THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION Nos.13815, 1634 and 5806 of 2019 In W.P.No.13815 of 2019: P.Bala Krishna Reddy, S/o Gurvi Reddy, Aged 42 years, R/o Poorumavilla, Kadapa District and two others … Petitioners Versus The Andhra Pradesh Power Generation Corporation Limited, rep. by its Chairman & Managing Director, Vidyut Soudha, Gunadala, Vijayawada and another. … Respondents Counsel for the petitioners : Sri G.V.Shivaji Counsel for respondents : Sri M.Vidya Sagar learned Standing Counsel for APGENCO In W.P.No.1634 of 2019: J.Nagesh, S/o Subbarayudu, aged about 34 years, Occ: Previously worked as helper inAPGENCO, R/o H.No.1/59, Bondalaguntaunta Village, Muddanuru Mandal, Kadapa District. … Petitioner Versus The State of Andhra Pradesh, rep. by its Principal Secretary Department of Energy, Secretariat Buildings, Velagapudi, Guntur District and 8 others. … Respondents Page 2 of 9 SRS,J W.P.Nos.13815 1634 & 5806 of 2019 Counsel for the petitioner : Sri N.Ashwani Kumar Counsel for respondents : Learned Govt. Pleader for Energy Sri G.V.Shivaji, learned counsel for R-6 to R-9 Sri M.Vidya Sagar, learned Standing Counsel for APGENCO In W.P.No.5806 of 2019: Ramigalla Ramanaiah, S/o Venkataiah, aged about 32 years, R/o D.No.1/249, RTPP Road, Chilmakur Village, YSR Kadapa District. … Petitioner Versus The State of Andhra Pradesh, rep. by its Principal Secretary Department of Energy, Secretariat Buildings, Velagapudi, Guntur District and 10 others. … Respondents Counsel for the petitioner : Sri N.Ashwani Kumar Counsel for respondents : Learned Govt. Pleader for Energy Sri G.V.Shivaji, learned counsel for R-8 to R-11 Sri M.Vidya Sagar, learned Standing Counsel for APGENCO Page 3 of 9 SRS,J W.P.Nos.13815 1634 & 5806 of 2019 COMMON ORDER Since, subject matter of these three writ petitions, is interconnected, they are disposed of by this common order. 2. Writ Petition No.13815 of 2019 is filed under Article 226 of the Constitution of India seeking the following relief:- “to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned action of the 1st respondent in issuing Memo No.D (HR&IR)/JS(D)/DS(Estt)/AS(IR)/PO.H/13/2019, dated 23.07.2019 and consequential Memo No.DE/O&MR/RTPPP/GM(HR)/PO(A)JAO/A3/F.P/D.No.C- 38, 39, 40/19, dated 29.08.2019, as illegal, arbitrary and violative of Article 14 of the Constitution of India, apart from violative of principles of natural justice, consequently set aside the same and pass such other order or orders may deem fit andproper in the circumstances of the case”. 3. 3. Writ Petition No.1634 of 2019 is filed under Article 226 of the Constitution of India seeking the following relief:- “to issue a Writ, order or direction more particularly one in the nature of 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, 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 Junior Plant Attendant under Physically handicapped quota pursuant to Page 4 of 9 SRS,J W.P.Nos.13815 1634 & 5806 of 2019 Notification No. 01/CGM/HR/2010 dated 05.01.2011 and pass such other order or orders may deem fit and proper in the circumstances of the case.” 4. Writ Petition No.5806 of 2019 is filed under Article 226 of the Constitution of India seeking the following relief:- “to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus in not considering the case of the petitioner (Hall Ticket No.303252) for appointment of Junior Plant Attendant under Physically Handicapped quota pursuant to Notification No:01/CGM/HR/2010 dated 05.01.2011 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 Junior Plant Attendant under Physically handicapped quota pursuant to Notification No. 01/CGM/HR/2010 dated 05.01.2011 and pass such other order or orders may deem fit and proper in the circumstances of the case.” 5. The case of the petitioners in W.P.No.13815 of 2019, is that, petitioners appeared for selection for the post of Junior Plant Attendant pursuant to the notification issued by respondent No.1 vide notification No.01/CGM(HR)/2000, dated 05.01.2011 and supplemental Notification No.01/CGM(HR)/ 2011, dated 17.10.2011. Petitioners were selected basing on the merit marks for the posts earmarked under Physically Page 5 of 9 SRS,J W.P.Nos.13815 1634 & 5806 of 2019 Handicapped (OH) category. In the month of October, 2013, petitioners joined duties and since then they have