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CDJ 2025 APHC 1750 print Preview print Next print
Court : High Court of Andhra Pradesh
Case No : Writ Petition No. 35548 Of 2017
Judges: THE HONOURABLE MR. JUSTICE MAHESWARA RAO KUNCHEAM
Parties : S. Kishore Kumar & Another Versus APPGCL, Vidyut Soudha, Khairatabad, Hyderabad, rep. by its Managing Director & Others
Appearing Advocates : For the Petitioners: S. Vivek Chandra Sekhar, Advocate. For the Respondents: GP for Revenue (AP), K. Krishnabushan Chowdary, SC for APGENCO.
Date of Judgment : 28-11-2025
Head Note :-
Constitution of India - Article 226 -
Summary :-
1. Statutes / Acts / Rules / Orders Mentioned:
- Article 226 of the Constitution of India
- Section 151 CPC
- Notification No.01/CGM(HR)/2010 dated 05.01.2011
- Supplemental Notification No.01/CGM(HR)2011 dated 17.10.2011
- G.O.Ms.No.98 Irrigation & CAD (Projects Wing) Department dated 15.04.1986

2. Catch Words:
- reservation
- land losers
- fundamental rights
- arbitrary, illegal, unjust, discriminatory
- writ of mandamus

3. Summary:
The petitioners filed a writ petition under Article 226 seeking a mandamus directing the 1st Respondent to consider their representation for a Junior Plant Attendant post reserved for land‑losers under specific notifications. The Respondent argued that the issue had already been decided by a Division Bench in Writ Appeal No. 908 of 2023, which the petitioners accepted. The Division Bench had held that the respondents were only required to assure land‑losers that 50 % of posts would be reserved and that there was no ground to interfere with the earlier order of the Single Judge dated 14.03.2023. Accordingly, the present writ petition was disposed of, directing the corporation to consider the petitioners’ representation in future recruitments as per G.O. Ms.No. 98 dated 15.04.1986. No costs were awarded and any pending miscellaneous petitions were closed.

4. Conclusion:
Petition Dismissed
Judgment :-

(Prayer: Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 1st Respondent in issuing Lr.No.D(HR&IR)/JS(P)/DS(Estt)/AS(IR)/PO.H/W.P.No.37338/2016 dated 09.03.2017 rejecting the petitioners representation dated 06.06.2016 for appointment to the post of Junior Plant Attendant against the vacancies earmarked for land losers belonging to the Scheduled Caste community under Notification No.01/CGM(HR)/ 2010 dated 05.01.2011 and Supplemental Notification No.01/CGM(HR)2011 dated 17.10.2011, on the ground that the rule of reservation is not required to be followed for filling the vacancies reserved for land losers under the aforesaid notifications, as arbitrary, illegal, unjust, discriminatory, contrary to the rule of reservation, contrary to G.O.Ms.No.98 Irrigation & CAD (Projects Wing) Department dated 15.04.1986, and violative of the fundamental rights guaranteed under the Constitution of India; and consequently set aside the recruitment conducted by the Respondents in respect of such of the vacancies, notified under the aforesaid Supplemental Notification dated 17.10.2011, that were filled in contravention of the rule of reservation, or in the alternative, direct the Respondents to forthwith consider the petitioners candidature for the post of Junior Plant Attendant against any of the existing vacancies available in Rayalaseema Thermal Power Project, Kadapa, and pass

IA NO: 1 OF 2017(WPMP 44158 OF 2017

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 1st Respondent to forthwith reconsider the representations dated 06.06.2016 of the Petitioners, in terms of G.O.Ms.No.98 Irrigation & CAD (Projects Wing) Department dated 15.04.1986, whereby 50% vacancies reserved for land losers under Notification No.01/CGM(HR)/2010 dated 05.01.2011 and Supplemental Notification No.01/CGM(HR)2011 dated 17.10.2011 have to be filled duly following the rule of Reservation, pending disposal of the above Writ Petition, and pass

IA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the respondents 1 & 2 in W.P.No.35548 of 2017 to file the present additional counter affidavit in W.P.No.35548 of 2017 which may also be read as part and parcel of the counter affidavit earlier filed and pass)

1. The writ petition is filed by the petitioners under Article 226 of Constitution of India, seeking the following main prayer:-

                  “……declaring the action of the 1st Respondent in issuing Lr.No.D(HR&IR)/JS(P)/DS(Estt)/AS(IR)/PO.H/W.P.No. 37338/2016 dated 09.03.2017 rejecting the petitioners representation dated 06.06.2016 for appointment to the post of Junior Plant Attendant against the vacancies earmarked for land losers belonging to the Scheduled Caste community under Notification No.01/CGM(HR)/2010 dated 05.01.2011 and Supplemental Notification No.01/CGM(HR)2011 dated 17.10.2011, on the ground that the rule of reservation is not required to be followed for filling the vacancies reserved for land losers under the aforesaid Notifications, as arbitrary, illegal, unjust, discriminatory, contrary to the rule of reservation, contrary to GO Ms. No. 98 Irrigation & CAD (Projects Wing) Department dated 15.04.1986, and violative of the fundamental rights guaranteed under the Constitution of India; and consequently set aside the recruitment conducted by the Respondents in respect of such of the vacancies, notified under the aforesaid Supplemental Notification dated 17.10.2011, that were filled in contravention of the rule of reservation, or in the alternative, direct the Respondents to forthwith consider the petitioners candidature for the post of Junior Plant Attendant against any of the existing vacancies available in Rayalaseema Thermal Power Project, Kadapa, and pass…….”

2. The grievance of the petitioners is with regard to the non- consideration of the petitioners representation dated 06.06.2016 under the land losers quota in the 1st respondent Corporation.

3. At the time of considering the matter, Sri Ravikanth, learned counsel representing Sri K.Krishna Bushan Chowdary, appearing for the 1st respondent Corporation, submits that the issue involved in the lis, had already been dealt with by the Hon’ble Division Bench of this Court in W.A.No.908 of 2023 dated 03.11.2023. The said judgment was served to the learned counsel appearing for the petitioners.

4. In response, the learned counsel appearing for the petitioners acceded to the above submission.

5. Having regard to the submissions made, this Court deems it appropriate to dispose of the writ petition, in the light of the directions of Hon’ble Division Bench of this Court in Writ Appeal No.908 of 2023, dated 03.11.2023. The order of the Hon’ble Division Bench, which is relevant in the present context, reads as follows:-

                  “…..13. A perusal of G.O.Ms.No.98, dated 15.04.1986 as well as the communications between the respondents and land losers, set out before this Court would show that the respondents had only assured the land losers that 50% of the posts, under the appropriate categories, would be reserved for the land losers and they would be given employment as and when recruitment for these posts is held.

                  14. In such circumstances, we do not find any ground to interfere with the order of the Learned Single Judge of this Court dated 14.03.2023 and accordingly, this Writ Appeal is dismissed…….”

6. Since the directions issued by the Hon’ble Division Bench are binding, the 1st Corporation shall look into the matter and take necessary action, in considering the representation of the petitioners under the land losers’ quota whenever the recruitment process for the posts is undertaken in the 1st respondent Corporation and also taking into consideration the G.O.Ms.No.98 dated 15.04.1986 issued by the Secretary, Government of Andhra Pradesh. The copy of order of the Division Bench of this Court in Writ Appeal No.908 of 2023, dated 03.11.2023 is also annexed herewith.

7. Accordingly, the writ petition is disposed of. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

 
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