A.P. STATE ELECTRICITY BOARD AND ORS. versus J. VENKATESHWARA RAO AND ORS.

Citation: [2002] SUPP. 4 S.C.R. 253 · Decided: 20-11-2002 · Supreme Court of India · Bench: M.B. SHAH · Disposal: Disposed off

Judgment (excerpt)

A.P. STATE ELECTRICITY BOARD AND ORS. 
A 
v. 
J. VENKATESHl''ARA RAO AND ORS. 
NOVEMBC:R 20. 2002 
[M.B. SHAH. 8.P. SINGH AND H.K. SEMA. JJ.] 
B 
Service lal1l: 
Appointments-Memorandun1 issued by the en1ployer!Board-Provision 
for regular appointments of eligible Ex-casual Labourers-Denial of C 
appointment- Writ Petitions-High Court directed to consider the appointment 
of eligible Ex-casual Labourers-Some of the Ex-casual labourers were denied 
appointn1ent pursuant to the another n1e1norandum which provides for only 
50% reservation of vacancies to Ex-casual Labourers-Reservation-Challenge 
of-Single Judge of the High Court directed the employer/Board to reconsider D 
the appointmr;nt in the light of earlier memorandum and reservation of 
vacancies should not be taken into consideration-Affirmed by the Division 
Bench----On appeal, Held: Right of appointment of Ex-casual labourers accrued 
under the earlier n1en1orandum, and later memorandum curtailing their right 
cannot be enforced when the matter had attained finality by the order of High 
Court-Direction for calculating number of vacancies and.filling the san1e-
E 
fssued. 
Appellant-State Electricity Board issued a memorandum dated 
26.8,1985 providing for appointment of suitable and eligible Ex-casual 
Labourers against the posts of L.D.Cs. etc. on one time basis, Since some F 
of the eligible candidates were denied appointment in pursuance of the 
memorandum, they filed a writ petition before the High Court. Single 
Judge of the High Court directed the appellant-Board to consider the 
appointment of suitable eligible ex-casual Labourers in the light of the 
memorandum. In the meanwhile, Appellant-Board issued another 
memorandum dated 18.5.1997 providing for reservation in appointment G 
to Ex-casual Labourers to the extent of only 50% of the vacancies and 
made appointments. Some of the candidates could not rank high enough 
in merit, thus not selected for appointment. They filed a writ petition 
challenging the issuance of subsequent memorandum providing for 
reservation in the vac.ancies. Single Judge of the High Court directed the 
253 
H 
254 
SUPREME COURT REPORTS [2002] SUPP. 4 S.C.R. 
A appellant-Board to consider the cases of Ex-casual Labourers in 
accordance with memorandum dated 26.8.1985 disregarding 
memorandum dated 18.5.1997 providing a quota of 50%. Division Bench 
affirmed the decision. Hence this appeal by the State Electricity Board. 
Disposing of the appeal, the Court 
B 
HELD: 1.1. A right of appointment accrued to the Ex-casual 
Labourers under the memorandum dated 26.8.1985, and therefore, their 
cases for appointment have to be considered in accordance with that 
memorandum, particularly when such a right was declared by the High 
Court while allowing the first Writ Petition filed by the respondents. The 
C later memorandum curtailing their right of appointment limiting it to 50% 
of the vacancies cannot be enforced as against them, particu.larly so when 
the matter had attained finality by an order of the High Court. (258-B-D) 
1.2. The plea that the respondents did not turn ttp for selection and, 
D . therefore, they were not appointed cannot be entertained because such a 
plea was not taken by the appellant-Board when the first Writ Petition 
was disposed of. [258-E] 
2.1. It is clarified that only the cases of eligible Ex-casual Labourers, 
have to be considered in the light of the norms and guidelines laid down 
E in the memorandum dated 26.08.1985, for appointment against the 
vacancies that existed then and were within the contemplation of the said 
memorandum. (259-B-CI 
2.2. In calculating the number of vacancies which have already been 
filled up in accordance with the memorandum dated 26.08.1985, the 
F appellants are entitled to count the vacancies filled ur1 by appointment of 
the eligible Ex-casual Labourers earlier as claimed by them and 
subsequently by the Selection Committee constituted under memorandum 
dated 18.05.1997. The remaining vacancies, if any, shall be filled up within 
a period of six months from the date of this order by appointing eligible 
G Ex-casual Labourers, if any. (259-C-D] 
CIVIL APPELLATE JURISDICTION 
Civil Appeal No. 749lof 
2002. 
From the Judgment and Order dated 20.8.1999 of the Andhra Pradesh 
H High Court in W.A. No. 1183 of 1999. 
'· 
A.P. STATE ELECTRICITY BOARD v. J. V. RAO [B.P. SINGH. J.] 
255 
P.P. Rao, Rakesh K. Sharma, Ashok Grover, Ms. Arupama Grover and A 
Rakesh K. Sharma f

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