HIGH COURT OF ANDHRA PRADESH: AMARAVATI

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE &

HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU

WRIT APPEAL No.271 OF 2020

(Through physical mode)

Andhra Pradesh Eastern Power Distribution Company Limited, rep., by its Chairman and Managing Director, Corporate Office, P&T Colony, Seethammadhara, Visakhapatnam and another

.. Appellants

Pappala Shanmukha Reddy, S/o P.Dalayya, Age 24 Yrs., Unemployee, R/o Quarter No.II, 410/D, Jail area, Dondaparthy, Visakhapatnam.

.. Respondent

Counsel for the appellant	: Metta Chandrasekhara Rao
Counsel for the respondents	:<br>M. Srikanth

JUDGMENT

Dt: 26.07.2022

(per D.V.S.S.Somayajulu, J)

Versus

This writ appeal is filed questioning the order dated 12.02.2020 in WP.No.19475 of 2015. The respondents who were unsuccessful in the writ petition filed this appeal.

The petitioner in the writ petition claimed appointment for the post of Junior Assistant contending that the 'non-joining' of a person in Srikakulam District will not amount to non-joining of a post in Visakhapatnam, District and that as there is a vacancy, the petitioner should be allowed to join the post. Learned single Judge, after hearing the

counsels, directed the respondents to consider the case of the petitioner for appointment to the post of Junior Assistant. This order is challenged.

This Court has heard Sri Metta Chandrasekhara Rao, learned counsel for the appellants and the counsel for the respondent.

The essential point urged by the learned counsel for the appellants is that since the candidate did not join the post, it has to be treated as non-joining post and in terms of G.O.Ms.No.81 dated 22.02.1997, the vacancy has to be notified in the next recruitment.

Learned counsel for the respondent however points out that this is contrary to the terms of the notification itself which has specified the break up of the vacancies for each District and that each District is to be treated as a separate unit.

This Court after hearing the counsel notices that the learned single Judge also noticed this issue. A perusal of the notification clearly shows that vacancies are specified for each of the Districts. The break up of vacancies for Srikakulam, Vizianagaram, Visakhapatnam, Rajamahendravaram and Eluru are given in the notification for each separate District. In addition, as per the Presidential Order 80% of the posts are reserved for local candidates and 20% is for open competition. This also makes it clear that each District is considered as a separate unit.

Therefore, this Court also agrees that G.O.Ms.No.81 will not be applicable to this particular recruitment. The terms of the notification are clear and if there is a vacancy, it has to be filled up by the candidate next in the merit only.

This Court, therefore, agrees with the learned single Judge since the terms of the notification are clear and break up of vacancies are provided

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on a District wise basis and each District is specifically referred to as a local area.

Therefore, this Court holds that there are no infirmities in the said order for this Court to interfere.

Accordingly, the writ appeal is dismissed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed.

PRASHANT KUMAR MISHRA, CJ D.V.S.S. SOMAYAJULU,J

KLP