K SATHAIAH Vs. ANDHRA PRADESH STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioners in these writ petitions were taken as casual labourers in the various divisions, of the Andhra Pradesh State Electricity Board prior to 1981. Pursuant to the agreement reached between the workers' union and the Electricity Board, they applied for absorption in the posts of Helpers, etc. But the respondents refused to absorb them on the ground that they were more than 25 years even at the time when they were first taken in as casual labourers, It is not in dispute that they were otherwise qualified and that the only ground on which they were refused absorption is that they were thus over-aged because the maximum age for employment in the posts of Helper, etc., was at the relevant time 25 years - it continues to be so even now.

(2.) The petitioners contend that their cases are covered by a decision of a learned Single Judge of this Court in W.P.No. 16132 of 1992 dated 29-8-1994. The Board preferred an appeal against the said judgment by way of Writ Appeal No.170 of 1995. A Division Bench of this Court heard W.A.No.170 of 1995 and another writ petition i.e., W.P.No.l214 of 1989, together and by its judgment dated 19-4-1996 refused to interfere with the judgment of the learned Single Judge and dismissed the writ appeal and allowed W.P.No.1214 of 1989 in terms of the judgment of the learned Single Judge. In those cases also the petitioners in the writ petition were employed as casual labourers by the Board and they also crossed the age of 25 years by the time they were first taken as casual labourers. Before the Division Bench, on behalf of the writ petitioners, it was contended that fixing the maximum age of 34 years for direct recruitment to certain posts and 25 years to the posts to be filled up by the ex-casual labourers was discriminatory in nature. The Division Bench held that the question as regards age limit and requisite qualifications to be fixed was always at the discretion of the management and therefore was not inclined to inquire into the reasonableness of the maximum age limit of 25 years fixed for appointment to the posts to which ex-casual labourers were to be absorbed. Then the Division Bench observed in respect of ex-casual labourers before it as follows:

(3.) In the result, these writ petitions are allowed and we direct the respondents to consider the cases of the petitioners for appointment on regular basis in terms of the Board's memos dated 26-8-1985 and 5-10-1988 (issued pursuant to the agreement reached between the workers' union and the Board) without disqualifying them on the ground that they crossed the age of 25 years by the date of their engagement as casual labourers, subject to verification as regards the number of days put in by each one of them. No costs.