1 APHC010171212021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 10707/2021 Between: 1. SHAIK MOHAMMED UNUS BASHA,, S/O. ABDUL GAFFAR, AGED ABOUT 49 YEARS, OCC CONTRACT WORKER, OPERATION SECTION OLD TOWN, KURNOOL TOWN. R/O. H.NO. 46/161-10, BUDHAVAR PET, PADMA CHANDRA HOSPITAL, KURNOOL, KURNOOL DISTRICT. ...PETITIONER AND 1. SOUTHERN POWER DISTRIBUTION COMPANY OF A P LTD, (APSPDCL) REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, APSPDCL. 2ND FLOOR, CORPORATE OFFICE, KESAVAYANAGUTTA, TIRUPATHI. 2. THE CHIEF GENERAL MANAGER HRD, APSPDCL, D.NO. 19-13- 65/A, VIDYUT NILAYAM, KESHAVAYANA GUNTA, TIRUPATHI, CHITTOOR DISTRICT. 3. THE SUPERINTENDING ENGINEER, OPERATION, APSPDCL, KURNOOL. 4. THE EXECUTIVE ENGINEER, OPERATION, APSPDCL, KURNOOL, KURNOOL 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 topleased to issue a Writ, order or direction more in the nature of Writ 2 of Mandamus, declaring the action of the respondent authorities in not granting appointment to the petitioner as Junior Lineman by exempting him from pole climbing test even though the petitioner met with departmental accident at the time of his employment is illegal, arbitrary and violative of Art 14, 19 and 21 of Constitution of India and consequently direct the respondent authorities to exempt the pole climbing test and provide employment of Junior Lineman to the petitioner IA NO: 1 OF 2021 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 pleased to direct the respondent authorities to consider the case of the petitioner for appointment as Junior Lineman by exempting the petitioner from pole climbing test due to he met with departmental accident during the course of employment Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. Venkata Rama Rao Kota SC FOR APSPDCL The Court made the following: ORDER:- Heard Sri Rambabu Koppineedi, learned counsel for the petitioner and Sri Venkata Rama Rao Kota, learned Standing Counsel for APSPDCL. 2. The present Writ Petition has been filed challenging the action of the respondents in not considering the case of the petitioner for appointment as Junior Lineman, by granting exemption from passing the test of pole climbing. 3 3. It is contended that the petitioner has worked as a Pole-to-Pole Worker at Old Town Station, Kurnool, since 01.10.2000. During LT line rectification work, he fell from a pole and suffered a severe left shoulder injury. His application for the CJLM post was later rejected because he could not pass the test of climbing the pole. The petitioner submitted a representation with medical certificates, seeking exemption from the pole-climbing test, as the injury occurred in a departmental accident while on duty. After his request was denied, he filed W.P. No.20017 of 2010 before this Court. An interim order was passed in the said writ petition directing the respondents to consider his case, but the Writ Petition was later dismissed as infructuous. 4. The respondents filed a counter-affidavit stating that the petitioner was unable to attend the interview due to an injury at the time of recruitment. The petitioner had suffered a departmental accident prior to the issuance of the CJLM Notification 2006, but he attended the interview on 05.06.2007. Moreover, the petitioner was given another opportunity to undergo the pole-climbing test on 29.12.2012, for which he submitted a self-declaration stating that he was unable to climb the pole. Pole climbing is a compulsory requirement as per the CJLM notification and for discharging the duties of the post of CJLM. 5. Considered the rival submissions. 6. The petitioner seeks exemption from undergoing the pole climbing test for being appointed as Junior Line Man. In my considered view, 4 the said relief sought by the petitioner is unsustainable having regard to the fact that the nature of the duties attached to the post itself requires climbing of electric poles, which is an essential technical qualification of a Junior Line Man, which cannot be dispensed with or given an exemption or waived under any circumstances. 7. The Writ Petition is accordingly dismissed. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:31.12.2025 MVK 5 245 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.10707 of 2021 Date:31.12.2025 MVK