Telangana High Court
WP/4987/2000 of G. Shankar Vs The A.P Transmission Corp. Ltd., on 31 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO:4987 of 2000 Between: G.Sekhar and another ..... PETITIONERS AND The
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION NO:4987of2000
Between:
G.Sekhar and another
AND
..... PETITIONERS
The A.P.Transmission Corporation Limited and another
.....RESPONDENTS
Counsel for the Petitioners:NONE APPEARED
Counsel for the respondents:MR. P.R.BALARAMI REDDY
The Court made the following :
ORDER:
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This is a third round of litigation initiated by the petitioners whoclaimed to be contract labourers and entitled to absorption in terms ofB.P.Ms.No.36, dated 18.05.1997. The petitioners earlier filed WritPetition No.12217 of 1998 and in pursuance of an interim directionissued by this Court, their claims were considered for absorption by therespondents by interviewing them on 16.06.1998. The petitioners’ caseswere rejected by an order on the ground that they were not engaged bythe licenced contractors. Questioning the said order, the petitioners filedWrit Petition No.21445 of 1999, which was disposed of by this Court on13.10.1999 with the direction to the respondents to consider thepetitioners’ claims irrespective of whether they worked under unlicensedcontractor. Accordingly, the petitioners’ cases were re-considered and again, rejected by the respondents by stating that50% of vacant posts made available under O&M cadre as on 18.05.1997were already filled based on merit list.
In the counter-affidavit filed by the respondents, it is averred thatthough initially, the contract labourers engaged by the unlicensedcontractors were not eligible, in view of the subsequent instructionsissued by the erstwhile APSEB, they were also made eligible and theircases were considered and that 50% of the vacant posts in JuniorLineman (labour) cadre earmarked for being filled up underB.P.Ms.No.36, dated 18.05.1997 were already filled up by thecandidates - Ex.Casual Labour/Village Electricity Workers, in accordance with merit and that the process of appointments as per themerit list was completed by 27.06.1998. The respondents further statedthat as all the vacancies were filled up, the petitioners cannot beappointed.
Neither a reply affidavit is filed controverting the avermentscontained in the counter-affidavit nor the learned counsel for thepetitioners is present at the hearing to point out any illegality in the standtaken by the respondents.
Hence, the writ petition is dismissed.
As a sequel to dismissal of main petition, WPMP.No.6617 of 2000filed by the petitioners for interim relief is disposed of as infructuous.
C.V.NAGARJUNA REDDY, J
31[st] DECEMBER, 2008.
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