R. Veeraiah v. The A.P. Generation Corpration Ltd.,

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.27313 OF 2003

ORDER

This writ petition is filed seeking the following relief: "...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned order in Lr.No.CE/O&M/KTPS/W.O./F.28/99/D.No.209/ 2001, dated 04.10.2001 as illegal, arbitrary and violative of Article 14 of the Constitution of India and consequently direct the respondents to consider the petitioners to forthwith absorb the petitioner into regular vacancies under BPMS.37 dated 18-51997 and pass such other order or orders in the interest of justice."

When the matter is taken up for hearing, learned Standing Counsel appearing for the respondents submits that the case of the petitioner for appointment was considered under BPMS No.37, dated 18.5.1997 and the same was rejected and the said BPMS No.37 was subsequently withdrawn vide G.O.O.No.697/2002 dated 3.2.2003 and hence, the question of considering the case of the petitioners for appointment in terms of withdrawn BPMS No.37, dated 18.5.1997, does not arise.

Learned counsel appearing for the petitioners submits that the respondents have not properly considered the case of the petitioner and mechanically rejected his case.

Having considered the rival submissions made by the learned counsel on either side, this Court is of the view that when once the case of the petitioner is considered in accordance with BPMS No.37, dated 18.5.1997 and rejected, this Court is not inclined to further direct the respondents to consider the case of the petitioner for appointment in accordance with BPMS No.37, which was withdrawn subsequently vide proceedings dated 3.2.2003. Accordingly, the Writ Petition is dismissed. No costs. Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 14th November, 2018 dv