HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.22583 of 2009
Date: September 23, 2014
Between:
1. M/s. New Adarsha Youth Association, Kodad, Nalgonda District, rep. by its President K. Nagaraju & 4 others.
… Petitioners And
1. Transmission Corporation of AP Ltd., Hyderabad, rep. by its Chairman &, Managing Director & 2 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.22583 of 2009
O R D E R:
Heard learned counsel for the petitioners and learned standing counsel for the respondents.
2. This writ petition was filed challenging the inaction on the part of the respondents in not extending the benefits of B.P.Ms.No.119 dated 01.02.1979 read with Memo No.GM(IR)/DS(IR)/AS(IR)/A1-1437/2003 dated 12.09.2003 and Circular Memo No.CGM(IR&Legal)/AS(PC)/PO-G/G1/250/2004 dated 22.11.2004 to the contractors belonging to the SC Community.
3. Learned counsel for the petitioners draw the attention of this Court to B.P.Ms.No.119 dated 01.02.1979 issued by the erstwhile Andhra Pradesh State Electricity Board (APSEB). He also draw the attention of this Court to the Memo dated 12.09.2003 wherein all the functional heads were requested to follow the orders contained in B.P.Ms.No.119 dated 01.02.1979. In the Circular Memo No.CGM(IR&Legal)/AS(PC)/PO-G/G1/250/2004 dated 22.11.2004 issued by the Chief General Manager (IR & Legal) on behalf of the Central Power Distribution Company of A.P. Ltd (APCPDCL) it was stated that in the meeting with the Hon’ble Member, National Commission for Scheduled Castes, New Delhi, held on 09.11.2004 it was decided to allot 15% works on contract basis to the contractor belonging to the SC category and 6% to ST category contractors and all the concerned officers and Superintending Engineers were directed to follow the instructions.
4. The learned standing counsel for the respondents submits that since the B.P.Ms.No.119 dated 01.02.1979 was issued by the erstwhile APSEB, the distribution companies attached to the said B.P.Ms.No.119 have to follow the same.
5. Recording the said submission of the learned standing counsel and in view of the subsequent memos and circular memos issued by the Transmission Corporation of A.P. Limited and APCPDCL, it is clear that the B.P.Ms.No.119 dated 01.02.1979 is in vogue till 2003 at least.
6. In the circumstances, the writ petition is allowed directing the respondents to follow B.P.Ms.No.119 dated 01.02.1979 if it is adopted by them and is in operation. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: September 23, 2014 BSB 9 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.22583 of 2009
Date: September 23, 2014
BSB