IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY FIFTH DAY OF MARCH, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE: DAMA SESHADRI NAIDU WP .NO: 3821 of 2014 Between:
The Warangal A.P. Transco & APNPDCL Manning Contractors Welfare Association, rep by its President, T.Raju, S/o. Harjaiah . Petitioner AND
1. The Northern Power Distribution Company of A.P. Ltd., rep. by its Chairman & Managing Director, Corporate Office, Vidyut Bhavan, Nakkalagutta, Hanam Konda, Warangal District.
2. The Chief General Manager (HRD), APNPDCL, Corporate Office, Vidyut Bhavan, Nakkalagutta, Hanamkonda, Warangal District.
3. The Superintending Engineer, APNPDCL, Operation Circle, Warangal, Warangal District.
4. The Divisional Engineer, Operation, APNPDCL, Warangal Town, Warangal District.
5. The Divisional Engineer, Operation, APNPDCL, Warangal Rural, Warangal District.
6. The Divisional Engineer, Operation, APNPDCL, Mulugu, Warangal District.
7. The Divisional Engineer, Operation, APNPDCL, Jangaon, Warangal District.
8. The Divisional Engineer, Operation, APNPDCL, Mahaboobabad, Warangal District.
9. The Divisional Engineer, Operation, APNPDCL, Narsampeta, Warangal District.
. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in purporting to Select the operators and Watchman under the Notifications Dt. 11-12-2013 covering the divisions of Respondents 4 to 9 for selection in terms of condition No. 41 under the General Terms and conditions of the Tender Contract without allowing the Contractors for Participation in the selection process is illegal, arbitrary, unconstitutional and against the Principles of natural justice and also in violation of other clauses Nos. 21, 22,23,24,27,29,30,31,32,33,34 and 39 of the Standard Agreement and consequently by setting aside the same direct the respondents by considering the representations of the petitioner dt. 06-02-2014 and 07-02-2014, allow the Petitioner Contractors to select and appoint the Posts of Operators and Watchmen under the Contract entered into between the parties Dt. 11-12-2013 as per the procedure in vogue .
WPMP.No. 4723 of 2014:
Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to stay all further proceedings including Recruitment of Operators and Watchmen as per Condition No. 41 of General Terms and conditions of Tender contract pursuant to the Notifications Published on 11- 12-2013 for respondents 4 to 9 Divisions, pending disposal of WP.No. 3821/2014 on the file of the High Court.
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The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and orders of the High Court dated 11-02-2014, 04-03-2014 and 18-03-2014 made herein and upon hearing the arguments of Sri C.Hari Preeth, Advocate for the Petitioner and of Sri P. Laxma Reddy, Advocate for the Respondents, the Court made the following ORDER:
The interim orders granted earlier shall stand extended till the disposal of the matter. Post the matter “for judgment” by next week.
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. One CC to Sri P.Laxma Reddy, Standing Counsel, High Court of A.P., Hyd(OUT)
2. One CC to Sri C.Hari Preeth, Advocate(OPUC)
3. One spare copy. skm HIGH COURT DSM,J Drafted by: skm Drafted on: 26-03-2014 DATED: 25-03-2014 NOTE: POST THE MATTER “FOR JUDGMENT” BY NEXT WEEK.
ORDER WP.NO. 3821 OF 2014 EXTENSION OF INTERIM ORDER