Ik. IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N ^ WRIT PETITION NO: 22497 OF 2012 Between: 1. L. Anil Babu, S/o Vijaya Rao, aged 39 years, R/o Q.No.F.2, Existing Colony, Near VTPS Ground, VTPS, Ibrahimpatnam Mandal, Krishna District. 2. CH. Rama Rao, S/o Gopala Krishnaiah, aged 43 years, R/o Tummalapalem, Ibrahimpatnam Mandal, Krishna District. 3. K.T. Venkayya, S/o Ramayya, aged 53 years, R/o D.No.4-25, Elaprolu, IbrahimpatnamMandal, Krishna District. ...PETITIONERS AND 1. APGENCO Rep by its Managing Director, Vidhyuth Soudha, Hyderabad. 2. The Chief General Manager H.R, APGENCO, Vidhyuth Soudha Hyderabad. 3. The Chief Engineer, Dr. Narla Tata Rao Thermal Power Project, (Dr.N.T.T.P.S) (VTPS), Ibrahimpatnam, Krishna 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 issue a writ, order or direction more particularly one in the nature of writ of mandamus to declaring the impugned action of the respondents in not allowing the petitioners the regular service and notional seniority w.e.f. 06-12-1996 and pecuniary benefit w.e.f. 09-12-1997 while extending such benefits to all other contract labour absorbed under the ft scheme of absorption vide B.P.Ms.No.37, dated 18-05-1997 and B.P.Ms.No.272, dated 31-12-1997 and B.P.Ms.No.326, dt.14-3-1998 and thereby denying the petitioners the equal treatment and further action of the ; rlsf^ndents in fixing less scale to the petitioner while fixing higher scale to ither-contract labour absorbed under the same scheme is highly illegal, arbitrary and violative of Article 14 of the Constitution of India and " consequently direct the respondents to allow the service benefit w.e.f 6-12- 1996 and pecuniary benefit from 9-12-97 as per B.P.Ms.326, dt.14-3-98 as allowed to the other similarly situated persons Vide memo No .CEE/0&M/DR.NTTPS/Adm/C.3/F.8/D.No.2813/11, dt.14-12-2011 as per the orders of this Hon'ble Court in writ Petition No.2179/2006 Dt. 19-11-2010. »• 'i I.A. NO: 1 OF 2012(WPMP. NO: 28819 OF 2012) 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 to direct the respondents to consider the case of the petitioners for notional seniority w.e.f 6-12-1996 and for pecuniary benefits from 9-12-1997 as extended from similarly situated candidates as per the orders of this Hon'ble Court made in W.P.No.2179/2006, dt. 19-112010 pending disposal of the above writ petition. lA NO: 1 OF 2018 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 to permit the petitioners to file the present Additional Affidavit along with Undertaking from all the petitioners in the interest of justice. Counsel for the Petitioners: SRI G. V. SHIVAJI ^ Counsel for the Respondent Nos.1 to 3: SRI NAGARAJU NAGURU / (SC FOR APGENCO) The Court made the following: ORDER APHC010533622012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY. THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22497/2012 Between: L. Anil Babu, and Others ...PETITIONER(S) AND Apgenco Rep By Its Managing Director and Others Counsel for the Petitioner(S): 1.G VSHIVAJI Counsel for the Respondent{S): 1. K ARUNA(SC FOR APGENCO) The Court made the following: ...RESPONDENT{S) *- 3 2 ORDER:- The petitioners are claiming notional seniority from 06.12.1996 in terms of B.P.Ms.No.326 dated 14.03.1998. The learned counsel appearing for the petitioners submits that the 2. petitioners were initially engaged as contract laborers and have been working since in the year 1993 till the date of their regular absorption. The petitioners were regularized on 27.06.2000. It is submitted that though there were directions from the Court, the respondents have delayed the regularization. It is also submitted that several contract laborers, who joined much later than the petitioners, were absorbed earlier and granted service and pecuniary benefits. However, the petitioners were denied the said benefits. The respondent corporation absorbed the contract laborers pursuant to 3. the scheme under B.P.Ms.No.37 and B.P.Ms.No.326. It is submitted by the learned counsel for the petitioners that similarly 4. placed employees had filed W.P.No.2179 of 2006, and this Court allowed the writ petition, directing the respondents to extend the benefits of B.P.Ms.No.326 dated 14.03.1998 to the petitioners therein, notwithstanding their absorption in service under the subsequent Memo dated 15.04.2002. The petitioners therein also filed a contempt case as the order was not implemented. Thereafter, the respondents have implemented the directions passed by this Court in W.P.No.2179 of 2006 and also submit that the petitioners are similarly placed as the petitioners who filed W.P.No.2179 of 2006. 3 5. Considering the identical nature of the claim, this Court is inclined to direct the respondents to extend the benefits of B.P.Ms.No.326 dated 14.03.1998 to the petitioners, notwithstanding their absorption in service under the subsequent Memo dated 29.06.2000. 6. Accordingly, this Writ Petition is allowed. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. SD/- K.J. RAJA BABU ASSISTANT REGI^AR //TRUE COPY// SECTION OFFICER To, APGENCO, Vidhyuth Soudha, Vijayawada. H.R, APGENCO, Vidhyuth Soudha 1. The Managing Director 2. The Chief General Manager Vijayawada. 3. The Chief Engineer. Dr. Narla Tata Rao Thermal Power Project, (Dr.N.T.T.P.S) (VTPS), Ibrahimpatnam Krishna District. CC to Sri G. V. Shivaji, Advocate [OPUC] ^ SC for APGENCO[OPUC] 4. One 5. One CC to Sri Nagaraju Naguru 6, One CC to M/s,K. Aruna(SC for APGENCO) [OPUCj 7. Three CD Copies. ssb HIGH COURT DATED:24/01/2025 ORDER ^ 0 'I MAR 2025 « ,0 ^ . Curreni aeaiun WP.No.22497 of 2012 b’ ALLOWING THE W.P. WITHOUT COSTS