APHC010010042024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 611/2024 Between: 1. GONGUGUNTIA RAMESH,, S/O.G. DAVEEDU, AGED 33 YEARS, O/O D.NO.1-36-1, C/O A. ANJANEYULU, THIMMAREDDYPALLI (V), H.M.PADU MANDAL, PRAKASAM DISTRICT. 2. NUNNA BHAVANI SHANKAR,, S/O.N. MAHANANDI, AGED 43 YEARS, O/O D.NO.1-36-2, C/O A. CHIRANJEEVI, THIMMAREDDYPALLI (V), H.M.PADU MANDAL, PRAKASAM DISTRICT. 3. SURTHINENI GOPI,, S/O.SEENAIAH, AGED 47 YEARS, D.NO.1-95-1, WARD NO.1, KAPU STREET, PAMUR, PRAKASAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY ENERGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE A P CENTRAL POWER DISTRIBUTION CORPORATION LTD, REP. BY ITS MANAGING DIRECTOR, VIJAYAWADA. 3. THE SUPERINTENDING ENGINEER, A.P CENTRAL POWER DISTRIBUTION CORPORATION LTD ONGOLE, PRAKASAM DISTRICT. 4. THE EXECUTIVE ENGINEER, A.P CENTRAL POWER DISTRIBUTION CORPORATION LTD OPERATION DIVISION, KANIGIRI, PRAKASAM DISTRICT 5. YELIKA ITHAMRAJU, S/O VENKATASWAMY, AGED ABOUT 34 YEARS, VTC KANKANAMPADU, AGRAHARAM PO, KANKANAMPADU SUB DISTRICT, VELIGANDLA, PRAKASAM DISTRICT, AP 523324 6. SHAIK MEERAVALI, S/O MASTANVALI, AGED ABOUT 30 YEARS, 6-112, KESANAPALLIVARI STREET, NAKKALATHIPPA, KANIGIRI, PRAKASAM DISTRICT 523230 RESPONDENT NOS.5 AND 6 2 IMPLEADED AS PER COURT ORDER DATED 30.01.2025 VIDE I.A.NO.4 OF 2024 IN WP NO.611 OF 2024 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, a. declaring the impugned action of the 2nd respondent in issuing impugned proceedings in C.O.O.Ms.No.189(GM-HR Section), dt 30.10.2023, permitting for diversion of regular employees working in the posts of Lineman, Assistant Lineman, Juniour Lineman posts from one division to other division, as illegal, arbitrary and b. further action in permitting for outsourcing the manning of 33/11 KV Sub-stations with private persons, at the behest of local political leaders as highly illegal, arbitrary consequential action of 4th respondent in issuing impugned proceedings issued vide impugned Memo.No.EE/0/ADM/JAO/U11/D.No.2327/ 2023, dt 26.12.2023 (in respect of petitioners 1 and 2) and Memo.No.EE/0/KNG/ADM/JAO/U11/ D.No.2329/ 2023, dt 26.12.2023 (in respect of 3rd petitioner), and further transferring the petitioners by way of diversion of the posts from Sun-station Pamuru and Thimmareddipalli of Kanigiri Division vide impugned proceedings in C.O.O.Ms.No.189(GM-HR Section), dt 30.10.2023, as illegal. arbitrary, violative of Article 14 of the Constitution of India, consequently set aside the same and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant interim suspension of the impugned proceedings issued vide impugned Memo.No.EE/O/ADM/ JAO/Un/D.No.2327/2023, dt: 26.12.2023 (in respect of petitioners 1 and 2) and Memo.No.EE/O/ KNG/ADM/JAO/U11/D.No.2329/2023, dt: 26.12.2023 (in respect of 3rd petitioner) on the file of 4th respondent. Pending disposal of the present Writ Petition and pass IA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to implead the petitioner herein as Respondent No.5 in WP.No. 611 of 2024 in the interest of Justice and pass IA NO: 3 OF 2024 3 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to vacate the interim stay granted in IA.No. 1 of 2024 in WP.No. 611 of 2024, dated 10-01-2024, in the interest of Justice and pass IA NO: 4 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to implead the petitioners herein as Respondent Nos. 5 and 6 in W.P.No. 611 of 2024 as they are necessary parties in the interest of Justice Counsel for the Petitioner(S): 1. G V SHIVAJI Counsel for the Respondent(S): 1. V V SATISH (SC for APEPDCL) 2. Y KOTESWARA RAO 3. GP FOR SERVICES I The Court made the following: 4 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order a. declaring the impugned action of the 2nd respondent in issuing impugned proceedings in C.O.O.Ms.No.189(GM-HR Section), dt 30.10.2023, permitting for diversion of regular employees working in the posts of Lineman, Assistant Lineman, Junior Lineman posts from one division to other division, as illegal, arbitrary and b. further action in permitting for outsourcing the manning of 33/11 KV Sub-stations with private persons, at the behest of local political leaders as highly illegal, arbitrary consequential action of 4th respondent in issuing impugned proceedings issued vide impugned Memo.No.EE/0/ADM/JAO/U11/D.No.2327/2023, dt 26.12.2023 (in respect of petitioners 1 and 2) and Memo.No.EE/0/KNG/ADM/JAO/U11/ D.No.2329/2023, dt 26.12.2023 (in respect of 3rd petitioner), and further transferring the petitioners by way of diversion of the posts from Sun-station Pamuru and Thimmareddipalli of Kanigiri Division vide impugned proceedings in C.O.O.Ms.No.189(GM-HR Section), dt.30.10.2023, as illegal. arbitrary, violative of Article 14 of the Constitution of India, consequently set aside the same and pass….” 2. Heard Sri G.V.Shivaji, learned counsel for the petitioners and learned counsel for respondents. 3. Considering the submissions, the following interim order was granted by this Court on 10.01.2024: …Having regard to the facts and circumstances of the case, there shall be a stay of the impugned order vide proceedings bearing C.O.O Ms.No.189 dated 30.10.2023 (Ex.P1) issued by the respondent no.2 until further orders. 5 4. After that as per negotiations of the Joint Action Committee, the respondents have placed their instructions through standing counsel and the authorities have adopted the minutes of Joint Action Committee. 5. In view of the same, nothing survives in this Writ Petition to adjudicate as the respondent authorities have already acted on the negotiations of the Joint Action Committee i.e. stop awarding all manning of 33/11KV SS manned by departmental O&M staff to contractors/external agencies. 6. Accordingly, the Writ Petition is closed. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. __________________ JUSTICE D.RAMESH 16.4.2026 RD 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.611 OF 2024 16.4.2026 RD