B. Prabhakar, Khammam Dist. v. The A.P. Power Generation Corp. Ltd., Hyd And 3 Othrs

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.28345 OF 2011

ORDER

Originally, this writ petition is filed seeking the following relief:

"...to issue a writ or order or direction especially one in the nature of Writ of Mandamus:

(i) declare the action of the respondents 1 to 3 in reducing the petitioner's weightage declare the action of the respondents 1 to 3 in not granting the weightage marks for experience in terms of para 7 (A) (b) (iii) of employment notification No.4/CGM (Adm)/2010 as illegal and arbitrary; (ii) consequently direct the respondents 1 to 3 to grant 10 weightage marks to the petitioner in terms of Clause-7(A) (b)(iii) of employment notification NO.4/CGM(ADM)/2010 and appoint the petitioner as Trainee Sub Engineer (Electrical) in Zone V. along with the others, duly granting all other consequential benefits.

(iii) and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

Subsequently, the petitioner sought amendment of the payer to the following effect:

"...(i)(a) to declare the letter NO.CGM(ADM)/AS(V)/T/PO-A/2321/2011, dated 30-12-2011 issued by the 3rd respondent as illegal and arbitrary and set aside the same.

(i)(b) to declare the letter No.CGM (Adm)/AS (V& R)/T) PO-A/232/2011, dated 6.7.2012 issued by the 3rd respondent as illegal and arbitrary and set aside the same". Heard Sri T.G.Prasada Reddy, learned counsel for the petitioner, and Smt K.Udaya Sri, learned Standing Counsel appearing for the respondent-Corporation.

When the matter is taken up for hearing, learned counsel appearing for the petitioner submits that the issue involved in

this writ petition is squarely covered by the judgment rendered by this Court on 25.10.2018 in W.P.No.27970 of 2011. Learned Standing Counsel appearing for the respondent-Corporation does not dispute the same. Having regard to the said submissions, this Court is of the considered view that this writ petition can be disposed of in terms of the order dated 25.10.2018 passed in W.P.No.27970 of 2011.

Accordingly, the Writ Petition is disposed of setting the impugned proceedings dated 30-12-2011 & 6.7.2012. The official respondents are directed to reconsider the case of the petitioner after giving opportunity to him and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. It is needless to observe that the official respondents shall also hear the unofficial respondent and pass appropriate orders, while reconsidering the case of the petitioner. No costs.

Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed.

___________________________________ JUSTICE ABHINAND KUMAR SHAVILI 9th November, 2018 rkk