Telangana High Court

WP/24117/2004 of Banoth Devulal, Vs Transmission Corporation of A.P. Ltd., on 30 December 2004

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24117 of 2004 Between: Banoth Devulal, S/o. B. Joga, Northern Power Distribution Company

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE K.C. BHANU

WRIT PETITION NO : 24117 of 2004

Between:

Banoth Devulal, S/o. B. Joga, Northern Power Distribution Company of A.P. Ltd., Adilabad, R/o. H.No. 2-9-418, Snehanagar, NGOs Colony road, Hanmakonda, Warangal District.

AND

..... PETITIONER

1. Transmission Corporation of A.P. Ltd.,Rep. by its Chairman and M.D., Vidyout Soudha, Hyderabad-82. 2 Norther Power Distribution Company of A.P. Ltd., Corporate Office, Warangal-506 004. rep. by its Chairman & Managing Director. 3 The Chief Engineer, Zone, Northern Power- Distribution Company of A.P. Ltd., Nizmabad.4 The Superintending Engineer, Operation, Northern Power Distribution Company of A.P. Ltd., Adilabad. .....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may bepleased to Issue a writ order or direction particularly one in the nature of writ ofmandamus declaring Memo No. CGM (HRD)/GM (S)/AS(I)/680-PO.I/04 dt.30.11.2004 issued by the Chairman and Manging Director, Northern PowerDistribution Company of A.P. Ltd., Corporate Office, Warangal as illegal,arbitrary and violative of Articles 14, 16 and 16 (4A) of the Constitution of Indiaand pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case.

Counsel for the Petitioner: MR.M.PANDURANGA RAOCounsel for the Respondents: MR.S.RAVINDRANATH

The Court at the admission stage, made the following :

THE HON'BLE MR JUSTICE K.C. BHANU

WRIT PETITION NO : 24117 of 2004

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ORDER:

This writ petition is filed to declare the Memo No.CGM (HRD)/GM(S)/AS(I)/680-PO.I/04, dated 30-11-2004 issued by the 2[nd] respondent-Chairman andManaging Director, Northern Power Distribution Company of AP Limited,Corporate Office, Warangal, as illegal and arbitrary.

2. Heard the learned counsel for the petitioner and the learned standing counselfor the respondent-Corporation.

3 . The learned counsel for the petitioner contended that in respect of thepromotion to the similarly situated persons, exemption has been given. Butwhen the case of the petitioner was taken into consideration, the petitioner hadbeen discriminated and therefore, a direction may be given to the 2[nd]respondent to consider the case of the petitioner on par with the other personswho are given promotion while granting exemptions.

4 . On the other hand, the learned standing counsel for the respondent-Corporation opposed the same on the ground that the impugned memo dated 30-11-2004 itself is only show-cause-notice calling for the explanation from the petitioner. The petitionercan as well give explanation to the 2[nd] respondent. The impugned memo dated30-11-2004 would go to show that the promotion of the petitioner is taken upunder review to withdraw or cancel the promotion given with immediate effect inpursuance of the Regulation 25(b) of Part-II of the Andhra Pradesh State Electricity Board Service Regulations, and therefore, he was called upon tosubmit his representation within 15 days from the date of receipt of the memo,failing which, the decision will be taken as per the Rules.

5 . As rightly contended by the learned standing counsel for the respondent-Corporation, it is only a show cause notice, the petitioner can as well giveexplanation to the said show cause notice. Therefore, I deem it consider thatsince the time has been lapsed, reasonable time is given to the petitioner sothat he can give explanation to the 2[nd] respondent within two weeks from thedate of receipt of a copy of this order, if not already submitted, and thereafterthe 2[nd] respondent shall take appropriate decision in accordance with the lawand Rules and also duly taking into consideration the similarly situated personsfor whom exemption has been granted.

6. Accordingly, the writ petition, with the above observation, is disposed of. Noorder as to costs.

__________________

December 30, 2004

Kvr

To

1. The Chairman and Managing Director, Transmission Corporation ofA.P. Ltd., Vidyout Soudha, Hyderabad-82.A.P. Ltd., Vidyout Soudha, Hyderabad-82.

2. The Chairman and Managing Director, Northern Power Distribution Company of A.P. Ltd., Corporate Office, Warangal-5-6 004.

3 The Chief Engineer, Zone, Northern Power- Distribution Company of A.P. Ltd., Nizmabad.

4 The Superintending Engineer, Operation, Northern Power Distribution Company of A.P. Ltd.,Distribution Company of A.P. Ltd., Adilabad.

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