S. Prasad Reddy, Warangal And 23 Others v. Prl. Secretary, Energy Dept., Hyd And 5 Others

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE R.KANTHA RAO WP .NO:17212 of 2015 Between:

1 S Prasad Reddy, aged 30 years S/o Sri S Lakshmi Reddy, Occ: Assistant Engineer, O/c Superintending Engineer, Operations Circle Warangal, TSNPDCL of Telangana Limited, Warangal 2 V.Sathish Kumar, Aged 34 years S/o. Satyanarayana, Assistant Engineer, TSNPDCL, Corporate Office Warangal.

3 A.Ravi Chandra, Aged 29 years, S/o. A.Veeraiah, Assistant Engineer, TSNPDCL, Warangal.

4 P.Edukondalu, Aged 33 years, S/o. Janardhana Rao, Assistant Engineer, TSNPDCL, Khammam.

5 S. Swetha , Aged 28 years, S/o. Ram Mohan Rao, Assistant Engineer, TSNPDCL, Khammam, 6 Ch.Sridhar, Aged 38 years, S/o. Venkata Ramana, Assistant Engineer, TSNPDCL, Warangal.

7 K.Kumar, aged 29 years, S/o. Venkateswarlu Assistant Engineer, TSNPDCL, Warangal.

8 P.V.Durga Prasada Rao, Aged 39 years, S/o. Narasimha Rao, Assistant Engineer TSNPDCL, Khammam.

9 K.Ashok, Aged 28 years, S/o. Raja Reddy, Assistant Engineer , TSNPDCL, Khammam.

10 K.M.Siva Prasad , Aged 34 years, S/o. Narasimha Rao, AE, TSNPDCL, Khammam.

11 K. Ajit Kumar, Aged 34 years, S/o.Narasimha Rao, AE, TSNPDCL, Khammam.

12 Ch. Lavanya Jyothi, Aged 32 years, D/o. Naneharaiah, Assistant Engineer, TSNPDCL, Khammam.

13 G.Sumathi, Aged 30 years, D/o. Muktheswara Rao, Assistant Engineer, TSNPDCL, Khammam.

14 K. Bapi Raju, Aged 34 years, Sio. Chandra Rao, AE, TSNPDCL, Khammam. 15 M.Viswanath, Aged 33 years, S/o. Subba Rao, Asst. Engineer, TSNPDCL, Khammam.

16 M. Pamduranga Rao, Aged 38 years, S/ o. Veerabhadram Assistant Engineer, TSNPDCL, Nizamabad 17 M. Vinay Kumar, Aged 29 years, S/o. Shankarappa, Assistant Engineer, TSNPDCL, Nizamabad.

18 P.Narayana Swamy, Aged 28 years, S/o. P.Suryanarayana Assistant Engineer, TSNPDCL, Warangal.

19 B.Ramesh, Aged 27 years, S/o. Reddappa, Assistant Engineer, TSNPDCL, Adilabad.

20 Somireddy Subba Laxmi, Aged 34 years, D/o. Suryanarayana, Assistant Engineer, TSNPDCL, Adilabad.

21 G.Shiva Sankar, Aged 35 years, S/o. Murthy Raju, Assistant Engineer, TSNPDCL, Warangal.

22 M. Venkateswara Rao, Aged 51 years, S/o. Rama Nancharaiah, AE, TSNPDCL, Corporate Office.

23 B.D.V. Prakash Kumar, Aged 51 years, S/o. Samuel, AE, TSNPDCL, Khammam.

24 B.Venu Gopal, Aged 33 years, S/o. Venkataiah, Assistant Engineer,

TSNPDCL, Khammam.

..... Petitioners AND 1 The State of Telangana, rep by its Principal Secretary to Government, Department of Energy, Government of Telangana, Secretariat, Hyderabad 2 Northern Power Distribution Company Limited of Telangana, (TSNPDCL) rep by its Chairman & Managing Director.

3 The State of Andhra Pradesh, rep. by its Principal Secretary to Government, Department of Energy, Government of Andhra Pradesh , Secretariat, Hyderabad 4 Eastern Power Distribution Company Ltd of Andhra Pradesh (APEPDCL) Vishakapatnam, rep. by its Chairman & Managing Director 5 Southern Power Distribution Company of Andhra Pradesh Ltd., (APSPDCL), Tirupathi, rep. by its Chairman & Managing Director. 6 Union of India, rep. by its Home Secretary, New Delhi .....Respondents Petition under Article 226 of the Constitution of India, praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ or order preferably in the Nature of Mandamus and after calling for records pertaining to the impugned No. Lr No.686/HR.

A1/2015, dated 6-6-15, rendered/passed by 1st Respondent as Contrary to Law and unconstitutional, and consequently set aside/quash the same as such and consequently ; consequently ; set aside the consequential list prepared by the 2nd Respondent vide Impugned consequential Memo No CMD/CGM(HRD)/GM(S)/AS(Est-t)/PO-A/340-A3/2015 dated 10-6-15 and consequently direct the Respondents to continue the petitioners in the 2nd Respondent Company with all consequential benefits; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of Dr. K.Lakshmi Narasimha, Advocate for the Petitioners and of the GP for Energy, (TG), for the Respondent No.1, the Court made the following.

ORDER:

"Heard the learned counsel appearing for the petitioners and the learned Government Pleader for Energy for the State of Telangana appearing for the 1st respondent.

It is stated that this Court in similar circumstances granted interim suspension of the impugned orders in WP. No. 16504 of 2015 and batch, dated 12-6-2015.

In view of the above, there shall be interim suspension of the impugned order, dated 06-06-2015 and the consequential order, dated 10-06-2015. The respondents shall not given effect to the impugned orders. Post after one week for filing counter."

ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR

To

1. The Principal Secretary to Government, Department of Energy, Government of Telangana, State of Telangana, Secretariat, Hyderabad

2. The Chairman and Managing Director, Northern Power Distribution Company Limited of Telangana, (TSNPDCL)

3. The Principal Secretary to Government, Department of Energy, Government of Andhra Pradesh, State of Andhra Pradesh, Secretariat, Hyderabad

4. The Chairman and Managing Director, Eastern Power Distribution Company Ltd of Andhra Pradesh (APEPDCL) Vishakapatnam,

5. The Chairman and Managing Director, Southern Power Distribution Company of Andhra Pradesh Ltd., (APSPDCL), Tirupathi,

6. The Home Secretary, Union of India, New Delhi (addressees 1 to 6 BY RPAD)

7. Two CCs to GP for Energy, (TG), High Court Buildings, Hyderabad (OUT)

8. Two CCs to GP for Energy, (AP), High Court Buildings, Hyderabad (OUT)

9. Two CCs to Sri B.Narayan Reddy, Asst. Sol. General, High Court Buildings, Hyderabad (OUT)

10. One CC to Dr. K.Lakshmi Narasimha, Advocate (OPUC)

11. one Spare Copy HIGH COURT AB DRAFTED ON 17-6-2015 RKRJ DATE: 16-6-2015

ORDER

WP. NO. 17212 OF 2015

INTERIM SUSPENSION