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2025 DAILYLAW 1619 (AP)

M RAMU v. THE STATE OF ANDHRA PRADESH

WP/23951/2025 · 2026-04-15

D Ramesh

body2025

Judgment text

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APHC010460802025 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: 23951/2025 Between: 1. M RAMU, S/O M.VENKATARAYUDU, AGED 45 YEARS, R/O GUMMANUR KOTTALA KHAJIPURAM, CHIPPAGIRI MANDAL KURNOOL DISTRICT-518396 2. B.THIPPAIAH,, S/O. B.SUNICANNA, AGED 43 YEARS, R/O SIVARAMI REDDY COLONY, URWAKONDA MANDAL, ANANTAPURAM DISTRICT-515812 3. S.RUDRAMANI,, S/O. CHINNA THIPPESWAMY AGED 47 YEARS, R/O D.NO.2-47, BELUGUPPA MANDAL AND POST, ANANTHAPURAM DISTRICT-515741 4. R.THIMMARAJU,, S/O. R. GOVINDAPPA, AGED 41 YEARS, R/O D.NO 4-16 O.C.COLONY, RAYALLA (DODI) BRAMASAMUDRAM MANDAL, ANANTHAPURAM DISTRICT-515763 ...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 SOUTHERN POWER DISTRIBUTION COMPANY LTD, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE-APSPDCL, SRINIVASAPURAM, 2 TIRUCHANOOR ROAD, TIRUPATHI, TIRUPATHI DISTRICT - 517503. 3. THE SUPERINTENDING ENGINEEROPERATION, OPERATION CIRCLE, A.P SOUTHERN POWER DISTRIBUTION COMPANY LTD ANANTHAPURAMU. 4. THE EXECUTIVE ENGINEEROPERATION, A.P SOUTHERN POWER DISTRIBUTION COMPANY LTD KALYANADURGAM, ANANTHAPUR DISTRICT. 5. THE DIVISIONAL ELECTRICAL ENGINEER, (OPERATION) A.P SOUTHERN POWER DISTRIBUTION COMPANY LTD KALYANADURGAM, ANANTHAPUR 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 3rd respondent in initiating proceedings in D.No.1162/25-26, dt 13.08.2025 and consequential action of 4th Lr.No.SE/0/ATP/Tech/EE(T)/DEE(T and C)/AEE(T)/ respondent in proceeding straight away for engaging fresh candidates on outsourcing basis as shift operators in the 33/11KV sub-stations, in which petitioners are working as regular employees and thereby diverting petitioners to work in field thereby to transfer the petitioners in the guise of shifting/diversion of duties from respective sub-stations of 33/11 KV Sub-Stations at Uravakonda and Beluguppa Substations of Ananthapur District, so as to entrust the sub-stations for outsourcing agencies, and appointing fresh candidates without any selection and experience as highly illegal, arbitrary, violative of Article 14 of the Constitution of India, apart from contrary to service regulations as well as B.P.(P and G-Per)Ms.No.94 (Personnel Services) Department, dt 31.05.1994, and b. further action in proceeding for engaging persons on outsourcing basis for manning of 33/11 KV Sub-stations with private persons, at the behest of local political leaders as highly illegal, arbitrary and pass such IA NO: 1 OF 2025 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 may be pleased to grant interim stay of all further proceedings in pursuance of the impugned proceedings initiated vide 3 Lr.No.SE/0/ATP/Tech/EE(T)/DEE(T&C)/ AEE(T)/D.No.ll62/25-26, dt 13.08.2025, on the file of 3rd respondent. Pending disposal of the present Writ Petition and pass such IA NO: 2 OF 2025 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 order dated 09-09-2025 of 2025, and to pass IA NO: 1 OF 2026 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 may be pleased to grant Interim suspension of the impugned Memo.No.EE/0/KLDG/Adm./ JAO/S2/D.No.138/2026, Dt:04.03.2026, as well as Memo No. CGM (HRD)/GM (HR-I1)/DGM (PEN &. ADM) D.No.23/26, dt: 07.01.2026, including all further proceedings in pursuance thereof. pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. G V SHIVAJI Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. 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. a. declaring the impugned action of the 3rd respondent in initiating proceedings in D.No.1162/25-26, dt 13.08.2025 and consequential action of 4th Lr.No.SE/0/ATP/Tech/EE(T)/DEE(T and C)/AEE(T)/ respondent in proceeding straight away for engaging fresh candidates on outsourcing basis as shift operators in the 33/11KV sub-stations, in which petitioners are working as regular employees and thereby diverting petitioners to work in field thereby to transfer the petitioners in the guise of shifting/ diversion of duties from respective sub-stations of 33/11 KV Sub- Stations at Uravakonda and Beluguppa Substations of Ananthapur District, so as to entrust the sub-stations for outsourcing agencies, and appointing fresh candidates without any selection and experience as highly illegal, arbitrary, violative of Article 14 of the Constitution of India, apart from contrary to service regulations as well as B.P.(P and G-Per)Ms.No.94 (Personnel Services) Department, dt 31.05.1994, and b. further action in proceeding for engaging persons on outsourcing basis for manning of 33/11 KV Sub-stations with private persons, at the behest of local political leaders as highly illegal, arbitrary and pass such….” 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: …There shall be an interim suspension of the impugned proceedings dated 13.8.2025 vide Lr.No.SE/O/ATP/Tech/EE(T)/DEE(T&C/AEE(T)/D.No.1162/25-26, for a period of two weeks.” 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. Along with that it is also placed on record through instructions that the petitioner nos.1 to 3 are transferred to various distributions according to their request. As far as petitioner no.4 is concerned, in view of the directions and in view of adoption of the joint memo, nothing survives. 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.23951 OF 2025 16.4.2026 RD