S. Atchuta Rao, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1669 AP

HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

                    Writ Petition No.6711 of 2021
ORDER:

This writ petition is filed questioning the inaction of the

respondents 3 and 4 in considering the representation of the

petitioner dated 15.02.2021 for appointment by transfer as AAE

(new designation AE) as per the memo of the 2nd respondent dated

26.10.2020 as illegal and arbitrary.

The case of the petitioner is that he was appointed as

Contract Junior Lineman in 3rd respondent Company on

01.02.2004 on the basis of ITI qualification; on 16.03.2006 his

appointment was regularized and upon acquiring Diploma in

Electrical and Electronics Engineering in November 2007, he made

a representation on 07.07.2008 before 3rd respondent for

appointment as Sub-Engineer from Junior Lineman Cadre and the

same was rejected by the 3rd respondent on 16.08.2008 stating

that he has not completed two years of service after acquiring

diploma qualification which is a precondition as per

B.P.Ms.No.208, dated 30.12.1996; In the year 2013, after

acquiring degree of B.Tech, the petitioner submitted a

representation to the 4th respondent to cause necessary entry of

his qualification of B.Tech., in the service register; on 26.10.2020,

the 2nd respondent informed all the Superintending

Engineers/Operations, to furnish information in respect of

employees working in circle, who are having Diploma in Electrical

Engineering and who have put in minimum service of five years

after acquiring Diploma qualification for consideration of

appointment by transfer as AAE. Thereafter, the petitioner

submitted a representation to the 3rd respondent on 15.02.2021 for

considering his case for appointment by transfer as AAE. But the

said representation is not considered till now. Hence, the writ

petition.

Sri Y.Nagireddy, learned Counsel appearing for the

respondents 2 to 5 submits that the representation of the

petitioner would be considered in accordance with law.

This Court is conscious of the fact that no such direction

can be issued, in view of the judgment of the Apex Court in "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. But as the main prayer in the writ

petition is questioning the action of the respondents 3 and 4 in not

considering the representation of the petitioner as arbitrary and

illegal, with the consent of both the parties, the present writ

petition is disposed of directing the respondents 3 and 4 to dispose

of the representation submitted by the petitioner on 15.02.2021 in

accordance with law as expeditiously as possible. No costs.

The miscellaneous petitions pending, if any, shall also stand

closed.

_________________________________ KONGARA VIJAYA LAKSHMI, J

Dt:22.03.2021 Klpd

2019 (8) SCALE 544

THE HON'BLE JUSTICE KONGARA VIJAYA LAKSHMI

WRIT PETITION No.6711 OF 2021

Date: 22.03.2021

KLPD

2019 (8) SCALE 544