D ALIM MAHABOOB BASHA v. THE AP STATE POWER DISTRIBUTION CORPORATION LIMITED (APSPDCL)
WP/12957/2024 · 2025-08-28
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18823 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18823 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010260222024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i m] mm FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12957 OF 2024 Between: D Alim Mahaboob Basha, S /o. D. Sulthan Saheb, aged about 41 years, resident of D. No. 76/97/229, Netaji Housing Colony, Near Weaker Section Colony, Kallur Mandal, Kurnool District, Working as Shift Operator with Employee Id. No. 7826, S. No. 61 at Industrial Estate, Kallur Mandal, Kurnool District. ...Petitioner AND
1. The Andhra Pradesh State Power Distribution Corporation Limited APSPDCL, represented by its Chairman and Managing Director, Vijayawada. 2. The Chairman and Managing Director, APSPDCL Corporate Office Tirupati. 3. The Superintending Engineer, APSPDCL, Vidyuth Bhavan, 0pp. New Bus stand, Kurnool. 4. The Divisional Engineer, Divisional Officer, APSPDCL, 0pp. KVR Hospital, Kurnool. 5. The Assistant Divisional Engineer, Divisional Officer, APSPDCL, 0pp. KVR Hospital, Kurnool. 6. The Assistant Engineer, Sub-Station, Industrial Estate, APSPDCL, Kallur Ma^dal, Kurnool District. y ...Respondents 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 an order, or a direction, or a writ, more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondentNos. 2 to 6 in not considering his representation dated 28.03.2024 and in not permitting him to work in inward and outward Section of Industrial Estate Section Office instead of working at Sub-Station in view of his chronical ailments as illegal, unjust and unconstitutional, and consequently to direct the respondent Nos. 2 to 6 to replace his duties to work at Section Office during days. lA 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 direct the Respondent Nos. 2 to 6 to consider the representation of the Petitioner dated 28.03.2024, pending disposal of the main Writ Petition, pending disposal of the above writ petition.
Counsel for the Petitioner: SRI KALEEMULLA S Counsel for the Respondents: SRI VENKATA RAMA RAO KOTA SC FOR APSPDCL The Court made the following order:
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12957/2024 APHC010260222024 [3460] Between;
MAHABOOB BASHA, S 10. D. SULTHAN SAHEB 1.D ALIM AGED ABOUT 41 YEARS, RESIDENT OF D. NO. 76/97/229, NETAJl HOUSING COLONY, NEAR WEAKER SECTION KALLUR MANDAL, KURNOOL DISTRICT, WORKING OPERATOR WITH EMPLOYEE ID. NO. 7826, S. NO. COLONY, AS SHIFT 61 AT INDUSTRIAL ESTATE, KALLUR MANDAL, KURNOOL DISTRICT. ...PETITIONER AND POWER DISTRIBUTION CORPORATION 1.THE AP STATE LIMITED APSPDCL, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, VIJAYAWADA. CHAIRMAN AND MANAGING DIRECTOR, APSPDCL CORPORATE OFFICE, TIRUPATI. 2.THE SUPERINTENDING ENGINEER, APSPDCL, VIDYUTH 3.THE BHAVAN, OPP. NEW BUS STAND, KURNOOL. DIVISIONAL OFFICER, DIVISIONAL ENGINEER, APSPDCL, OPP. KVR HOSPITAL, KURNOOL. 4.THE DIVISIONAL ASSISTANT DIVISIONAL ENGINEER, 5.THE
2 OFFICER, APSPDCL, OPP. KVR HOSPITAL, KURNOOL 6.THE ASSISTANT ENGINEER ESTATE, APSPDCL, KALLUR MANDAL, KURNOOL DISTRICT. SUB-STATION, INDUSTRIAL ...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 may be pleased to issue an
order, or a direction, or a writ, more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent Nos. 2 to 6 in not considering my representation dated 28.03.2024 and in not permitting me to work in inward and outward Section of Industrial Estate Section Office instead of working at Sub-Station in view of my chronical ailments as illegal, unjust and unconstitutional, and consequently to direct the respondent Nos. 2 to 6 to replace my duties to work Section Office during days, and to pass such at lA 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 may be pleased direct the Respondent Nos. 2 to 6 to consider the representation of the Petitioner dated 28.03.2024, pending' disposal of the main Writ Petition, pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1.KALEEMULLAS Counsel for the Respondent(S):
1. V R REDDY KOWURI(SC FOR APSPDCL)
2. Venkata Rama Rao Kota SC FOR APSPDCL The Court made the following:
0 THE HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.12957 Of 2024 Q R DE R: This writ petition is filed declaring the action of the Respondent Nos.2 to 6 in not considering the representation of the Petitioner dated 28.03.2024 and in not permitting him to work in inward and outward section of Industrial Estate Section Office instead of working at Sub-station in view of this health condition as arbitrary and illegal. 2. The facts leading to the filing of the writ petition are that the Petitioner was appointed as Shift Operator in APSPDCL on Due to the contract basis and is working as such ever since, nature of job, the Petitioner developed cervical spondylosis and is unable to perform the shift operator duties and therefore, a representation was made to Respondent No.3 on 28.03.2024 seeking for alternate employment in the Respondent-Corporation. 3. Petitioner also relied upon the medical certificates issued by Sri Gayatri Hospital. Kurnool and inpatient bill from MAA Hospitals Pvt., Ltd., Hyderabad in support of his contention the representation of the Petitioner is not being considered, the present writ petition is filed. . As
2
4.
Sri Syed Maleemullah, learned counsel for the Petitioner contended that though the writ petition is of the year 2024, no counter affidavit has been filed nor the representation is being considered. 5. Learned standing counsel would submit that the representation of the Petitioner would be considered as expeditiously as possible. 6. Noting the respective
submissions, the writ petition is
disposed of directing the Respondents to consider the representation of the Petitioner dated 28.03.2024 after taking medical opinion regarding medical condition of the Petitioner for alternative employment in Respondent-Corporation. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed.
Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR // ^ SECTION C //TRUE COPY// OFFICER To,
1. The Chairman and Managing Director, Andhra Pradesh State Power Distribution Corporation Limited APSPDCL, Vijayawada.
2. The Chairman and Managing Director, APSPDCL Corporate Office, Tirupati.
3. The Superintending Engineer, APSPDCL, Vidyuth Bhavan, 0pp. New Bus stand, Kurnool.
4. The Divisional Engineer, Divisional Officer, APSPDCL, 0pp. KVR Hospital, Kurnool,
^ .
5. The Assistant Divisional Engineer, Divisional Officer, APSPDCL, Opp. KVR Hospital, Kurnool.
6. The Assistant Engineer, Sub-Station, Industrial Estate, APSPDCL, Kallur Mandal, Kurnool District.
7. One CC to Sri Kaleemulla S, Advocate [OPUC]
8. One CC to Sri V R Reddy Kovvuri, (SC for APSPDCL) [OPUC]
9. One CC to Sri Venkata Rama Rao Kota, SC for APSPDCL [OPUC] Two CD Copies
10. RAM (gsg)
HIGH COURT DATE0:29/08/2025
ORDER WP NO. 12957 OF 2024 DISPOSING OF THE WP WITHOUT COSTS