Azharuddin v. The State Of Telangana
[ 3304 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 6016 OF 2025 Between:
'1 . Azharuddin, S/o. Masihuddin, Age- 40 years, Occ- Un-Employee, Fli o H'No6-48, Nalsab Gally, Mudhole, Adilabad District, Telangana-5O4102 ^ . .
2. Mohimmad Shafiiiddin, Sio Mohammad Saifuddin' Age- 41 years, occ- UnEmployee, Fl/o. H.No-6-3-320, Khan Pura, Karimnagar District, Telangana505001 . g. Mbhammad Fasiuddin, S/o. Mohammad Baderuddin, Age- 40years, Ogq- Vn- - empioyee, Ryo. H.No-'l-67/1 , Kote Gally, Mudhole, Adilabad District, Telangana-504102.
...pErrtoNERS AND )
1. The State of Telangana, Rep.by its Principal Secretary-to the Power and, Energy Departmenl, Dr.g.R.Rnibedkar Secretariat, Saifab4, Hyderabad . 2. The Nirrtfrdrn Powei Distribution Company' Ltd (NPDCL), Rep by its Chairman and Managing Director, Vidyut Bhavan, Nakkalgutta Hanamkonda, warangal District ...RES'.NDENT'
Petition under Article 226 of \he constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or Direction or more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in non-appointing the petitioners as Junior Linemen as appointed similar situated candidates in left over or unfilled posts, who have been attended for an interview and successfully completed the Pole climbing Test and placed in the selection list pertains to the 6 (iv) (d) of the Notification dated- 08.061606 and 20.'10'2006, whose rights ensured by the Division Bench of this Hon'ble court in writ Appeal No.1434 of 2008, dated-10.1 1.2009 and an Apex court Judgment in the case of civil Appeal No.2049-2158/2019 arising out of SLP (Civil No.
15001-15110 of 2013), dated25.02.
t Apex Court and this Hon'ble Court and Consequenfly, direct the 2nd respondent to appoint the petitioners as Junior Linemen as appointed the similar situated candidates as Junior Linemen in the left over or unfilled vacancies, who successfully completed Pole Climbing Test in the selection criteria of 6 (iv) (d) of the Notification dated- 08.06.
2006, with all consequential benefits including arrears of salaries lA NO: 1 OF 2025 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 2nd respondent to appoint the petitioners as Junior Linemen as appointed the similar situated candidates as Junior Linemen in the left over or unfilled vacancies, who have been participated in an interview and successfully completed Pole Climbing Test in the selection criteria of 6 (iv) (d) of the Notification, dated- 08.06.2006, with all consequential benefits, pending disposal of the writ petition ir Counsel for the Petitioner: SRt. PRABHAKAR CHIKKUDU Counsel for Respondent No. 1: GP FOR SERVICES ll Counsel for Respondent No. 2: SRI A. CHANDRA SHAKER.
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT P TION No.6O16 oF 2025 ORDER:
Heard Sri Prabhakar Chikkudu, learned counsel for the petitioners, learned Government Pleader for Services-Il for respondent No.1, and Sri A. Chandra Shaker, learned Standing Counsel for TGNPDCL, for respondent No.2. Perused the material on record.
2. The case of the petitioners is that they have completed the Industrial Trade Institute (III) Electrician Trade, and have applied for the Junior Linemen post under the respondents' notifications dated 08.06.2006 and 20.10.2006. The petitioners successfully passed the Pole ' Climbing Test and were placed in the merit list. However, no appointment orders were issued to them, whereas other candidates in similar situation were appointed. Aggrieved by this, the petitioners filed several writ petitions (W.P.Nos.13998/2007, dated 19.04.2007, 876712007, 1006612007, dated 10.08.2007 and 8272/2007, dated 19.04 '2007), seeking directions to allow them to participate in the Pole climbing Test. Respondent No.2 permitted the petitioners to participate in the test. 3.
Despite directions from the Division Bench of this Hon'ble Court in W.A.No.1434/2OOB, dated 10.11.2009, and the Supreme Court in Civil Appeal Nos.2049-2158/2019, dated 25.O2.2019, directing the respondents to appoint all eligible candidates who passed the Pole
Climbing Test, the petitioners have still not been appointed as Junior Linemen. The petitioners have made several representations in this regard, but no action has been taken by the respondents. Meanwhile, other candidates in a similar situation have been appointed. Aggrieved by the same, the petitioners have filed the present writ petition.
4.
Learned counsel for the petitioners contends that the petitioners are in the similar situation as the candidates who were appointed to the lunior Linemen post, having successfully passed the necessary tests and fulfilled all eligibility criteria, but despite this, the petitioners have not been appointed. He further brought to the notice of this Court that the order dated 14.02.2025, passed in W.P.No.16987 of 2019 and batch. The relevant portion of the said order is extracted hereunder: "In view of the submissions made by learned Senior Counsel appearing for respondent Corporation, with the consent of both the parties, without going into merits, the Writ Petitions are disposed of directing petitioners to submit individual representations setting out their eligibility in terms of the eligibility criteria in the Notification dated 20.10.2OO6 and in terms of the judgment dated 7O.11.2OO9 in Writ Appeal No.7434 of 2OOB and batch, judgment dated 77.77.2009 in Writ Appeat No.tS23 of 2OOg and batch and order dated 2S.O2.2Otg in SLp No lSOOt_ 75770 ot 2O73 and batch. The same shail be
considered by the Corporations and appropriate orders be passed within a period of four weeks from the date of receipt of a copy ofthis order. No costs."
5. In light of the above, and with the consent of both the parties, the petitioners are directed to submit individual representations to the respondent authorities within a period of two (2) weeks from the date of receipt of a copy of this order. Upon receipt of such representations, the respondent authorities are directed to consider the same and pass appropriate orders in accordance with law, within a period of six (6) weeks thereafter.
6. ' With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed.
SD/.T.TIRUMALA DEVI ASSI T REGISTRAR //TRUE COPY'
TION OFFICER To, \ The Principal Secretary to the Power and Energy Depa(ment,State of letanoand. Dr.B.R.Ambedkar Secretariat, Saifabad, Hyderabad fne Cliirriran and Managing Director, Northern Power Distribution Company, 1iJr r..rpoC11, Vidvut BhaVan] Nakkalgutta Hanamkonda, Warangal District One CC to Sri Pribhakar Chikkudu Advocate [OPUC] i*o CCs to GP For Services, Hign Court for the Stat6 of Telangana [OUT] One CC to Sri A. Chandra Shekal, SC for TGNPDCL(OPUC) Two CD Copies 6v:w
U HIGH CO RT DATED: 1210312025 t':''':
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\, t PAT C,t\ RDER WP.No.6016 of 2025 DISPOSING OF WRIT PETITION WITHOUT COSTS