Senior Designated Counsel representing Smt. K.Udaya Sri,
learned counsel appearing on behalf of the respondents.
2. The petitioners approached this Court seeking the
"...to issue an appropriate Writ, Order or Direction more
particularly one in the nature of Writ of Mandamus by
declaring that the Petitioners are entitled to be appointed
as Junior Linemen with benefits incidental and ancillary
thereto on the analogy of Orders passed in W.P. No. 23688
of 2019 dated 01-10-2020 and on par with individuals who
were appointed as such pursuant to notifications dated 08-
06-2006 and 20-10-2006 respectively in the interest of
justice duly holding the action of the Respondents in
denying appointment to the Petitioners as Junior Linemen
by keeping the matter pending without any valid or legal
justification as being arbitrary, illegal, unjust and in
violation of Articles 14 and 16 of the Constitution of India
and to pass."
SN,J
W.P.No.9069_2022
3. The case of the petitioners, in brief, is that the petitioners
had applied for the posts of Contract Junior Linemen (CJLM)
pursuant to notifications dated 08.06.2006 and 20.10.2006
issued by the Respondent No.4. The petitioners successfully
completed the selection process, including the pole-climbing test
and interview held in February 2013, and submitted their original
certificates, for which acknowledgments were issued. Despite
being informed that the petitioners' names were included in the
selection list, appointment orders were not issued due to pending
litigation. Following the Hon'ble Supreme Court's final judgment
on 25.02.2019 resolving the dispute, the petitioners submitted
representations seeking appointment, however, the said claim
had been denied by the respondents. Aggrieved by the arbitrary
action of the respondents, the petitioners filed the present writ
petition.
PERUSED THE RECORD:
A) The relevant portion of the proceedings of the
respondent No.4 vide Lr.No.SE/OPN/MDK/PO/ADM/C2/B-
IV/D.No.6135/13 dated 01.02.2013 issued to the
petitioners herein is extracted hereunder:
SN,J
W.P.No.9069_2022
1. Adverting to the references cited above,
Sri. K. Komaraiah S/o. Beeraiah is directed to appear
before the selection committee on 12-02-2013 at 9.00 AM
hrs. O/o. the Superintending Engineer/Operation
Circle/Medak at Sangareddy along with the original
certificates i.e., SSC/SSLC Certificate, Date of Birth, ITI
Certificate or Intermediate Vocational Course in Electrical
Trade, Wiremen Trade, Caste Certificate, Residence Proof
Certificate.
2. He is also informed that no T.A. and D.A. will be
paid to him for appearing for the above mentioned
interview.
3. The pole climbing test will be conducted on
12.02.2013. He should climb the pole up to the top of
the pole. Otherwise the incumbent is not eligible for
selection.
B) The counter affidavit has been filed on behalf of
the respondents and in particular, paragraph Nos.11
to 14.2 are extracted hereunder:
"11. It is submitted that the Hon'ble Supreme
Court by order dated 25-2-2019 in SLP(C) No.
15001-15110 of 2013 (re-numbered as Civil Appeal
No. 2009-2158 of 2019) set aside the orders of the
Division Bench dated 14-3-2012 in W.P. No. 8794 of
2007 and batch and upheld the orders of the earlier
Hon'ble Division Bench dated 10-11-2009 in W.A. No.
SN,J
W.P.No.9069_2022
1434 of 2008 and batch. It was also recorded that
the appointments were made over and above the
posts notified in the year 2006 and further observed
that the Hon'ble Division Bench by order dated
14-3-2012 in W.P. No. 8794 of 2008 and batch
committed serious error in directing to re-examine
the selections already made in the year 2006. It was
also recorded that even at this stage, the persons
who were applied for the post of Junior Linemen in
the year 2006 and were effected by condition of 6
(iv) (c) of the revised notification, would be
considered for appointment.
12. In view of the orders of the Hon'ble Supreme
Court dated 25-2-2019, review of selections as
undertaken in implementation of the orders dated
14-3-2012 of this Hon'ble Court in W.P. No. 8794 of
2007 and batch was abandoned. The Writ Petitioners
herein who were issued with call letter dated
1-2-2013 in implementation of the orders dated
14-3-2012 would not be eligible for consideration for
appointment as Junior Linemen in pursuance of the
Notification of 2006, as the orders in W.A. No. 8794
of 2007 and batch were set aside. Thus, there are no
merits in the Writ Petition and the same is liable to
be dismissed.
of the Writ Petition, it is submitted that the relief as
sought for in the Writ Petition is misconceived and
SN,J
W.P.No.9069_2022
untenable. The Writ Petitioner is seeking for relief on
the basis of the orders passed in W.P. No.23688 of
2019, dated 1-10-2020. In this regard, it is
submitted that against the orders dated 1-10-2020 in
W.P. No. 23688 of 2019, the TSSPDCL had filed W.A.
No. 45 of 2022 and the Division Bench of this Hon'ble
Court by order dated 28-4-2022 held that the orders
dated 1-10-2020 in W.P. No. 23688 of 2019 are
contrary to the law laid down by the Hon'ble
Supreme Court in SLP (C) No. 15001-15110 of 2013,
dated 25-2-2019 and accordingly allowed the Writ
Appeal. SLP (C) No. 9906 of 2022 filed against the
orders dated 28-4-2022 in W.A. No. 45 of 2022 was
also dismissed by order dated 02-06-2022. Thus, no
relief can be sought for by the Writ Petitioner on the
basis of the orders passed in W.P. No. 23688 of
2019.
to 18, it is submitted that as stated above, the Writ
Petitioner was issued with call letters dated 1-2-2013
only in the process of implementation of the orders of
the Division Bench of this Hon'ble Court in W.P. No.
