HON’BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION NO. 12686 OF 2014 Between:
K.Anjaiah …Petitioner And A.P.Power Generation (APGENCO) rep. by its Chairman & M.D., Hyderabad and another …Respondents HON’BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION NO. 12686 OF 2014 ORDER:
This writ petition is filed seeking issuance of writ of mandamus declaring the action of the 2nd respondent in rejecting petitioner’s claim for appointment as Junior Plant Attendant vide Lr.No.CGM(HR)/DS/O&M) DGM(hr)/po.p/22266/2014, dated 18.03.2014 as illegal, arbitrary and in violation of Articles of 14, 16, and 21 of the Constitution and to further direct the respondents to consider him for the post of Junior Attendant in SC category in Nizamabad District.
I have heard the learned counsel appearing for the petitioner.
Earlier this Court directed the respondents to consider the case of the petitioner for the post of Junior Plant Attendant in the vacancy said to have been caused due to disqualification of the provisionally selected candidate in S.C. category against roaster point No.72 of Pochampadu Mini Hydro Station, Nizamabad. Thereafter, the second respondent passed an order dated 18.03.2014 stating in para 7 that ‘APGENCO is following the orders issued in the B.P.(P&G-Per)Ms.No.100 dated 28.07.1997 that the list of the candidates approved/selected shall be equal to the number of candidates only including those for reserved community/categories notified. The fall out vacancies, if any, due to relinquishment and non-joining etc. of the selected candidates shall be notified in the next recruitment and rejected the claim made by the petitioner.
Since the candidate who stood first in the merit list was disqualified, the order relied on by the 2nd respondent has no application as the vacancy did not arise on account of any relinquishment or non- joining of the selected candidate.
The order is therefore, set aside and the respondents are directed to reconsider the case of the petitioner for appointment as Junior Plant Assistant within a period of four weeks from the date of receipt of a copy of this order, if the petitioner is eligible for the aforesaid appointment.
The writ petition is disposed of accordingly. There shall be no order as to costs. Miscellaneous petitions, if any, filed in this writ petition shall stand closed.
R.KANTHA RAO, J Date:01.07.2014 Note:
Furnish C.C. within three days.
B/O Ccm THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO. 12686 OF 2014 Date:01-07-2014