been working as Junior Plant Attendants under respondent No.2. (a) While so, upon anonymous complaints given by unsuccessful candidates, the respondent authorities subjected the petitioners to undergo medical examinations at RIMS, Kadapa and further directed to report for medical examination at K.G.Hospital, Visakhapatnam. The authorities of K.G.Hospital sent reports against the petitioners without conducting any medical examination. Therefore, the petitioners made representation dated 02.03.2019 to respondent No.1 vide Letter No.CE/O&M/RTPP/GM(HR)/DO(B)/JAO/B.3/F.P&5/D.No.940 /19, dated 14.03.2019. The Managing Director of respondent No.1– Corporation sent a Memo dated 23.07.2019 to respondent No.2 requesting to issue show cause notice to the petitioners. Respondent No.2 issued show cause notice dated 29.08.2019 to the petitioners, calling for their explanation within a period of 15 days. Aggrieved by the said show cause notices, writ petitions were filed. 6. Heard learned counsel for the petitioners and Sri M.Vidya Sagar, learned Standing Counsel for respondent Nos.1 and 2. Page 6 of 9 SRS,J W.P.Nos.13815 1634 & 5806 of 2019 7. Learned counsel for the petitioners would contend that the petitioners joined in service in the year 2013 against the post reserved for Physically Handicapped persons. After verification of all the certificates, respondent authorities issued proceedings to the petitioners in the year 2013. Learned counsel would also submit that at the time of joining, respondent authorities verified all the certificates including medical reports and after satisfying with the same, issued appointment orders to the petitioners. Basing on the anonymous complaints given by unsuccessful candidates, petitioners were subjected to medical examination at K.G.Hospital, Visakhapatnam. The petitioners were supposed to attend for medical examination on 03.01.2019, however, they attended on 03.01.2019. Doctors by getting X-ray, without conducting examination submitted their report. Basing on the said report, respondent authorities issued show cause notices to the petitioners. 8. On the other hand, learned Standing Counsel would submit that the petitioners were issued show cause notices on 29.08.2019. He would further submit that basing on the explanations submitted by the petitioners, necessary proceedings, as per the regulations, will be initiated. Page 7 of 9 SRS,J W.P.Nos.13815 1634 & 5806 of 2019 9. The apprehension of the petitioners, as can be seen from the writ affidavit is that, the respondent authorities basing on the report submitted by Superintendent, K.G.Hospitals, Visakhapatnam, are initiating action. However, a perusal of the show cause notice would indicate that respondent No.2 issued show cause notice seeking explanation from the petitioners. Had the petitioners submitted their explanation, the authorities would have considered the same objectively. However, against the show cause notice writ petitions were filed. Unless the petitioners submit explanation, the apprehension of the petitioner that the respondent authorities will initiate action does not arise. 10. In view of the facts and circumstances of the case and considering the contentions of learned Standing Counsel, petitioners shall submit explanation to the resodnent authorties within a period of three (3) weeks from the date of reciet of the copy of the order. The petitioners if necessary, also request the authority to subject themselves for any further medical examination before any other Government agency. Upon submitting the explanation, respondent No.2 shall follow procedure contemplated under APGENCO Appeal Regulations and pass appropriate orders, strictly in accordance with law. Page 8 of 9 SRS,J W.P.Nos.13815 1634 & 5806 of 2019 11. With the above direction, Writ Petition No.13185 of 2019 is disposed of. 12. In view of the orders passed in W.P.No.13185 of 2019, nothing survives for adjudication in W.P.Nos.1634 and 5806 of 2019 and hence, they are closed. There shall be no order as to costs. As a sequel, all the pending miscellaneous petitions shall stand closed. _________________________ SUBBA REDDY SATTI, J Date : 22.02.2023 KA Page 9 of 9 SRS,J W.P.Nos.13815 1634 & 5806 of 2019 225 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION Nos.13815, 1634 and 5806 of 2019 Date : 22.02.2023 KA