Telangana High Court
WP/25218/2004 of A.P. Genco Transco AND Discoms Workers Union Vs The Chairman, A.P. Power Generation, on 31 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 25218 of 2004 Between: A.P. Genco Transco & Discoms Workers' Union (Regd. NO. H 43),
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 25218 of 2004
Between:
A.P. Genco Transco & Discoms Workers' Union (Regd. NO. H 43), rep by itsPresident J. Sreedhar Babu, H. Q. at H.No. 19-5-32/13/A/19, Kishan Bagh,Hyderabad - 64.
..... PETITIONER
AND
1 The Chairman, A.P. Power Generation, Corporation Limited, Vidyut Soudha,Hyderabad.
2 The Managing Director, A.P.Power Generation Corporation Ltd. Vidyut Soudha,Hyderabad.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a writ, order or direction more particularly one in the nature of writ ofMandamus declaring the action of the respondents in not considering and disposingof the 1st petitioner's representation dt.30-9-2004 made on behalf of the otherpetitioners for filling up of the existing vacancies in KTPS with them as arbitrary,illegal and violative of Article 14, 16 and 21 of the Constitution of India andconsequently direct the respondents to fill up the existing vacancies in KTPS withthe petitioners No.2 to 141 who are having bonafide certificates by conducting freshinterviews and verifying their certificate.
Counsel for the Petitioner:MR.ANDERAVI KUMAR
Counsel for the Respondent Nos.1&2: SMT.K.SESHARAJYAM
The Court at the stage of admission, made the following :
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ORDER:
For not considering the representation of the petitioners dated30.9.2004 for filling up of the existing vacancies in KTPS and forconsequential direction to the respondents to fill up the existingvacancies in KTPS, the present writ petition is filed.
The learned counsel for the petitioners contended that though theyworked as contract labourers from the year 1991 onwards, thoseposts were upheld in the year 1996 and thereafter, certain guidelineshave been issued for obsorption of the contract labourers. The caseof the petitioners have not been considered. Hence, the writ petition.
The grievance of the petitioners is that the representation of thepetitioners dated 30.9.2004 has to be considered in filling up ofexisting vacancies in KTPS.
On the other hand, the learned Standing Counsel appearing for therespondents contended that the petitioners have no right to ask themanagement to fill up the posts. It is for the management to takeappropriate decision in filling up the posts considering the exigency of work.
The petitioners made a representation dated 30.9.2004 to takeappropriate decision with regard to the engagement of the employeesof the first respondent. Appropriate decision has to be taken by the1[st] respondent in accordance with the Rules and Regulations andalso Board proceedings, if any.
Accordingly, the writ petition is disposed of directing the respondentsto take appropriate decision in accordance with the Rules andRegulations and also Board proceedings, if any, within a period oftwo months from the date of receipt of a copy of this order. No orderas to costs.
bsv
____________
31.12.2004
To
1. The Chairman, A.P. Power Generation, Corporation Limited, VidyutSoudha, Hyderabad.2 The Managing Director, A.P.Power Generation Corporation Ltd. VidyutSoudha, Hyderabad.
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