L.NAGESWARA RAO.J. - (1.) Leave granted. The validity of appointment to the posts of Junior Linemen in the Andhra Pradesh Transmission Corporation(A.P. TRANSCO) and the four Andhra Pradesh Distribution Companies (DISCOMS) in the erstwhile combined State of Andhra Pradesh is in issue in these appeals.
(2.) On 07.06.2006, the Special Chief Secretary, Energy Department, Government of Andhra Pradesh permitted the Chairman and Managing Director, A.P. TRANSCO and the Chairpersons, Andhra Pradesh Power Coordination Committee (APPCC) to fill up 7114 posts of Junior Linemen on contract basis in the four DISCOMS duly following the rule of reservation. The appointment on contract basis was to be for a period of one year which would cease automatically after the said period. Pursuant to the said permission granted by the Government, the A.P. TRANSCO and the four DISCOMS advertised 7114 vacancies and called for applications from the eligible candidates for the post of Junior Lineman vide separate notifications. For the sake of convenience, the conditions prescribed in the notifications, issued by Andhra Pradesh Central Power Distribution Company Limited (APCPDCL) are referred to in the judgment. The permission granted by the Government contained certain conditions which were included in the advertisement dated 08.06.2006. ITI qualification, residence in the notified area, and pole climbing were made compulsory as per Clauses 7 (i), (ii), and (iii) of the advertisement. According to Clause 7 (iv), all candidates who fulfilled the compulsory conditions in sub clauses (i), (ii), and (iii) of Clause 7 would be considered for selection on the basis of the marks obtained by them in ITI examination. A writ petition was filed in the High Court by the existing contract labourers questioning Clauses 7 (ii) and (iv) of the advertisement/notification dated 08.06.2006 by which residence in the notified area was made compulsory and selection was based on the marks obtained in ITI examination. The writ petition was disposed of with a direction that Operation/ Circle/District shall be treated as a unit of appointment without reference to the restriction imposed under Clause 7 (ii). There was a further direction that weightage should be given to experienced candidates.
(3.) A revised notification was issued on 20.10.2006 in which the criteria for selection and appointment as Junior Lineman was altered. The contract labourers were given preference for selection over the fresh candidates. Amongst the contract labourers, selection was to be on the basis of earlier date of birth. The preference given to age in the revised notification was the subject matter of challenge in the High Court. The High Court allowed the writ petition by holding that the absolute preference given to the earlier date of birth irrespective of the merit of the candidates in the qualifying examination and the length of service as illegal and arbitrary. However, the High Court refused to interfere with the selections already made as they were contractual in nature and were made only for a period of one year. Being aware that setting aside the appointments would result in serious dislocation of work, the selected candidates were permitted to continue till the expiry of the original contract. The authorities were directed not to extend the contract under any circumstance. A fresh selection process was directed to be initiated and further direction was given by the High Court to consider the feasibility of evolving a structured formula to give preference to the contract labourers by awarding one mark for each year of completed service. Rule of reservation was to be strictly followed and the appointments were to be made only for one year. Aggrieved by the said judgment, the A.P. TRANSCO and the DISCOMS filed Writ Appeal No. 1434 of 2008 and Batch. The directions issued by the learned Single Judge regarding the method of preference to be given to the contract labourers and the appointments to be restricted to only one year were set aside by the Division Bench of the High Court. However, the Division Bench approved the directions pertaining to reservation.;