APHC010062082011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3251/2011 Between: 1. M. SIVA RAMA KRISHNA, S/O. M. THAMMU NAIDU CONTRACT WORKER R/O. MOTHUGUDEM VILLAGE ANDMANDAL, EAST GODAVARI DISTRICT 2. K. RAMACHANDRA MURTHY, S/O.SREERAMAMURTHY CONTRACT WORKER R/O. MOTHUGUDEM VILLAGE ANDMANDAL, EAST GODAVARI DISTRICT 3. GUBBALA PREM CHAND, S/O. BABU RAO CONTRACT WORKER R/O. MOTHUGUDEM VILLAGE ANDMANDAL, EAST GODAVARI DISTRICT 4. K. SRINU BABU, S/O.GANGA RAJU CONTRACT WORKER R/O. MOTHUGUDEM VILLAGE ANDMANDAL, EAST GODAVARI DISTRICT 5. N. SUBRAMANI, S/O.N. KUPPU SWAMY CONTRACT WORKER R/O. MOTHUGUDEM VILLAGE ANDMANDAL, EAST GODAVARI DISTRICT 6. K. GURU MURTHY, S/O. N. KUPPU SWAMY CONTRACT WORKER R/O. MOTHUGUDEM VILLAGE ANDMANDAL, EAST GODAVARI DISTRICT 7. N. SWAMYNATHAM, S/O. N. KUPPU SWAMY CONTRACT WORKER R/O. MOTHUGUDEM VILLAGE ANDMANDAL, EAST GODAVARI DISTRICT 8. S. RAMACHANDRAN, S/O. S. NARAYANA MURTHY CONTRACT WORKER R/O. MOTHUGUDEM VILLAGE ANDMANDAL, EAST GODAVARI DISTRICT 9. S. LAXMANA BAPUJI, S/O. S. NARAYANA MURTHY CONTRACT WORKER R/O. MOTHUGUDEM VILLAGE ANDMANDAL, EAST GODAVARI DISTRICT 10. G. CHANDRASEKHAR, S/O. G. SIMHACHALAM CONTRACT WORKER R/O. MOTHUGUDEM VILLAGE ANDMANDAL, EAST GODAVARI DISTRICT 11. G. KEESEVA RAO, S/O. G. SIMHACHALAM CONTRACT WORKER R/O. MOTHUGUDEM VILLAGE ANDMANDAL, EAST GODAVARI DISTRICT ...PETITIONER(S) AND 1. THE MANAGING DIRECTOR, A.P. POWER GENERATION 2 CORPORATION LTD., VIDYUT SOUDHA, SOMAJIGUDA, HYDERABAD 2. THE SUPERINTENDING ENGINEER, O&M, MOTHUGUDEM, KHAMMAM DISTRICT 3. THE SUPERINTENDING ENGIENER, CIVIL ( O&M), CIRCLE, UPPER SILERU, VISAKHAPATNAM 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 toissue a writ or order or direction more particularly one inthe nature of writ of Mandamus declaring the illegal action of the respodnnt sinnot regularizing the services of the petitioners in terms of variosu BPMS Numbers particularly BPMS No. 36, dt. 18.05.1997 and directions of thisHon'ble Court and at the same time absorbing some other contract labourers in Lower Sileru Project area, Mothugudem, East Goavari District and issuing various eligibility conditions at the time of appointment is illegal, arbitraryand violation of Fundamental Rights, rules,Rgulations and judgments of this Hon'ble Court and consequently direct the respondents to regularize the services of the petitioners ibn Lower Sileru Project Area and relax the eligibility conditions at the time of any new appointments or regulatization and pass IA NO: 1 OF 2011(WPMP 4030 OF 2011 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 accept the applications of the petitioners for the post of junior plant Attendants (JPAs) inpursuance of notification NO.01/CGM(HR)/2010 dt. 05-01- 2011 issued by the 1st respondent by relaxing eligibilty qualification mentioned in the above notification pendingdisposal of the main WP and pass IA NO: 1 OF 2016(WVMP 3135 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 orders dt.18-01-2012 passed a WP No. 3251 of 2011 and dismiss the above Writ Petition WP.No.3251 of 2011 with exemplity cost in interest of Justice and pass Counsel for the Petitioner(S): 1. K CHAITANYA Counsel for the Respondent(S): 1. Nagaraju Naguru,Standing Counsel For APGENCO 2. V SESHA KUMARI 3 The Court made the following order:- The erstwhile High Court of Andhra Pradesh by an order dated 18.01.2012, passed the following interim order: “…This writ petition has been pending since 14.02.2011. Learned counsel for the respondents seeks four weeks time to file counter affidavit. Learned counsel for the petitioners submits that this Court considered the cases of similarly situated employees in W.P.No.597 of 1999, dated 29.10.1999. The petitioners have been seeking regularization of their services as contract labourers under B.P.Ms.No.36, dated 18.05.1997. Their case is that they have been working as contract labourers with effect from 30.09.1996/13.05.1997 having been engaged through registered contractors having valid licence in Lower Sileru Project. It is also their case that on earlier occasion in pursuance of the order, dated 06.09.2000, passed by this Court in W.P.No.23439 of 1999, the services of similar candidates were regularized as per instructions in Memo No.GM(A)/ DS(P)/AS(R)/100-A/99, dated 13.12.2000. Similar orders were passed in W.P.No.5064 of 1999 and batch also. It is also their case that the 1st respondent has issued notification No.01/CGM(HR)/2010, dated 05.01.2011 inviting applications from the eligible candidates for the posts of Junior Plant Attendants, numbering 1086, imposing certain conditions. In the light of the earlier orders passed by this Court, the respondents are directed to consider the cases of the petitioners, if their claims are not in dispute on factual aspects…” 2. Smt K.Sesharajyam, learned Senior Counsel appeared through video-conference on behalf of petitioners and requested this Court to make the interim order a final order and further stated that B.P.Ms.No.36, dated 18.05.1997 does not exist. However, made an endeavour to direct the respondents to consider the petitioners’ case. 4 3. Considering the request made by the learned Senior Counsel appearing on behalf of the petitioners, the Writ Petition is disposed of, directing the respondents to consider the case of the petitioners for regularization under B.P.Ms.No.36 dated 18.05.1997, if the same is permissible under law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 25.07.2025 KBN 5 50 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO WRIT PETITION No.3251 of 2011 Date: 25.07.2025 KBN