDCL, Suryapet. It is further the case of the petitioner that the respondents issued notification dated 08.06.2006 inviting applications for the post of junior lineman, which needs educational qualifications and work experience, on contract basis. Thereafter, the petitioners'candidatures were rejected by the respondents citing the lack of relevant work experience and the same was challenged by the petitioners through W.p.No.8003 of 2O2t in this court. This Hon'ble High court vide orders dated 24.1L.2021 in W.P.No.B003 ot 2O2t directed the petitioners to submit the J SN, J representations along with relevant documents to the respondents. Thereafter the petitioners submitted representations to the respondents; however, the same were rejected by citing that the petitioners were not able to prove their work experience. Hence, the petitioners preferred this writ petition. PERUSED THE REC ORD.
4. Learned Standing counsel appearing on behalf.of the respondents submits that though the petitioners are placing reliance on material documents, i.e., servace certificate filed along with the present Writ petition and also the experience certificate, dated 25.Og.2010, the said certificates had not been forwarded to the respondents herein, the respondents only received the petitioners, individual representations, dated 2$.LZ.ZO21-, addressed to the Chief General Manager(HRD), TSSPDCL, Mint Compound, Hyderabad.
5. Learned Standing counsel appearing on behalf of the respondents further submits that upon the petitioners making fresh representations duty enclosing ail the 1 4 SN, J retevant documents in support of petitioners' case duly putting-forth the grievance of the petitioners as put-forth in the present Writ Petition, the respondents would cohsider the same in accordance to law within a reasonable period.
6. Learned counsel appearing on behalf of the petitioners does not dispute the said submission made by the tearned Standing counsel appearing on behalf of the respondents.
7. Takinq into c nsideration: - a) The aforesaid facts and circumstances of the case, b) The submissions made by the learned counsel appearing on behalf of the petitioners and learned senior designated counsel appearing on behalf of the respondents, c) The order of this Court, dated O4.11.2021 passed in W.P.No.8OO3 ot 2O2L, d) The service certificate and the experience certificate filed by the petitioners as material documents in support 5 SN, J of the affidavit filed by the petitioners in the present Wrat Petition, e) The contents of the petitioners' three individual representations dated 28.12.2O2L addressed to the Chief General Manager (HRD), TSSPDCL, Mind Compound, Hyderabad, f) The fact that admittedly, the respondents only received the representations of the petitioners without supporting documents, Without going into the merits of the rival contentions put-forth by both the learned counsel on record, upon consent of both the learned counsel on record, the present Writ Petition is disposed off, directing the petitioners to make a detailed representation afresh putting-forth the petitioner's grievance as put-forth in the present Writ Petition, duly enclosing all the supporting documents in support of the petitioners' case within a period of two I (02) weeks from the date of receipt of copy of the order and upon the 2nd respondent receiving the same, the 2"d respondent is directed to reconsider the impugned rejection order issued by the 2"d respondent, dated I I 6 SN, J
29.1O.2022, duly taking into consideration the documents enclosed along with the petitioners' representations pertaining to petitioners service and experience certificates and also the pleas put-forth by the petitioners in petitioners' earlier representations dated 2a.L2.2O2L addressed individually to the Chief General Manager(HRD), TSSPDCL, Mint Compound, Hyderabad, duly considering the earlier orders of this Court dated O4.L1.2021 passed in W.P.No.8OO3 of 2O21, in accordahce to law in conformity with principles of natural justice by giving an opportunity of personal hearing to the petitioners within a period of three (O3) weeks thereafter and duly communicate the decisaon to the petitioners. However, there shal! be no order as to costs. Miscellaneous petitions, if any, pending in this Writ To Petition, shall stand cl osed. //TRUE COPYII / sD/-v.K4VtTHA DEPUTY REGISTRAR \ sEcTroN dpprceR Compound, Hyde'abad-500082 'l . The Chairman and Managing Director, Telangana Southern Power - Distribution Company Limited,.C_olporate OJfice, Mint Compound, Hyderabad. 2. The Chief General Manager, (HRD) TSSPDCL, Corporate Office, Mlnt 3. The S^ljperintglqn^S. E1qi!-'ger, Operation, Nalgonda, TSSPDCL, Nalgonda. 4. One CC to SRI D SUDHARSHAN, Advocate IOPUC] 5. One CC ro M/s K UDAYA SRt, SC FoR TSSPDCL topucl 6. Two CD Copies PSK HIGH COURT DATED:2 410312025 ORDER WP.No.42693 of 2022 CC TODAY HE s r4' i{ 1i o e o^ e '-) L \ 1 / At)ir Zil2i ',, i ,,'. i ,.4. DISPOSING OF THE WRIT PETITION WITHOUT COSTS