LAWS(APH)-2015-4-38

B GOPALU, SECUNDERABAD Vs. A P TRANSCO

Decided On April 22, 2015
B Gopalu, Secunderabad Appellant
V/S
A P TRANSCO Respondents

JUDGEMENT

(1.) THIS batch of writ appeal miscellaneous petitions is filed seeking review of the common judgment dated 17.09.2013 in Writ Appeal No.1104 of 2011 and batch, as such, they are heard together and are disposed of by this common order. For the purpose of disposal, we refer to the facts and parties as arrayed in Writ Appeal No.1104 of 2011, which is directed against the judgment dated 18.10.2011, in W.P.No.29418 of 2010.

(2.) THE petitioners in writ petition No.29418 of 2010 are working as Assistant Engineers in A.P.TRANSCO and Central Power Distribution Company Ltd. They have filed the aforesaid writ petition seeking a Writ of Mandamus to declare the action of respondents in issuing Proceedings T.O.O.No.231, dated 23.12.2008 and Memo No.CGM (HRD&Trg.)/DS(P)/AS(P)/PO(Rec&Dep)/JPO/I/939/09, dated 23.09.2009, and the consequential final seniority list communicated vide Memo No.CGM(HRD/GM(Adm)/AS(Estt.)/PO -B/430/10, dated 30.09.2010, as illegal and arbitrary and violative of the basic tenets of the service jurisprudence and violative of Articles 4, 16 and 21 of the Constitution of India and consequently to set aside the same.

(3.) THE erstwhile Andhra Pradesh State Electricity Board (APSEB) was constituted in accordance with the provisions under the Electricity (Supply) Act, 1948. In exercise of powers under Section 79(c) of the said Act, the then Board has framed Regulations titled as "A.P.State Electricity Board Service Regulations", which are in three parts, namely, Part -I, Part -II and Part -III. Consequent to enforcement of provisions under the A.P.Electricity Reforms Act, 1998, the activities of the Board were divided and succeeded by the Companies, namely, A.P.GENCO, A.P.TRANSCO and Distribution Companies. The service Regulations framed by the erstwhile Board were adopted by the succeeding Companies. Part -III of the APSEB Service Regulations deals with Classification and Control of services in the Board and the same were issued vide B.P.M.S.No.89, dated 02.02.1970 and they came into force from 04.03.1970.