IN THE HIGH COURT OF ANDHRA PRADESH::A (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1634 OF 2019 \, \ Between: J Nagesh, S/o. Subbarayudu, aged about 34 as helper in APGENCO R/o. Muddanuru Mandal, Kadapa District years, Occ: Previously worked H. No. 1/59, Bondalaguntaunta village, ...PETITIONER AND 1. The State of Andhra Pradesh rep. by its Principal Secretary, Department of Energy, Secretariat buildings, velagapudi 2. APGENCO, rep. by its Managing Director, , guntur district. Vidyut soudha, Vijayawada Krishna district 3. APGENCO, rep. by its Chief General Manager, vidyut Vijayawada, Krishna district soudha. 4. Chief executive kadapa district engineer, APGENCO, kalamala. yerrapuntale mandal. 5. The Director of medical education, Vijayawada 6. P. Nagaraju, So. Nagamaiah krishna district aged Major, Junior Plant attendant, -1, kadapa district aged Major, Jr. plant attendant RTPP, APGENCO (RTPP) kalamaja, Yerrapuntala mandal 7. B. Hari, S/o. B. Narayana yerraguntia, kadapa dist. 8. P. Gangadhar. S/o. B. Rajaratnam RTPP, Yerraguntia, Kadapa dist. 9. P. Balakrishna Reddy, S/d ^ Attendant, RTPP, yerraguntia, kadapa dist. . aged Major, jr. plant attendant Gurivi Reddy, aged Major, jr. Plant ...RESPONDENTS i! il 'J 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 a Writ of Mandamus in not / / considering the case of the petitioner for appointment of Junior Plant Attendant under Physically Handicapped quota pursuant to Notification No 01/CGM/HR/20i0 dated 05.01.2011 and is illegal, arbitrary, unjust and in violation of principles of natural justice and Article 14 of the Constitution and consequently direct the Respondents 1 to 4 to appoint the petitioner as IPA Junior Plant Attendant under Physically Handicapped quota Notification No 01/CGM/HR/2010 dated 05.01.2011. pursuant to lA NO: 1 OF 2019 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 1 to 4 to consider the representation dated 19.09.2018 submitted by the Petitioner for the appointment to the post of Junior Plant Attendant, under Physically Handicapped quota pursuant to Notification No 01/CGM/HR/2010 dated 05.01.2011. Counsel for the Petitioner: SRI KODATI RAMYA KRISHNA Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondents No.2 to 4: SRI NAGARAJU NAGURU Counsel for the Respondent No.5: GP FOR MEDICAL HEALTH Counsel for the Respondents No.7 to 9: SRI G V SHIVAJI THE COURT MADE THE FOLLOWING ORDER: / /, 1 APHC010035442019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1634/2019 Between: ...PETITIONER J Nagesh AND ...RESPONDENT(S) The State Of AP and Others Counsel for the Petitioner: 1 .KODATI RAMYA KRISHNA Counsel for the Respondent(S): I.Nagaraju Naguru,Standing Counsel For APGENCO 2.M. VIDYASAGAR, ( STANDING COUNSEL FOR APGENCO ) 3.GP FOR ENERGY (AP) 4.G VSHIVAJI 5.GP FOR MEDICAL HEALTH FW(AP) The Court made the following: 1 t 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1634/2019 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: ..to issue a Writ Order or Direction more particuiarly one in the nature of a Writ of Mandamus in not considering the case of the petitioner for appointment of Junior Plant Attendant under Physically Handicapped quota pursuant to Notification No: 01/CGM/HR/2010 dated 05.01.2011 and is illegal, arbitrary, unjust and in violation of principles of natural justice and Article 14 of the Constitution and consequently direct the Respondents 1 to 4 to appoint the petitioner as IPA Junior Plant Attendant under Physically Handicapped quota pursuant to Notification No 01/CGM/HR/2010 dated 05.01.2011 and pass..." Heard Sri M. Solomon Raju, learned Counsel representing 2. Ms. K. Ramya Krishna, learned Counsel for the Petitioner and Sri Nagaraju Naguru, learned Standing Counsel for the respondents. Learned Counsel for the Petitioner would submit that as per the 3. notification 05.01.2011, 13 posts meant for Physically Handicapped out of them two (2) posts are meant for land losers. Learned Counsel would further i submit that out of 11 persons who were recruited, 4 of them submitted Physically Handicapped certificates by playing fraud on the department. The petitioner is on serial No. 13 so that he may be eligible for the said post i.e.. Junior Plant Attendant. Learned Counsel would further submit that directions may be given to the respondent- Department to consider the candidature of the petitioner in the said notification. 3 4. Learned Standing Counsel for would submit that subject notification i Counsel would further submit copy of the same respondent Nos. 6 to 9 APGENCO for the respondent No.^ IS closed long back. Learned Standing proceedings of the authorities and that the the are placed on record, it shows that the persons i.e., the Guntur for were sent to the Regional Medical Board examination and as per the report of the Regional Medical Board, Guntur, \ they 40% as such they are eligible for are suffering from Physical disability above such post. Learned Standing Counsel material in the case of tbe for dismissal of the petition. 5. Considering the submissions on record, the case of the certificates placed by the appointment under PHC quota. There i the notification, 13 posts would further submit that there I petitioner. Learned Standing Counsel IS no finally prays made and a keen petitioner is based perusal of the material on the alleged Medical at the time of their no dispute about the fact that respondent Nos. 6 to 9 IS as per were meant for Physically Handicapped tosersand out of 11. the quota out of which 2 posts are allotted for land to 9 were selected for the dispute that the orders, have joined i respondent Nos. 6 post of Junior Plant Attendant, respondent Nos. 6 to 9 It is also not in as per their selection and posting in the post as Junior Plant Attendants and have been working since then. The petitioner has approached this Court in the year 2019, by way of filing the present petition on the ground that to 9 played fraud by submitting fake the respondent Nos. 6 medical certificates. In the light of the learned Standing Counsel, submissions made, by the as per the latest 4 medical report of Regional Medical Board, Guntur, examined the respondent Nos. 6 to 9 and found that they suffering from physical disability above Such being the case, the petitioner cannot claim that the being the Serial No. 13 would get the said post. Be that as it may, for the moment. 40%. person with assuming that the respondent Nos. 6 to 9 secured their employment by playing fraud on the department, that cannot automatically entitle the petitioner for his appointment in the said post. The reason being, if the respondent Nos. 6 to 9 are found to be guilty for playing fraud on the department by placing fake medical reports, it is for the department to take appropriate action against them by initiating disciplinary action. That be a ground for the petitioner to seek his employment in their post when the said recruitment notification already closed by filling up the posts. In the light of the aforementioned premises, it is apposite to dismiss the petition. can never 6. In the result, the Writ Petition is dismissed. No order as to costs. Pending applications, if any, shall stand closed. Sd/- G HELA NAIDU assistant registrar SECTjpN"^^! 1. One CC to SRI KODATI RAMYA KRISHNA Advocate fOPUCl 2. ^Cs to GP FOR ENERGY (AP), High Cour^^^^Kdesh 3. Two CCs to GP FOR MEDICAL HEALTH Pradesh [OUT] 4. One CC to SRI NAGARAJU NAGURU Advocate 5. One CC to SRI GV SHIVAJI Advocate [OPUC] 6. Three CD Copies ^ Psk (gsg) //TRUE COPY// I. ICER i To, (AP), High Court of Andhra [OPUC] HIGH COURT DATED:01/04/2025 ORDER WP.No.1634 of 2019 DISMISSING THE WRIT PETITION WITH NO COSTS