Thirupathi Bairi v. The State Of Telangana And 2 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.15087 of 2019

ORDER

This Writ Petition is filed seeking the following relief: "to issue a appropriate writ, order or orders, more particularly one in the nature of Writ of Mandamus declaring the action of respondent No.2 in not considering the representation of the petitioner dt. 15.07.2019 for the post of Junior Lineman vide notification No.01/2018, dt. 16.02.2018 issued by the 2nd respondent as illegal, arbitrary, violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct respondent No.2 to allow the petitioner to resubmit the said application manually by correcting the OPIS code to "KNR04622" instead of "232050100" and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case."

Heard Smt Gayathri, learned counsel appearing for the petitioner, learned Government Pleader for Energy appearing for the 1st respondent and Sri Zakir Ali Danish, learned Standing Counsel appearing for 2nd and 3rd respondents. It is the case of the petitioner that he is fully eligible and qualified to be appointed to the post of Junior Lineman. Pursuant to the notification dated 16.02.2018 issued by the 2nd respondent, he applied and participated in the written test. However, in the written test, he has incorrectly furnished OPIS number. Thereafter, results were announced. The

petitioner was surprised to notice that though he secured 29 marks, his name does not find place in the merit list. On enquiry, it revealed that the case of the petitioner was not considered for appointment to the post of Junior Lineman on the ground that he has incorrectly furnished OPIS number. Therefore, the petitioner submitted a representation dated 15.7.2019 to the respondents requesting them to permit him to change OPIS number and to consider his case for appointment to the post of Junior Lineman to. But, so far, no orders have been passed thereon.

Learned counsel appearing for the petitioner submits that the respondents have neither considered the case of the petitioner nor passed orders on the said representation and that appropriate orders be passed directing the respondents to consider the case of the petitioner for appointment to the post of Junior Lineman by duly taking into consideration the representation dated 15.07.2019 submitted by him. Learned Standing Counsel appearing for the respondents submits that the case of the petitioner would be considered and appropriate orders would be passed on the representation submitted by him.

Having considered the rival submissions made by the learned counsel on either side, this Writ Petition is disposed of directing the petitioner to submit a representation afresh to the respondents within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the respondents shall consider the same and pass appropriate orders within a period of four weeks thereafter. No costs.

Miscellaneous petitions, pending, if any, shall stand closed.

_____________________________________ JUSTICE ABHINAND KUMAR SHAVILI 22nd July, 2019 rkk