V BHASKAR Vs. APCPDC LTD

JUDGEMENT

(1.) The present Writ Petition is filed by the petitioner seeking a direction to the respondents to appoint him to the post of Sub-Engineer, apart from disposing of the petitioner's representation, dated 15.12.2005. The facts in brief are that the petitioner, who is a Diploma Holder in Electrical and Electronics, initially worked as a contract labourer from September, 1996 to February, 1999 in Nalgonda Circle of the erstwhile Andhra Pradesh State Electricity Board (A.P.S.E.B.). In course of time, pursuant to the orders in W.P. No. 5064 of 1999, the 2nd respondent published a notification in the news papers, calling for applications from eligible labourers for the post of LDCs and Sub Engineers, subject to their requisite qualification and suitability. The said notification is said to be in terms of B.P.Ms. No. 36, dated 18.05.1997 issued by the erstwhile APSEB to absorb Casual Labour, Village Electricity workers and Contract Labour.

(2.) Having the requisite qualification, and having put in the necessary man-days, the petitioner applied for the post of Sub-Engineer and later faced the interview, which was held on 12.05.2001. The 2nd respondent, however, by Letter Dt. 17.12.2002 informed the petitioner to wait for the result in W.P. No. 17163 of 2003. Eventually, through Letter dated 20.03.2003, the 2nd respondent intimated to the petitioner that he had not secured sufficient ranking to be considered in the 50% of vacancy posts available as on 18.05.1997.

(3.) It is the case of the petitioner that the respondents have filled up 10 posts and the 11th post of Sub-Engineer has still been lying vacant. Since the respondents are engaging Sub-Engineers on contract basis, which is indicative of the fact that there are vacancies, the respondent authorities ought to have considered his case for regular appointment. The earlier rejection was only on a technicality of not having sufficient posts, despite possessing the requisite qualification and meeting the other eligibility criteria by the petitioner. Though the petitioner has made representations to the respondent authorities, it is to no avail. Accordingly, the petitioner has filed the present Writ Petition seeking a direction to the respondents to appoint him to the substantive post of Sub-Engineer.