K.Sambasiva Rao And 35 Others v. Ap Power Generation Corporation Ltd And Another

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 3663 of 2004 ORDER:

This writ petition is filed seeking a writ of mandamus declaring the action of the respondents in not upgrading the services of the petitioners in the cadre of LDC/Typist from the date of regularization of their services i.e. 06.12.1996, as arbitrary, illegal and for a consequential direction to upgrade the services of the petitioners from the date of regularization i.e., 06.12.1996. Heard Sri P.Vinayaka Swamy, learned counsel for the petitioners and Smt A. Deepthi, learned Standing counsel for respondents.

It has been contended by the petitioners that they were initially engaged as contract workers with the respondents and their services were regularized in terms of B.P.Ms.No.36 and B.P.Ms.No.37 dated 18.05.1997. The grievance of the petitioners is that the respondents are not absorbing their services as LDC's and Typists as per their qualification from the initial appointment i.e. from the date of regularization as Mazdoors till the date of their upgradation as LDC's and Typists. Hence, contends that appropriate orders be passed directing the respondents to regularize their services as LDC's and Typists from the date of their initial appointment.

Learned Standing counsel for the respondents contends that petitioners are not eligible for absorption as LDC's and Typists and there are no merits in the writ petition and the same is liable to be dismissed.

This Court, having considered the rival submissions of both the parties, is of the considered view that this writ petition can be disposed of directing the petitioners to submit a representation to

the respondents within a period of two weeks from the date of receipt of copy of this order and upon receipt of such representations, the respondents shall consider the same and pass appropriate orders in another four weeks thereafter. With the above observations, writ petition is disposed of. There shall be no order as to costs.

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

_______________________________ ABHINAND KUMAR SHAVILI, J 26th November, 2018 dv