1 APHC010443512024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 22617/2024 Between: 1. P SATYANARAYANA, S/O.HARANATH, AGED 32 YEARS, R/O D.NO.2/68, N.GOLIAPALLI VILLAGE, KANIGIRI MANDAL, PRAKASAM DISTRICT-523230. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY ENERGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE A P CENTRAL POWER DISTRIBUTION CORPORATION LTD, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE- APCPDCL, BESIDE POLY TECHNIC COLLEGE, ITL COLLEGE ROAD, VIJAYAWADA, KRISHNA DISTRICT - 520008. 3. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT. 4. THE SUPERINTENDING ENGINEER, (OPERATION) A.P CENTRAL POWER DISTRIBUTION CORPORATION LTD., 2 ONGOLE, PRAKASAM DISTRICT. 5. THE EXECUTIVE ENGINEER, OPERATION DIVISION, KANIGIRI, PRAKASAM DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEEROPERATION, A.P CENTRAL POWER DISTRIBUTION CORPORATION LTD., KANIGIRI, PRAKASAM DISTRICT. 7. G VARALAKSHMI, CONTRACTOR, R/O H.NO.2-34, LINGAREDDYPALLI, KANIGIRI MANDAL, PRAKASAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. G V SHIVAJI Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. V V SATISH The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.22617 of 2024 ORDER: This writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring impugned actions of the Respondents particularly 6th respondent in directing 7th respondent for disengaging the petitioner from his services vide impugned Lr.No.DEE/O/KNG(T),F.No.,D.No.342/ 2024, dt.10.04.2024, on allegations without any enquiry, without any notice or opportunity and continuing other persons who are appointed along with petitioner and consequential action of 7th respondent in disengaging the services of petitioner on directions of 6th respondent as highly illegal, arbitrary, violative of Articles 14 and 16 of the Constitution of India, apart from violative of Principles of Natural Justice, in the interest of justice…” 2. Heard learned counsel for the petitioner and learned Standing Counsel for APCPDCL appearing for respondent Nos.2 and 4 to 6. 4 3. Learned counsel for the petitioner submitted that the petitioner is a contract employee engaged as a Shift Operator at Guravajipeta Sub-Station, Kanigiri Division, Prakasam District, under the control of respondent No.7, the contractor. While so, vide impugned proceedings, dated 10.04.2024, the services of the petitioner were disengaged without issuing any show-cause notice. Hence, the present writ petition is filed. 4. During hearing, learned Standing Counsel for APCPDCL appearing for respondent Nos.2 and 4 to 6, submitted that there is no relationship of employer and employee between respondent Nos.2, 4 to 6 and the petitioner. Since the petitioner was engaged by the contractor, respondent No.7, the writ petition is not maintainable. In support of his contention, he placed reliance on the judgment of the Division Bench of this Court in W.A.No.467 of 2023, wherein it has categorically held in paragraph Nos.9 and 10 as follows: “9. Undisputedly there is no privity of contract between the official respondents and the appellant. The recruitment was done by the respondent No.3 the contractor. The petitioner was not engaged by the respondent Nos.1 and 2. 10. With respect to the payment by the respondent No.2 out of escrow account, in a similar matter, in W.P.Nos.12035, 5 12154 and 11898 of 2021, this aspect was elaborately dealt in judgment dated 05.08.2021. It is apt to reproduce the relevant part, as under:- “Therefore, a reading of these clauses cumulatively leads to a conclusion that in order to ensure that the amounts/salaries due to the workers are paid to them this escrow account has been opened. The account was not opened for any other reason. Normally, if a contractor is appointed he will raise a bill and collect the amounts, but as the payment of salaries to outsourced employees has become a matter of serious concern it was decided in the meeting held on 13.07.2018 to open these escrow accounts. The contractors stated that they have no objection if the operators are paid salaries directly through an escrow bank account.4 As far as the other issues are concerned it is clear that the recruitment is done by the contractor. The attendance sheet is prepared by the contractor. It is sent to the vendor to raise a bill. Clause 2.3 and in 2.11 of Working Methodology clearly state as follows: “2.3 Attendance Sheet shall be prepared each month separately for each sub-station. The attendance sheet shall be marked „P‟ for present and „A‟ for absence (pro- forma enclosed) and signed by the AE/or ADE of respective sub-stations and submit the same to the respective DE/Operation by 25th of every month, to admit the vendor bill for payment; a copy of attendance sheet shall be mailed to the vendor to raise the bill accordingly. 2.11 The salaries shall be paid to the outsourced employees on 1st of every month through contractors‟ 6 escrow account by Pay office seeking LOC against the liability documents.” Therefore, it is clear that the opening of the escrow account is for a specific purpose and it does not establish and employer-employee relationship between the petitioner/workmen and the official respondent. There is no privity of contract between the petitioners and the official respondents.” 5. Considering the above submissions and on perusal of the judgment of the Division Bench of this Court, the Writ Petition is dismissed as not maintainable, granting liberty to the petitioner to approach the appropriate forum. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 11.02.2026 Ivd 7 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.22617 of 2024 Dated: 11.02.2026 Ivd