LAWS(SC)-2025-4-88

THE SUPERINTENDING ENGINEER Vs. CH. BHASKARA CHARY

Decided On April 02, 2025
The Superintending Engineer Appellant
V/S
Ch. Bhaskara Chary Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal arises from order dtd. 2/12/2020 by which the division bench of the High Court dismissed the appellant's writ appeal against order dtd. 24/9/2018 wherein the learned single judge directed the appellant to consider the respondent's appointment to the post of Lower Division Clerk(Hereinafter "LDC") or any other suitable post or any other supernumerary post.

(3.) The short facts that are relevant are as follows. The Andhra Pradesh State Electricity Board(Hereinafter "APSEB") issued a notification dtd. 18/5/1997 to fill up 50% vacancies in certain initial recruitment cadres, including LDCs, from ex-casual labourers category. Clauses 5 and 6 of this notification provided the guidelines for selection of candidates from this category, including age, educational qualifications, seniority, reservations, and selection committee. Under this policy, APSEB issued an advertisement dtd. 11/3/2001 for appointment to the post of LDC from excasual labourers category. The respondent sought to claim benefit under this policy and applied but his application was rejected on 21/1/2002 stating that his service certificate of contract labour was not genuine. The appellant challenged this order by way of a writ petition and the High Court directed the appellant to verify his certificate by order dtd. 24/12/2002.