PIPPALLA SURYA BHAGAVAN Vs. MEMBER SECRETARY APSEB HYDERABAD

JUDGEMENT

(1.) The action of Andhra Pradesh State Electricity Board (hereinafter referred to as 'APSEB') in not absorbing the petitioner to the post of Lower Division Clerk has led to this Full Bench reference. The matter was firstly dealt with by a learned single Judge, who, by his order dated 2-9-1994, referred the matter to the Division Bench in view of the view already taken regarding Memo No.OSD(P)/DM.I/ A3/1138/85-1, dated 26-8-1985 issued by APSEB.

(2.) Under the above Memo, APSEB had evolved a Scheme for absorbing the ex-casual labourers stipulating some conditions in the context of the post to be filled up. For such ex-casual labourers, who can only read and write, the requirement was 100 working days, for IX Class pass 90 working days, X Class pass 80 working days and ITI (Electrical Trade) Pass 60 working days. For this category of ex-casual labourers, there was no relaxation of working days. But, insofar as Graduates are concerned, they were made eligible for absorption in the post of LDC/Revenue Gashier/Typist/Steno-Typist, who were otherwise eligible for holding the above posts, and there was an exemption for them for putting in specific number of working days. Even if such ex-casual labourers work for a day, they are eligible to hold the above posts, subject to holding the Degree qualification.

(3.) When a similar question arose in the case of Mohd. Farooq Saheed, who had put in a service of 15 days and sought for a direction for absorption in terms of the above Memo dated 26-8-1985, a learned single Judge has granted the order, but the same was reversed by a Division Bench in WA No.697 of 1992. The Division Bench had taken a view that educational qualification was not the criteria, but number of working days was the criteria. The said view was not acceptable to the learned single Judge, but in view of the Bench judgment, our Brother P. Venkatarama Reddi, J., referred the matter to the Division Bench and the Division Bench had inturn referred the same to a Full Bench by its order dated 26-2-1995.