IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) /■ MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE V M' PRESENT // « N. THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19488 OF 2024 Between: Shaik Chand Bhai Gari Hussen Peer, S/o.Shaik Chand Bhai Gari Khasim Valli, Aged about 38 years, Occ: Ex-Shift Operator, Tekurpet Substation, APSPDCL, R/o.D.No.15-32/2, Sri Ram Nagar, Porumamilla Village and Mandal YSR District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Energy Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Andhra Pradesh Southern Power Distribution Company Ltd., Having its office at 9-13-65/A, Srinivasapuram, Tiruchanoor Road, Tirupati-517503 rep., by its Chairman-Cum-Managing Director. 3. The Superintending Engineer, Kadapa Operation Circle, The Andhra Pradesh Southern Power Distribution Company Ltd., Kadapa, YSR District. 4. The Executive Engineer, Mydukur Operation Division, Mydukur, YSR District. 5. The Deputy Executive Engineer, Operation Sub-Division Porumamilla, APSPDCL. 6. P.Narasa Reddy, S/o.Not Known, Aged about 50 years, Occ: Contractor, Office at D.No.12/37, Siddavatam Road, Badvel, YSR District. ...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 pass an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring inaction on part of the respondents No.3 and 4 in considering the report submitted by the respondent No.5 in Lr.No.DEE/O/PML/JE/F.D.No.322/24, dated 10.07.2024 and taking further action on the same by permitting the respondent No.6 to engage the petitioner services as Shift Operator at Terukpeta Substation, Porumamilla Village and Mandal, YSR District as arbitrary, illegal, colourable exercise of po\A/er and contrary to the well established legal principles apart from being violative of the Fundamental Rights guaranteed to the petitioner under Articles, 14, 19 and 21 of the Constitution of India and consequently direct the respondents No.3 and 4 to take appropriate action on the report submitted by the respondent No.5 in Lr.No.DEE/O/PML/JE/F.D.No.32 2/24, dated 10.07.2024 and re-engage the services of the petitioner as Shift Operator at Terukpeta Substation, Porumamilla Village and Mandal, YSR District and pass appropriate orders in accordance with law. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents No. 3 to consider the representation, dated 11.06.2024 to reinstate the petitioner into service as Shift Operator at Terukpeta Substation, Porumamilla Village and Mandal, YSR District and pass appropriate orders in accordance with law, till the disposal of the above Writ Petition. Counsel for the Petitioner : SRI ABHAY FOR SRI V. R. REDDY KOWURI Counsel for the Respondent No.1 : GP FOR SERVICES Counsel for the Respondent Nos.2 to 5 : SMT. JYOTHI RATNA ANUMOLU, SC FOR APSPDCL Counsel for the Respondent No.6 : NONE APPEARED The Court made the following: ORDER APHC010380432024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0:*0 [3331] 0l:s-v?I MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19488/2024 Between; 1.SHAIK CHAND BHAl GARl HUSSEN PEER, S/O.SHAIK CHAND BHAI GARl KHASIM VALLl, AGED ABOUT 38 YEARS, OCC EX-SHIFT R/O.D.NO.15- OPERATOR, TEKURPET SUBSTATION, APSPDCL SRI RAM NAGAR, PORUMAMILLA VILLAGE AND MANDAL 32/2 YSR DISTRICT. ...PETITIONER AND ~ ANDHRA PRADESH, REP., BY ITS PRINCIPAL ENERGY DEPARTMENT, SECRETARIAT BUILDINGS, 1.THE STATE OF SECRETARY, „ VELAGAPUDI, GUNTUR DISTRICT. PRADESH SOUTHERN POWER DISTRIBUTION OFFICE AT 9-13-65/A, TIRUPATI-517503 2.THE ANDHRA COMPANY LTD, HAVING ITS SRINIVASAPURAM, TIRUCHANOOR ROAD, REP., BY ITS CHAIRMAN-CUM-MANAGING DIRECTOR. SUPERINTENDING ENGINEER, KADAPA OPERATION CIRCLE, 3.THE 4.THE EXECUTIVE ENGINEER, MYDUKUR OPERATION DIVISION, MYDUKUR, YSR DISTRICT. 5.THE DEPUTY EXECUTIVE ENGINEER, OPERATION SUB-DIVISION PORUMAMILLA, APSPDCL. 6.P NARASA REDDY, S/0.NOT KNOWN, AGED ABOUT 50 YEARS, OCC CONTRACTOR, OFFICE AT D.NO.12/37, SIDDAVATAM ROAD, 2 / BADVEL, YSR 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 may be pleased to pass an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring inaction on part of the respondents No.3 and 4 in considering the report submitted by the respondent No.5 in Lr.No.DEE/O/PML/JE/F.D.No.322/24, dated 10.07.2024 and taking further action on the same by permitting the respondent No.6 to engage the petitioner services as Shift Operator at Terukpeta Substation, Porumamilla Village and Mandal, YSR District as arbitrary, illegal, colorable exercise of power and contrary to the well established legal principles apart from being violative of the Fundamental Rights guaranteed to the petitioner under Articles, 14, 19 and 21 of the Constitution of India and consequently direct the respondents No.3 and 4 to take appropriate action on the report submitted