IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY THIS THE FOURTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN PRESENT
THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION Nos.21491, 21718 & 21784 of 2014
WRIT PETITION No.21491 of 2014 Between:
Badana Venkata Krishna Rao and 18 others . PETITIONERS And The State of A.P. rep.by its Principal Secretary, Energy Department, Secretariat, Hyderabad and 4 others . RESPONDENTS WRIT PETITION No.21718 of 2014 Between:
Mudili Lokesh . PETITIONER And Eastern Power Distribution Company of A.P.Limited Rep.by its Chairman & Managing Director, Corporate Office, Seethammadhara, Visakhapatnam and 2 others . RESPONDENTS WRIT PETITION No.21784 of 2014 Between:
Gudiguntla Krishna . PETITIONER And The State of Andhra Pradesh, Rep.by its Principal Secretary, Department of Energy, Secretariat, Hyderabad and 3 others . RESPONDENTS The Court made the following:
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION Nos.21491, 21718 & 21784 of 2014
COMMON ORDER:
The petitioners in W.P.No.21491/2014 questioned selection procedure being adopted by the respondents for selection to the post of Junior Lineman in Srikakulam District pursuant to the Notification dated 28.02.2014.
The petitioners in W.P.Nos.21718 & 21784 of 2014 seek a direction to the respondents to consider their candidature for the post of lineman pursuant to the Notification dated 28.02.2014.
Heard Sri Mavidi Rama Rao, the learned counsel appearing for the petitioners and Sri P.Anand Seshu, the learned Standing Counsel as well as the learned Advocate General appearing for the respondents.
It is submitted that the present notification dated 28.02.2014 is issued in continuation of the earlier notification dated 22.12.2011. Earlier, some of the petitioners in W.P.No.21491/2014 and others questioned the selection procedure by filing W.P.No.3753/2012 and batch and the same were disposed of on 09.12.2013 with certain directions to the respondents. Aggrieved by the same, the respondents filed W.A.No.110/2014 and batch and the same were also disposed of by a Division Bench of this Hon’ble Court vide common judgment dated 03.06.2014 with certain directions to the respondents. While the writ appeals are pending, the Notification in question was issued by the respondents on 28.02.2014. In the said notification, it is stated that the candidates who have already applied to the earlier notification dated 22.12.2011 need not apply again and call letters will be sent to them.
The grievance of the petitioners is that contrary to the selection procedure, as mentioned in para-III of the Notification dated 28.02.2014, the respondents prepared merit list basing on the marks secured by the candidates in the required qualification and issued call letters to the candidates to appear for screening tests schedule to be conducted from 30.07.2014 to 02.08.2014. The petitioners have not received any call letters so far though they are eligible.
The learned counsel appearing for the petitioners submitted that as the respondents issued the impugned Notification during pendency of the writ appeals and also they have not been following due procedure, the notification has to be set aside.
The learned Advocate General appearing on behalf of respondents submitted that number of applications have been received and the entire process is almost completed and it would cause great inconvenience and hardship if the Notification is set aside. The learned Advocate General further submitted and ensures that the petitioners in these three writ petitions will be allowed to appear for screening tests and other relevant tests and to participate in the selection process, and accordingly requested the Court to dispose of these three writ petitions with an observation that this order should not be treated as a precedent to any candidate other than the petitioners in these three writ petitions.
Having regard to the submissions made by the learned Advocate General, these Writ Petitions are disposed of, directing the respondents to allow the petitioners in these three writ petitions for appearing screening tests, other relevant tests and to participate in the selection process, and consider their candidature for the post of Junior Lineman, in accordance with law and due process as contemplated under the impugned notification. It is made clear that this order shall not be treated as precedent to any candidate other than the petitioners in these three writ petitions.
Pending miscellaneous petitions, if any, shall stand closed in consequence.
R.KANTHA RAO,J
Date: 04.08.2014 Dsr Note:
Furnish copy by tomorrow B/o Dsr