IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY THIS THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.9392 of 2014 Between: K.V.Krishna Rao . PETITIONER And The A.P.Power Generation Corporatin Limited, Idyut Soudha, Somajiguda, Hyderabad Rep.by its Managing Director and another . RESPONDENTS The Court made the following:
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.9392 of 2014
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, declaring the action of the respondents in not appointing the petitioner by transfer as Additional Assistant Engineer (Mechanical) on par with the candidates who were appointed as Additional Assistant Engineers vide Memo No.CGM(A)/DA(A)/AS (Panels) (Techl.)/PO-C1/1096/2011, dated 24.08.2013 issued by the 2nd respondent as arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to appoint the petitioner as Additional Assistant Engineer (Mechanical) with all consequential benefits on par with others.
The issue involved in the writ petition is whether the diploma certificate held by the petitioner is valid. According to the petitioner, he joined in the Institute of Mechanical Engineers (India), Navi Mumbai for the Diploma Course on 09.10.2001 and passed the said diploma course in June 2004. The institute was derecognized on 10.06.2002 and later the recognition of the said institutes was restored on 16.10.2006.
It is represented by both the parties that considering the same issue, the learned single Judge of this Court vide order dated 01.11.2013 in W.P.No.23449/2010 took the view that since the petitioner therein joined the Institute prior to its derecognizing, the diploma possessed by him is valid. Thus, the issue involved in the instant case is squarely covered by the aforesaid judgment.
In view of the above, this writ petition is disposed of in terms of the said order dated 01.11.2013 in W.P.No.23449/2010 with the direction that the observations made therein shall be read as part of this order. The respondents are directed to consider the case of the petitioner for appointment as Additional Assistant Engineer (Mechanical) by transfer on par with other candidates who were appointed as Additional Assistant Engineers vide Memo No.CGM(A)/DA(A)/AS (Panels) (Techl.)/PO-C1/1096/2011, dated 24.08.2013 of the 2nd respondent. In the circumstances, there shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed in consequence.
R.KANTHA RAO,J Date: 25.08.2014 Dsr Note:
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