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2024 DAILYLAW 1773 (AP)

K KOTESWARA RAO v. THE STATE OF AP

WP/1544/2024 · 2026-04-15

D Ramesh

body2024

Judgment text

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APHC010024332024 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: 1544/2024 Between: 1. K KOTESWARA RAO, S/O.MALAKONDAIAH, AGED 44 YEARS. WORKING PEDDA ALAVALAPADU SUB-STATION R/O OPP IOC BANK, PEDA ALAVALAPADU (V), P.C. PALLI (MANDAL), PRAKASAM DISTRICT. 2. T. VIJAYA BHASKAR REDDY,, S/O T.P.MALAKONDALAH, AGED 53 YEARS. WORKING BOTLAGUDURU SUB-STATION R/O BOTIA GUDURU (V), PAMUR (M), PRAKASAM DISTRICT. 3. G. SREENIVASA RAO, , S/O CHINNA VENKATESWARLU, AGED 46 YEARS. WORKING PEDDA ALAVALAPADU SUB-STATION R/O PEDDAALAVALAPADU (V) P.C. PALLI (MANDAL), PRAKASAM. 4. SHEIK. NAYAB RASOOL,, S/O KHAJA VALLI, AGED 42 YEARS. WORKING PEDDA ALAVALAPADU SUB-STATION R/O PEDDAALAVALAPADU (V) P.C. PALLI (MANDAL), PRAKASAM. 5. SHEIK AKBAR VALI,, S/O KHAJA VALI, AGED 46 YEARS. WORKING C.S.PURAM SUB-STATION O/O CH. GURAVALAH COMPLEX, NEAR SUDHAKAR MEESEVA, D.G. PETA ROAD, C.S. PURAM, PRAKASAM DISTRICT. 6. P. NAGAIAH,, S/O BASAVAIAH, AGED 43 YEARS. WORKING C.S.PURAM SUB-STATION O/O GOVT SCHOOL BAZAR, C.S. PURAM, PRAKASAM DISTRICT. 7. NALLAM GOPIKRISHNA,, S/O CHINNA PULLAIAH, AGED 40 YEARS. WORKING C.S.PURAM SUB-STATION O/O RAMALAYAM BACK SIDE, PAMURU ROAD, C.S. PURAM MANDAL, PRAKASM DISTRICT. 8. SYED IMAM HUSSAIN, , S/O MAHABOOB, AGED 44 YEARS. WORKING C.S.PURAM SUB-STATION O/O GOVT SCHOOL BAZAR, C.S. PURAM, PRAKASAM DISTRICT. ...PETITIONER(S) AND 2 1. THE STATE OF AP, 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. ...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 respondent in issuing impugned proceedings in C.O.O.Ms.No.l89(GM-HR Section), dt 30.10.2023, and proceedings in C.O.O.Ms.No.214(GM-HR Section) dt 21.12.2023, 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 c. consequential action of 4th respondent in initiating proceedings for transferring the petitioners, by way of diversion of the posts from Sub-station Botlaguduru, C.S.Puram and Peddalavalapadu of Kanigirl Division, 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 C.O.O.Ms.No.l89CGM-HR Section), dt 30.10.2023, and proceedings in C.O.O.Ms.No.214CGM-HR Section) dt 21.12.2023, on the file of 2nd respondent, consequently to continue the petitioners in Sub-stations Botlaguduru, C.S.Puram and Peddalavalapadu of Kanigiri Division, Pending disposal of the present Writ Petition and pass Counsel for the Petitioner(S): 1. G V SHIVAJI Counsel for the Respondent(S): 1. V V SATISH (SC for APEPDCL) 2. GP FOR SERVICES I The Court made the following: 3 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. a. declaring the impugned action of the respondent in issuing impugned proceedings in C.O.O.Ms.No.l89(GM-HR Section), dt.30.10.2023, and proceedings in C.O.O.Ms.No.214(GM-HR Section) dt.21.12.2023, 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 c. consequential action of 4th respondent in initiating proceedings for transferring the petitioners, by way of diversion of the posts from Sub-station Botlaguduru, C.S.Puram and Peddalavalapadu of Kanigirl Division, 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. 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. 4 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 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.1544 OF 2024 16.4.2026 RD