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High Court for State of TelanganaWP/13942/2015withdrawn

P.Ramprasad Reddy v. The Transmission Corporation Of Telangana Limited,

2015-12-09P Naveen Rao5 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE FIRST DAY OF MAY, TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WP .NO: 13942 of 2015 Between:

1 P. Ramprasad Reddy, S/o. Prabhakar Reddy 2 P. Sreenivas @ P. Srinivas S/o. Mondaiah 3 M. Niranjan S/o. Thirupathi 4 B. Saraiah, S/o. Lakshpathi 5 R. Prabhakar, S/o. Kanakaiah 6 M. Srihari, S/o. Narasaiah ..... Petitioners AND 1 The Transmission Corporation of Telangana Limited, Hyderabad, rep. by its Chairman and Managing.

2 The Chief Engineer, Warangal Zone of Transmission Corporation of Telangana, Warangal, Warangal District.

3 The Superintending Engineer (Operation & Maintenance), T.S. TRANSCO, Karimnagar.

4 The State of Telangana, rep. by Principal Secretary, Energy, Telangana Secretariat, Hyderabad.

5 M/s. Mani Mardhav Constructions, rep. by S. Srinivas, H.No.11-55, Kothapally, Karimnagar.

6 SS Powers System Private Limited, rep. by S. Satyanarayana, H.No.210-1260, Yothinagar, Karimnagar-505002. 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 order or direction more particularly one in the Writ of Mandamus by declaring the action of the respondents 1 to 4 in not taking steps for continuation of the petitioners as Contract Operators/Contract Assistant Operators and threatened action of the 5th respondent of disengaging the petitioners 1 to 4 as Contract Operators and Petitioners 5 and 6 as Contract Asst. Operators in 132/33 K.V.

Sub Station Water Works Karimnagar Circle of the 1st respondent Corporation, as illegal, violative of Doctrine of fair play and violation of Article 14 Constitution of India and consequently direct the respondents 1 to 4, for instructing the concerned Contractors to continue the petitioners 1 to 4 as Contract Operators and Petitioners 5 and 6 as Contract Assistant Operators till their absorption/appointment as regular Sub Station Operators in 132/33 Sub Stations of O&M Karimnagar Circle of 1st respondent Corporation.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri M. Venkat Ram Reddy, Advocate for the Petitioners, Sri R. Vinod Reddy, learned Standing Counsel for Respondents 1 to 3 and G.P. for Energy (TG) for Respondent

No.4, the Court made the following ORDER:

Sri R. Vinod Reddy, learned Standing Counsel accepts notice on behalf of Respondents 1 to 3 and seeks time.

The Transmission Corporation of Telangana Limited, in its response, and the State of Telangana represented by its Principal Secretary, Energy Department, in their response, must specifically advert as to the time frame within which the contractual engagement of manpower required will be cried halt.

It is time the respondents should realize that the assessment of the essentially required manpower must be undertaken and necessary steps must be taken to fill them up, on regular basis, by conducting selections, so that the best talented and skilled persons will have a fair and reasonable opportunity of getting recruited, instead of the selections being confined to a contracting agency, which invariably picks and chooses men of its choice and such choice need not necessarily be based upon the assessment of the skill or the qualifications or the usefulness of the candidate. This apart, the contractors are getting remunerated for sponsoring the requisite manpower and the employees are barely getting the minimum wages instead of getting paid wages at par with a regular employee, even though they undertake the same nature of duties and responsibilities.

Perhaps, the 1st respondent, being a statutorilyestablished institution, and the State Government cannot grudge spending certain amounts of money towards the wages payable to the requisite manpower.

Therefore, post on 15.06.2015 in motion list. A copy of this docket order be made available to the learned counsel on either side.

ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Chairman and MD, Transmission Corporation of Telangana Limited, Hyderabad.

2 The Chief Engineer, Warangal Zone of Transmission Corporation of Telangana, Warangal, Warangal District.

3 The Superintending Engineer (Operation & Maintenance), T.S. TRANSCO, Karimnagar.

4 The Principal Secretary, Energy, State of Telangana, Telangana Secretariat, Hyderabad.

5 S. Srinivas, M/s. Mani Mardhav Constructions, H.No.11-55, Kothapally, Karimnagar.

6 S. Satyanarayana, SS Powers System Private Limited, H.No.2-10-1260, Yothinagar, Karimnagar-505002.

(Addressees 1 to 6 BY RPAD) 7 One CC to Sri M. Venkat Ram Reddy, Advocate (OPUC) 8 One CC to Sri R. Vinod Reddy, Standing Counsel (By Spl. Messenger) 9 Two CCs to the G.P. for Energy (Telangana), High Court, Hyderabad. (OUT) 10 One spare copy.

nnr HIGH COURT NRR,J DATED: 01-05-2015 NOTE: Post on 15-6-2015 in motion list

ORDER

W.P.NO. 13942 OF 2015

DIRECTION HIGH COURT Nnr Date of Drafting : 05-05-2015 NRR,J DATED: 01-05-2015 NOTE: Post on 15-6-2015 in motion list

ORDER

W.P.NO. 13942 OF 2015 DIRECTION