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High Court of Andhra Pradesh · body

2025 DAILYLAW 51722 (AP)

L.B. Venkata Subba Reddy v. The AP GENCO,

WP/25976/2016 · 2025-12-18

Maheswara Rao Kuncheam

body2025

Judgment text

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MRK,J W.P.No.25976 of 2016 APHC010813142016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY,THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 25976/2016 Between: 1. L.B. VENKATA SUBBA REDDY, S/O. RAMA SUBBA REDDY, AGE: 31 YEARS, OCC: UN-EMPLOYEE, R/O. N. ANANTHAPUR VILLAGE & POST, CHAPADU MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE AP GENCO, REP. BY ITS MANAGING DIRECTOR, VIDYUTH SOUDHA, SOMAJIGUDA, KHAIRATABAD, HYDERABAD. 2. THE DIRECTOR HR, AP GENCO, VIDYUTH SOUDHA, SOMAJIGUDA, KHAIRATABAD, HYDERABAD. 3. THE JOINT SECRETARY PERSONNEL, AP GENCO, VIDYUTH SOUDHA, SOMAJIGUDA, KHAIRATABAD, HYDERABAD. 4. THE CHIEF ENGINEER OM, RAYALASEEMA THERMAL POWER PROJECT, V.V.REDDY NAGAR, KADAPA, YSR KADAPA DISTRICT. 5. THE DISTRICT COLLECTORCUM, CHAIRMAN FOR SELECTION COMMITTEE UNDER LAND-OUSTERS QUOTA, YSR KADAPA DISTRICT, KADAPA. ...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 to to issue a writ or order, orders or directions more particularly one in MRK,J W.P.No.25976 of 2016 the nature of Writ of Mandamus - i. declaring the action of the 1st and 2nd respondents in not giving approval to the 4th respondent to fill up the left over 26 Junior Plant Attendant (JPA) vacancies with the land losers, who are qualified as on today, by exercising the discretionary power conferred to them in clause-18 of the Supplemental Notification dt.17-10-2011 as illegal, arbitrary, discriminative, non-application of mind, opposed to the doctrine of legitimate expectation, contrary to the spirit of G.O.Ms.No.98, dt.15-04- 1986 besides violative of the Arts.14 & 16 of the Constitution of India; and ii. consequently, direct the 1st and 2nd respondents to accord approval to the 4th respondent to appoint the petitioner along with other similarly situated land losers as JPAs against 26 left over JPA general vacancies in the Rayalaseema Thermal Power Project (RTPP), Kadapa duly considering the fact that the petitioner was interviewed on 24-01-2014 by the District Selection Committee (DSC) headed by the 5th respondent by according all incidental and consequential benefits on par with JPA appointees in pursuance of supplemental notification dt.17-10-2011; and pass IA NO: 1 OF 2016(WPMP 32117 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 representation dt.20-06-2016 and reminder representation dt.21-07-2016 of the petitioner in order to appoint him as Junior Plant Attendant (JPA) against the left over 26 JPA general vacancies without referring to the fact that the petitioner obtained M qualification subsequent to recruitment notification dt.17-10-2011 and pass Counsel for the Petitioner: 1. PEETA RAMAN Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. K.KRISHNABUSHAN CHOWDARY SC For APGENCO MRK,J W.P.No.25976 of 2016 The Court made the following ORDER: The writ petition is filed under Article 226 of Constitution of India, seeking the following main prayer:- “……to issue a writ or order, orders or directions more particularly one in the nature of Writ of Mandamus - i. declaring the action of the 1st and 2nd respondents in not giving approval to the 4th respondent to fill up the left over 26 Junior Plant Attendant (JPA) vacancies with the land losers, who are qualified as on today, by exercising the discretionary power conferred to them in clause-18 of the Supplemental Notification dt.17-10-2011 as illegal, arbitrary, discriminative, non-application of mind, opposed to the doctrine of legitimate expectation, contrary to the spirit of G.O.Ms.No.98, dt.15-04- 1986 besides violative of the Arts.14 & 16 of the Constitution of India; and ii. consequently, direct the 1st and 2nd respondents to accord approval to the 4th respondent to appoint the petitioner along with other similarly situated land losers as JPAs against 26 left over JPA general vacancies in the Rayalaseema Thermal Power Project (RTPP), Kadapa duly considering the fact that the petitioner was interviewed on 24-01- 2014 by the District Selection Committee (DSC) headed by the 5th respondent by according all incidental and consequential benefits on par with JPA appointees in pursuance of supplemental notification dt.17-10-2011” 2. The grievance of the petitioner is with regard to the non-consideration of the petitioner’s candidature under the land losers quota in the respondent Corporation. 3. At the time of considering the matter, learned standing counsel appearing for the respondent Corporation, submits that the issue involved in MRK,J W.P.No.25976 of 2016 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 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 candidature of the petitioner under the land losers quota whenever the recruitment process for the posts is undertaken in the 2nd respondent Corporation. MRK,J W.P.No.25976 of 2016 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: 19.12.2025 Dvs MRK,J W.P.No.25976 of 2016 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 201 WRIT PETITION No.25976 of 2016 Date: 19.12.2025 Dvs