1 APHC010721572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 1193/2026 Between: 1. MANCHALA MANI MOHAN, S/O SATYANARAYANA, AGED ABOUT 31 YEARS, OCC EX. SHIFT OPERATOR, R/O.D.NO.19-2-18, PAKSHULA RAVI CHETTU, MACHAVARAM VILLAGE, AMBAJIPETA MANDAL, DR.BR AMBEDKAR KONASEEMA DISTRICT, - 533214 ...PETITIONER AND 1. EASTERN POWER DISTRIBUTION COMPANY OF AP LTD, REP BY ITS CHAIRMAN MANAGING DIRECTOR,. SEETHAMMADHARA, P T COLONY VISAKHAPATNAM - 530013. 2. 2. THE SUPERINTENDING ENGINEER, OPERATION CIRCLE, APEPDCL, AMALAPURAM, - 533201 DR.BR AMBEDKAR KONASEEMA DISTRICT. 3. 3. THE EXECUTIVE ENGINEER, OPERATION, APEPDCL, AMALAPURAM DIVISION, - 533201 DR.BR AMBEDKAR KONASEEMA DISTRICT. 4. 4. M/S ABHINAYA ENTERPRISES, REP BY ITS MANAGING PARTNER, D.NO.79-7-19, SYAMALA NAGAR, 2 RAJAHMUNDRY, EAST GODAVARI DISTRICT. - 533101 5. 5. M/S KRANTHI CONSTRUCTIONS, REP BY ITS MANAGING PARTNER, FWJ TODETIDEVADANAM S/O GEORGE, RIO D NO 2169 KOTHAPETA, BOMMURU, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. - 533101 6. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. - 522238 ...RESPONDENT(S): Counsel for the Petitioner: 1. KINTALI DHARMA RAO Counsel for the Respondent(S): 1. V V SATISH (SC for APEPDCL) 2. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.1193 of 2026 ORDER: The present writ petition is filed declaring the action of the respondents in orally terminating the services of the petitioner without notice, without calling for any explanation and without providing an opportunity of personal hearing, as illegal and arbitrary. 2. None present for the petitioner. 3. Sri V.V.Satish, learned Standing Counsel appearing for respondent Nos.1 to 3, on instructions, has submitted that the petitioner is working under respondent Nos.4 and 5-Organisation and he is not working under respondent Nos.1 to 3. When the petitioner is not directly working under respondent Nos.1 to 3, the writ petition is not maintainable. In support of his contention, he has relied on the observations made by the Division Bench of this Court in W.A.No.467 of 2023, wherein this Court has categorically held at paragraph Nos.9 and 10 as follows: “9. Undisputedly there is no privity of contract between the official respondents and the appellant. The recruitment 4 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, 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 5 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‟ 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.” 4. Considering the above submissions and on perusal of the observations made by the Division Bench of this Court, the Writ Petition is dismissed as not maintainable. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 27.01.2026 Ivd 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.1193 of 2026 Dated: 27.01.2026 Ivd