APHC010217472014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22283/2014 Between: D.yedukondalu, ...PETITIONER AND The Superintending Engineer and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K KOUTILYA Counsel for the Respondent(S): 1. - 2. V R REDDY KOVVURI (SC FOR APCPDCL) The Court made the following Order: The petitioner is aggrieved by the inaction on the part of the respondents in absorbing the petitioner to the post of LDC or any other suitable post. 2. The learned counsel appearing for the petitioner submits that the petitioner joined the service of the respondent as a contract labourer and served for a period of two years, from 1995 to 1997, along with other similarly situated employees. B.P.Ms.No.36 dated 18.05.1997 permitted the respondents to fill up 50% of existing vacancies from the Ex-casual labour. It is submitted by the learned HN, J W.P.No.22283_2014 2 counsel for the petitioner that the petitioner filed W.P.No.19947 of 2000, which was disposed of by this Court following the directions passed in a similar writ petition No.5064 of 1999 and batch. It is further submitted that, though there has been a positive direction from this Court and B.P.Ms.No.36 mandates filing up 50% of posts from the casual labour/contract labour category who had obtained Court orders, the case of the petitioner was not considered. The petitioner was not appointed to any suitable post, though he is entitled to and eligible in all respects. 3. The learned counsel for the petitioner submits that in similarly placed cases, this Court directed the respondents to absorb the employees and a similar case was considered in W.P.No.44691 of 2017, where this Court allowed the writ petition. W.A.No.315 of 2020 filed by the respondents was also dismissed by this Court. It is also submitted that the submission regarding the withdrawal of B.P.Ms.No.36 by the respondents cannot have any impact on the case of the petitioner, as by the time of the withdrawal of the said B.P.Ms.No.36, the petitioner had already obtained orders from the Court. Clause 12 of the proceedings issued by the respondents on 25.09.2006, withdrawing the operation and implementation of B.P.Ms.No.36, would exclude the cases pending before the Hon’ble HN, J W.P.No.22283_2014 3 Supreme Court/High Court of Andhra Pradesh, or any other Court. As such, it is submitted that the petitioner is entitled to a direction to the respondents to appoint the petitioner to the post of LDC or any other suitable post. 4. The learned Standing counsel appearing for the respondents submits that the case of the petitioner was not considered, as he was not eligible. The petitioner also cannot claim parity with any other employee who filed W.P.No.44691 of 2017, as the facts of that case related to a dispute regarding the service rendered by the petitioner therein under a contract. It is also submitted by the learned Standing counsel that the respondent No.1 is now called as the Central Power Distribution Company. The learned Standing Counsel further submits that once the operation of B.P.Ms.No.36 is withdrawn, the claim of the petitioner seeking appointment under the old, inapplicable B.P.Ms.No.36 cannot be considered by this Court. It is also submitted that the reliance placed by the petitioner on the proceedings issued by the respondents dated 25.06.2011, whereby the case of one S. Chandra Naga Bushana Gupta was considered for appointment, is based on completely different facts and circumstances. It is also submitted that for maintaining the writ petition, the petitioner made a representation on 11.05.2014 HN, J W.P.No.22283_2014 4 seeking appointment. However, the said representation also does not indicate in what matter the petitioner can be considered for appointment and his right to seek appointment. It is also submitted by the learned Standing counsel for the respondents that this Court had considered similar cases of petitioners who approached the Court seeking employment and filed W.P.Nos.32298 of 2015 and 13845 of 2022, wherein the petitioners therein sought a similar direction to regularize their services and placed reliance on the directions of this Court in W.P.No.5064 of 1999. Both writ petitions were dismissed by the learned Single Judges of this Court. The respondents, therefore, submit that the case of the petitioner is squarely identical to that of the petitioners in the aforementioned writ petitions. 5. Considering the submissions of both the learned counsel, the petitioner has admittedly submitted a representation dated 11.05.2014 seeking regularization of the his appointment on par with his colleagues. It is also stated that the petitioner worked as a contract labourer from 1995 to 1997. As seen from the representation, there is no mention why the petitioner has kept quiet for all these years seeking absorption into the post. As seen from the pleadings, it is also evident that the petitioner has not HN, J W.P.No.22283_2014 5 substantiated as to what prevented the petitioner for approaching the Court earlier. The reliance of the petitioner on the directions of the Human Rights Commission passed in H.R.C.No.4371 of 2009 and the directions of this Court passed in W.P.No.44691 of 2017 would not come to the aid of the petitioner in granting the relief as prayed for in the writ petition. Admittedly, B.P.Ms.No.36 was withdrawn by the State with effect from 18.05.1997. 6. In such circumstances, this Court is not inclined to consider the prayer of the petitioner for granting a direction to the respondents to absorb the petitioner to the post of LDC or any other suitable post. 7. With these observations, the writ petition is dismissed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 21.01.2025 NKA HN, J W.P.No.22283_2014 6 53 HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.22283 of 2014 Date: 21.01.2025 NKA