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2025 DAILYLAW 41202 (AP)

POTHALA PEDDA PULLAIAH, KADAPA DIST & ANR v. CHAIRMAN, AP POWER GENCO CORP LTD., HYDERABAD & 7 OTHERS

WP/7502/2016 · 2025-10-27

Maheswara Rao Kuncheam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010526872016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 7502/2016 Between: 1. POTHALA PEDDA PULLAIAH, KADAPA DIST & ANR, SON OF P. CHINNA SUBBANNA, AGED ABOUT 43 YEARS, OCC: UN-EMPLOYEE, RESIDENT OF 3/57, KALAMALA VILLAGE, YERRAGUNTLA MANDAL, KADAPA. 2. GUTTI NARASIMHA PRASAD, SON OF G. CHINNA CHENCHANNA, AGED ABOUT 25 YEARS, OCC: UN-EMPLOYEE, RESIDENT OF CHAGALAMARRI, KURNOOL DISTRICT. ...PETITIONER(S) AND 1. CHAIRMAN AP POWER GENCO CORP LTD HYDERABAD 7 OTHERS, REPRESENTED BY ITS CHAIRMAN, VIDYUTH SOUDHA, HYDERABAD 2. THE MANAGING DIRECTOR, ANDHRA PRADESH POWER GENERATION CORPORATION LTD., VIDYUTH SOUDHA, HYDERABAD. 3. THE CHIEF ENGINEER, RAYALASEEMA THERMAL POWER PROJECT, KADAPA. 4. THE JOINT SECRETARY PERSONNEL, ANDHRA PRADESH POWER GENERATION CORPORATION LTD., VIDYUTH SOUDHA, HYDERABAD. 5. THE DISTRICT COLLECTORCUMCHAIRMAN, DISTRICT SELECTION COMMITTEE, KADAPA, KADAPA DISTRICT. 6. PONNA SURENDRA BABU, SON OF BALA SUBBAIAH, RESIDENT OF KALAMALLA VILLAGE, YERRAGUNTLA MANDAL, KADAPA DISTRICT. 7. P VENKATA PRASAD, SON OF BALACHANDRUDU, RESIDENT OF KALAMALLA VILLAGE, YERRAGUNTLA MANDAL, KADAPA DISTRICT 8. LLLURU RAVI KISHORE REDDY, SON OF I. MADHUSUDHAN REDDY, RESIDENT OF KALAMALLA VILLAGE, YERRAGUNTLA MANDAL, KADAPA DISTRICT. 2 ...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 toto issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, directing the respondents to follow the seniority list submitted by the 5th respondent in Reference No.A3/ 1109 /2011 dated 10.02.2014 while making appointment to various categories either on contract basis i.e., contract labour or on basis of outsourcing as per the seniority list by setting aside the appointments of in eligible candidates i.e., respondents 6 to 8 and others herein and further to direct to follow the seniority list scrupulously and consider the case of the petitioner for appointment under Land Losers Quota as per their seniority; IA NO: 1 OF 2016(WVMP 1851 OF 2016 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 vacate the interim order dated 09.03.2016 in WP.M.P. No.9577 of 2016 in WP.No. 7502 of 2016 in the interest of Justice and pass IA NO: 2 OF 2016(WPMP 9577 OF 2016 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 appointment as contract labourers under Displaced Persons Quota as per the recommendations of the District Selection Committee vide their Rel.No.A3/1109/2011 dated 10.02.2014 of the 4th respondent herein, pending disposal of the Writ Petition; Counsel for the Petitioner(S): 1. P RAVI SHANKER Counsel for the Respondent(S): 1. GP FOR ENERGY (AP) 2. K. KRISHNABUSHAN CHOWDARY, SC For APGENCO The court made the following ORDER:- 3 The writ petition is filed under Article 226 of Constitution of India, seeking the following main prayer:- “……directing the respondents to follow the seniority list submitted by the 5th respondent in Reference No.A3/ 1109 /2011 dated 10.02.2014 while making appointment to various categories either on contract basis i.e., contract labour or on basis of outsourcing as per the seniority list by setting aside the appointments of in eligible candidates i.e., respondents 6 to 8 and others herein and further to direct to follow the seniority list scrupulously and consider the case of the petitioner for appointment under Land Losers Quota as per their seniority…….” 2. The grievance of the petitioner is with regard to the appointment of the petitioner as contract labour or on an outsourcing basis in the respondent Corporation under the land losers quota. 3. At the time of considering the matter, Sri Ravikanth, learned counsel appearing for the 2nd respondent Corporation, submits that the issue involved in the lis, had already been dealt with by the Hon’ble Division Bench of this Court in W.A. No.908 of 2023 dated 03.11.2023. The said judgment was served to the learned counsel appearing for the petitioner. 4. In response, the learned counsel appearing for the petitioner acceded to the above submission. 5. Having regard to the submissions made, this Court deems it appropriate to dispose of the writ petition, in the light of the directions of Hon’ble Division Bench of this Court in Writ Appeal No.908 of 2023, dated 03.11.2023. The 4 order of the Hon’ble Division Bench, which is relevant in the present context, reads as follows: “…..13. A perusal of G.O.Ms.No.98, dated 15.04.1986 as well as the communications between the respondents and land losers, set out before this Court would show that the respondents had only assured the land losers that 50% of the posts, under the appropriate categories, would be reserved for the land losers and they would be given employment as and when recruitment for these posts is held. 14. In such circumstances, we do not find any ground to interfere with the order of the Learned Single Judge of this Court dated 14.03.2023 and accordingly, this Writ Appeal is dismissed…….” 6. Since the directions issued by the Hon’ble Division Bench are binding, the 2nd respondent Corporation shall look into the matter and take necessary action, in considering the case of the petitioner under the land losers quota whenever the recruitment process for the posts is undertaken in the 2nd respondent Corporation. Accordingly, the writ petition is disposed of. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 28.10.2025 GVK 5 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.7502 of 2016 Date: 28.10.2025 GVK