8794 of 2007 and batch, dated 14-3-2012. However,
in view of the interim orders granted by the Hon'ble
Supreme Court in SLP (C) No. 15001-15110 of 2013,
dated 16-4-2013, review of the selections made in
the year 2006 was stalled. Thereafter, the Hon'ble
Supreme Court by order dated 25-2-2019, set aside
the orders dated 14-3-2012 in W.P. No. 8794 of 2007
SN,J
W.P.No.9069_2022
and batch. Thus, the entire review of the selections
made in the year 2006 were abandoned and
consequently consideration of case of the Petitioner
for appointment as Junior Linemen against the posts
notified in the Notification 2006 would also not arise,
as the case of the Petitioner was subjected to Pole
Climbing Test only in pursuance of the orders dated
14-3-2012 which was subsequently set aside by the
Hon'ble Supreme Court.
14.1 It is submitted that W.P. No. 23688 of
2019 was filed seeking appointment in terms of
Clause 6 (iv) (d) of the revised Notification dated
20-10-2006 for the post of Junior Linemen. The said
Writ Petition was disposed of with certain directions
by the learned single Judge by order dated
1.10.2020. Aggrieved by the said orders, the
TSSPDCL filed W.A. No. 45 of 2022 and the Division
Bench of this Hon'ble Court allowed the Writ Appeal
by order dated 28-4-2022 and set aside the orders in
W.P. No. 23688 of 2019 dated 1-10-2020. SLP (C)
No. 9906 of 2022 filed challenging the orders dated
28-4-2022 in W.A. No. 45 of 2022 was also dismissed
on 02-06-2022. Thus, the Writ Petitioner herein
cannot claim any benefit on the basis of the orders
passed in W.P. No.23688 of 2019.
14.2. It is submitted that the averments that
right to be considered for appointment is a
Fundamental Right guaranteed under Article 16 of
SN,J
W.P.No.9069_2022
Constitution of India is misconceived and
untenable. The Writ Petitioner is eligible to be
considered against the posts notified in the
Notification 2006 in terms of his eligibility and
merit. However, the Writ Petitioner was not
within the zone of consideration and was thus
not issued appointment orders. He was only
issued with call letter in the year 2013, due to
the process undertaken by the company in
implementation of the orders of the Division
Bench of this Hon'ble Court in W.P. No. 8794 of
2007 and batch, dated 14-3-2012. However the
said orders dated 14-3-2012 itself was set aside
by the Hon'ble Supreme Court by Judgment
dated 25-2-2019. Thus, no right is accrued in
favour of the Writ Petitioners to seek for
appointment as Junior Linemen against the
Notification of 2006."
4. Learned Senior Designated Counsel appearing on
behalf of the respondents, placing reliance on the
averments made in the counter affidavit filed on behalf of
the respondents, particularly in paragraph Nos. 11 to 14.2
(referred to and extracted above), contends that the relief
claimed by the petitioners cannot be granted, as the
petitioners have relied upon the order dated 01.10.2020
passed in W.P. No. 23688 of 2019, which had been held to
SN,J
W.P.No.9069_2022
be contrary to law by the Division Bench in its judgment
dated 28.04.2022 passed in W.A. No. 45 of 2022. The said
judgment had been upheld by the Hon'ble Supreme Court
in S.L.P. (C) Nos. 15001-15110 of 2013 dated 25.02.2019.
Therefore, the writ petition is liable to be dismissed.
5. Learned counsel appearing on behalf of the petitioners
specifically contends that the petitioners attended the pole
climbing test in the year 2013 and completed the pole climbing
test and the petitioners' names were also included in the
selection list and therefore, the petitioners' request for
appointment as Contract Junior Linemen in pursuance of the
interviews conducted by selection committee should be
considered.
6. This Court opines that the petitioners are not entitled
for the relief as prayed for in the present writ petition in
view of the detailed averments made in the counter
affidavit filed on behalf of the respondents, referred to and
extracted above.
7. Learned counsel appearing on behalf of the
petitioners submits that writ petition could be disposed of
directing the respondent No.2 to consider the
SN,J
W.P.No.9069_2022
representations of the petitioners dated 17.11.2020
seeking appointment of the petitioners as Contract Junior
Linemen within a reasonable period. Learned Senior
designated counsel appearing on behalf of the
respondents does not dispute the said submission made
by the learned counsel appearing on behalf of the
petitioners.
8. TAKING INTO CONSIDERATION:
a) The aforesaid facts and circumstances of the case,
b) The submissions made by the learned counsel
appearing on behalf of the petitioners and the learned
Senior Designated counsel appearing on behalf of the
respondents,
c) The proceedings of the respondent No.4 vide
Lr.No.SE/OPN/MDK/PO/ADM/C2/B-IV/D.No.6135/13
dated 01.02.2013 issued to the petitioners herein and,
d) The counter affidavit filed on behalf of the
respondents, in particular, paragraph Nos.11 to 14.2,
The writ petition is disposed of directing the
respondent No.2 to consider the representations of the
SN,J
W.P.No.9069_2022
petitioners dated 17.11.2020 seeking appointment of the
petitioners as CJLM i. e., Contract Junior Linemen and pass
appropriate orders in accordance to Law, within a period
of four (4) weeks from the date of receipt of a copy of this
order and duly communicate the decision on the said
representations to the petitioners herein. However, there
shall be no order as to costs.
Miscellaneous applications, if any, pending shall stand
closed.
___________________________
MRS. JUSTICE SUREPALLI NANDA
10.06.2025
LPD
