P. Venkateshwarlu v. The Superintendent Engineering (S.E.),

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.16923 of 2013 ORDER:

The petitioner was appointed as a Cutter in Madgula Mandal Headquarters on contract basis by the Contractor. He met with an accident on 30.07.2011 while he was doing repairing on the electric pole. While he was doing repairing, the power was released, due to which the fire broke out. He was immediately rushed to the hospital and his right hand was amputated. He submitted a representation to the respondent on 30.04.2013. When no action was taken on the said representation, the present writ petition was filed.

Learned counsel for the petitioner submits that since the petitioner was working for the respondent, respondent has to consider the case of petitioner.

Learned Standing Counsel for the respondent submits that there is no relationship of employer and employee between the petitioner and respondent, and the respondent cannot consider the petitioner's representation as he was appointed by a Contractor. There is no dispute that the petitioner was appointed by a Contractor for the benefit of respondent. There is no relationship of employer and employee between the petitioner and respondent. In the circumstances, this Court cannot issue a Writ of Mandamus directing the respondent to consider the representation of petitioner.

Hence, the Writ Petition fails and is accordingly dismissed. No order as to costs.

Miscellaneous Petitions pending, if any, shall stand

closed.

_______________________________ A.RAMALINGESWARA RAO, J 21.07.2016 MVA