by the respondent No.5 in Lr.No.DEE/O/PML/JE/F.D.No.322/24, dated 10.07.2024 and re-engage the Operator at Terukpeta Substation, Porumamilla Village and Mandal, YSR District and pass appropriate orders in accordance with law and pass such lA NO; 1 OF 2024 services of the petitioner as Shift 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 be pleased to direct the respondents No. 3 to consider the may representation, dated 11.06.2024 to reinstate the petitioner into service as Shift Operator at Terukpeta Substation, Porumamilla Village and Mandal, YSR District and pass appropriate orders in accordance with law, till the disposal of the above Writ Petition and pass such Counsel for the Petitioner; 1.VR REDDY KOVVURI Counsel for the Respondent(S); 1.GP FOR ENERGY 2. Venkata Rama Rao Kota SC FOR APSPDCL The Court made the following; 3 X :: ORDER Heard Sri Abhay, learned counsel representing Sri V.R.Reddy Kovvuri, learned counsel for the petitioner, Smt Jyothi Ratna, learned Standing counsel appearing for respondents 2 to 5 and Sri S.Raju, learned Assistant Government Pleader for Services appearing for respondent No.1. The notice in respect of the 6**^ respondent is dispensed with because of the letter addressed by the 4'^ respondent-Executive Engineer, Operation Division, Mydukur to the Contractor vide Lr.No.EE/0/MDK/AEE.T./F .no:53/ D.No:656/24-25, dated 11.09.2024. 2. Learned counsel for the petitioner would submit that the petitioner was initially appointed as Shift Operator (Contract) by the then Contractor, APSPDCL in the year 2007. Since then, the petitioner has been discharging his duties. 3. Be that as it may, the Returning Officer addressed a letter to the District Election Officer & District Collector vide Ref.No.Elec/139/2024, dated 03.04.2024 (Ex.P6), that the petitioner (outsourcing) employee in APSPDCL participated in election canvassing. The said act violates MCC rules. The Returning Officer also addressed a letter to the 4^*^ respondent vide Ref.No.Elec/139/2024, dated 03.04.2024 (Ex.P7) and requested to initiate disciplinary action against the petitioner. The 4'^ respondent, in turn, addressed a letter vide Lr.No.EE/0/MDK/AEE.T./F.no.53 /D.No;03/24, dated 03.04.2024 (Ex.P8) to the 6^'^ respondent-Contractor directing to terminate the petitioner, failing which the Contractor will be blacklisted based on the record available. 4. Learned counsel for the petitioner would submit that in pursuance of Lr.No.EE/O/MDK/AEE.T./F.no.53/D.No;03/24, dated 03.04.2024 (Ex.PS) the Contractor dispensed with the services of the petitioner. 5. 4 / The writ petition was listed on 06.09.2024 and thereafter adjourned at the request of learned Standing counsel. 6. Today when the matter is listed the learned Standing counsel submitted a letter vide Lr.No.EE/0/MDK/AEE.T./F.no:53/D.No:656/24-25, 7. dated 11.09.2024 addressed by the 4‘^ respondent to the Contractor, forwarding the representation made by the petitioner to take necessary action. 8. In fact, as seen from Lr.No.DEE/O/PML/JE/F./D.No.322/24, dated 10.07.2024 (Ex.P1) a letter addressed by the 5*^ respondent to the 4*'' respondent indicates that the petitioner neither has participated in canvassing nor violated the Model code of conduct. 9. The respondent is a Contractor who has been supplying the workforce, based on a contract with the Corporation. Normally, a writ petition under Article 226 of the Constitution of India against the 6*^ respondent is not maintainable. However, in the facts and circumstances, coupled with Ex.P1 and the letter addressed by the 4‘^ respondent to the Contractor, the learned Contractor shall take an appropriate decision as expeditiously as possible. With the above observation the writ petition is disposed of. There shall be no order as to costs. 10. Miscellaneous petitions pending, if any, shall stand closed. ASSISTANT registrar //TRUE COPY// SECTION OFFICER To, Department, State of Andhra Secretariat Buildings, Velagapudi, Guntur District. ^ Director, Andhra Pradesh Southern Distribution Company Ltd., Having its office at 9-13-65/A Srinivasapuram, Tiruchanoor Road, Tirupati-517503. 3. The Superintending Engineer, Kadapa Operation Circle Fradesh Southern Power Distribution Company Ltd District. K y lu Pradesh, The Andhra ., Kadapa, YSR 4. The Executive Engineer, Mydukur Operation Division, Mydukur, YSR District. 5. The Deputy Executive Engineer, Operation Sub-Division Porumamilla APSPDCL 6. One CC to Sri V. R. Reddy Kovvuri, Advocate [OPUC] 7. Two CCs to GP for Services, High Court of Andhra Pradesh. [OUT 8. One CC to Smt. Jyothi Ratna Anumolu, SC for APSPDCL(OPUC) 9. Three C.D. Copies. Cnr e* * HIGH COURT DATED:03/02/2025 g 1 1 FEB 2025 ^ Current Section , ^ ORDER WP.No.19488 of 2024 DISPOSING THE W.P. WITHOUT COSTS