K. NAGARAJA Vs. SOUTHERN POWER

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief :-

(2.) The petitioners herein are line men working in the 1st respondent corporation and have acquired Diploma Qualification in Electrical Engineering from Janardan Rai Nagar Rajasthan Vidyapeeth University, Udaipur, Rajasthan State in the year 2012. The petitioners submit that the post of Sub-Engineer is the next higher category to Linemen, which post is recruited either directly or by transfer from the employees with two years' experience after acquiring diploma qualification. As the petitioners have acquired the said diploma qualification in Electrical Engineering in the year 2012, they are eligible for appointment to the post of Sub-Engineer by transfer.

(3.) As such, the petitioners have submitted applications to the 3rd respondent, requesting appointment by transfer as Sub- Engineer. But, the 3rd respondent has returned the petitioner's applications, on the sole ground that they have acquired diploma qualifications from other State Universities, which is beyond the jurisdiction of Andhra Pradesh. It is further stated in the writ petition that the 1st respondent has issued instructions in Memo dtd. 11/9/2015, to the Superintending Engineers (Operations), informing that the candidates from lower cadres who have acquired diploma qualifications through Correspondence Cum Contact (CCC) mode up to 2009, may be considered for appointment by transfer to the post of Sub- Engineer. Another memo dtd. 15/9/2015 was also issued stating that the diplomas of the incumbents who got admitted into the courses till the year 2009 and qualification acquired later may also be considered for appointment by transfer to the post of Sub-Engineer. The main grievance of the petitioners is that in spite of the said instructions from the 1st respondent as referred supra, the petitioners' request was rejected though they got admitted into the course in the year 2009 in the university which is recognized by the UGC, AICTE and has recognition from Distance Education Council. Aggrieved by the action of the respondents in rejecting the request of the petitioners for appointment to the post of Sub-Engineers vide impugned memo dtd. 11/6/2015, though they are eligible for the same in view of the memos dtd. 11/9/2015 and 15/9/2015, the present writ petition is filed.