CHAIRPERSON AND MANAGING DIRECTOR A P TRANSMISSION CORPORATION LTD Vs. V SREENIVASULU S O SRI SANKARANNA OPERATION APSPDCL

JUDGEMENT

(1.) This appeal is filed against the orders of single Judge dated 14.03.2005 passed in W.P.NO. 4622 of 2005 on the file of this Court. The relevant facts in brief are as follows: The respondent herein V.Sreenivasulu, Assistant Engineer in Operation in A.P.Southern Power Distribution Company Limited (for short 'APSPDCL'), Rural Section, Kadapa filed Writ Petition impleading the present appellants viz. the Chairperson & Managing Director, A.P. Transmission Corporation Limited, the Chairperson & Managing Director, APSPDCL, Tirupathi and the Superintending Engineer (Operation Circle), APSPDCL, Kadapa as respondents 1 to 3.

(2.) The case of the respondent-writ petitioner is that he was selected as Sub-Engineer on10.08.1992 and he worked in that capacity up to 31.08.1995 an thereafter he was posted as Sub-Engineer against the post of AE/Assistant Additional Engineer/Maintenance at 132KSS Rayachoti and he joined there and discharged duties of the post of Assistant Additional Engineer (for short 'AAE') till 22.01.2002 and therefore he is entitled for the salary attributable to the post of AAE. He filed an application to the first appellant on20.06.2004 stating that he was directed and posted in the post of AE/AAE Maintenance, 132 KV Sub-Station,Rayachoti and he jointed on 29.09.1996 and since then he was purely discharging the duties of AAE looking after the entire maintenance of 132 KV SS Rayachoti for a period from 29.09.1996 to 22.01.2002. In that application he quoted a similar case three load surveyors were kept incharge in the post of Assistant Engineer like him in Rural Electric Supply Cooperative Society, Rayachoti who performed their duties as AAE requested the management to give monetary benefit in the form of minimum AAE's time scale and as the management did not sanction the same, they approached this Court in W.P.No.2984 of 1996 and obtained interim orders in W.P.M.P.No.3593 of 1996 directing the department to pay minimum scale applicable to the post of AAE and consequent to the directions of this Court, the Managing Director, RESCO Ltd. Rayachoti sanctioned minimum scale of AAE to those persons. He submitted that his case is also similar to their case and therefore he is also entitled for the minimum scale of AAE for the period for which he discharged the duties as AAE.

(3.) The writ petitioner also filed another application on 18.10.2004 reiterating his request. But, the Superintending Engineer, APSPDCL, Kadapa issued Memo No. SE/O/KDP/Adm/C1.F.5/D.No.3028, dated 18.12.2004 informing the writ petitioner that he has no chance to claim for the period from 20.09.1996 to 22.01.2002 as he was transferred only as Sub-Engineer/132/KVSS/Maintenance/Rayachoti duly counting against the post of AAE for administrative convenience and that the orders of this Court dated 19.02.1996 in W.P.No.2984 of 1996 are not applicable in his case and that the rules do not permit the payment of salary of AAE to the Sub-Engineer.