WA/2394/2005 of G.Srinivasa Rao Vs Divisioanl Electrical Engineer on 7 December 2005

1. The Divisional Electrical Engineer, Operation, Srikakulam, EPDCL.

2. The Gram Sarpanch, Santha Sitaramupram Village, Etcherla Mandal,Srikakulam.Srikakulam.

...RESPONDENTS

THE HON'BLE MR JUSTICE B.PRAKASH RAO

And

THE HON'BLE DR JUSTICE G.YETHIRAJULU

WRIT APPEAL NO.2394 of 2005

JUDGMENT:(Per the Hon’ble Mr Justice B.Prakash Rao)

Heard both the sides.

The Writ Appeal is filed by the appellant/petitioner aggrieved by the order dated29.08.2005 in W.P.M.P.No.1014 of 2005 in W.P.No.7769 of 2005 rejecting theinterlocutory application, which is filed seeking payment of salary to him.

The main grievance of the appellant is that he has been working since theyear 1989 as Village Electricity Worker, but salary has not been paid to him.

Having heard the learned counsel on either side and on perusal of the materialavailable on record, prima facie, we are satisfied that in the Scheme, there is nodirect employer and employee relationship as such between the first respondent and the appellant. More so, in the absence of any approval, the appellant cannot be said to have any enforceable right. In the circumstances, we do not find merits in the appeal, more so, when the order under appeal is an interlocutory one.

Accordingly, the Writ Appeal is dismissed. No costs.

Expedite the hearing of the Writ Petition No.7769 of 2005. Post immediately afterPongal Vacation, 2006.

_________________(B.PRAKASH RAO, J)

___________________

(DR G.YETHIRAJULU, J)

7[th] December 2005

RRB