United Electricity Contact ... vs The State Of Andhra Pradesh,
2021 Latest Caselaw 78 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                  WRIT PETITION No.522 OF 2021

ORDER:-


      This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:

            "......pleased to issue any Writ, Order or Direction more
     particularly one in the nature of Writ of Mandamus declaring the
     inaction of the respondents in not giving preference to the

watchmens working under contract basis in the process of filling up of vacancies of shift operators in the sub stations of the respondents in the light of Memo No.CMD/CGM/HRD/JS/HRD/DGM- 1/P0-II/A.1/DNo.24/14, dated 19.01.2014 at the time of making appointment of shift operators in various electric substations 33/11kv pursuant to the letter No.ENEO1-OPCS/1/2020, dated 01.08.2020 issued by the 1st respondent directing the respondents to fill up the vacancies at the Sub-Stations and the consequent memos issued by the respondents dated 05.08.2020, 25.08.2020 as illegal, arbitrary and in violation of Circular vide Memo No.CMD/CGM/HRD/JS/HRD/DGM-1/P0-11/A.1/DNO.24/14, Dated 19.01.2014 is void, illegal, arbitrary, discriminatory, unconstitutional and contrary to the principle of natural justice and also contrary to service rules and consequently direct the respondents to give preference to the watchmens working with the respondents in the process of filling up of vacancies of Shift Operators basing on their eligibility of the contract workers pursuant to the letter No.ENE01-0PCS/1/2020, dated 01.08.2020 issued by the respondents and pass........"

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri Narra Srinivasa Rao, learned

counsel for the petitioner, requested this Court, without touching the

merits of the case, to issue a direction to the respondents to dispose

of the representations submitted by the petitioner on 11.11.2019,

25.02.2020 and 14.12.2020.

3. Learned Government Pleader for Energy appearing for

respondent No.1 and the learned Standing Counsel for

A.P.S.P.D.C.L. appearing for respondent Nos.2 and 3 readily agreed

to dispose of the representations of the petitioner dated 11.11.2019,

25.02.2020 and 14.12.2020, if any, pending with the respondent

authorities.

4. In view of the submission of the learned Government Pleader

as well as the learned Standing Counsel, I need not decide the truth

or otherwise of the allegations made in the petition. This Court is

conscious that no such direction be issued, in view of the judgment

of the Apex Court in the case of The Government of India v.

P.Venkatesh1, wherein the Apex Court held that such orders may

make for a quick or easy disposal of cases in overburdened

adjudicatory institutions. But, they do no service to the cause of

justice. As the learned counsel for the petitioner himself requested to

issue a direction to dispose of the representations, dated 11.11.2019,

25.02.2020 and 14.12.2020, submitted by the petitioner, I find no

other alternative except to issue such direction.

5. In the result, the Writ Petition is disposed of, directing the

respondents to dispose of the representations submitted by the

petitioner on 11.11.2019, 25.02.2020 and 14.12.2020, in accordance

with law, as early as possible not later than one month from today.

Till disposal of the said representations, there shall be a direction to

the respondents not to fill up 1000 vacancies of Shift Operators in

the respondent Company. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this Writ Petition

shall stand closed.

_________________________________________ JUSTICE M.SATYANARAYANA MURTHY Date : 7.1.2021 AMD

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.522 OF 2021

Date : 07.01.2021

AMD