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Telangana

HC sets aside TS Transco notification, orders that letters be given to selected candidates

 In Dec 2017, the Telangana government issued orders that earlier notifications issued prior to June 2, 2014 for direct recruitment of above posts with reference to zones of Telangana were deemed to h

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HYDERABAD: In a setback to the Telangana State Transmission Corporation Limited (TS Transco), a division bench of the High Court has set aside the notification issued by TS Transco in December 2017 to fill up posts of sub-engineer (Electrical). The Court directed the  TS Transco to continue the selection process to the posts pursuant to notifications issued by erstwhile Andhra Pradesh Transco in 2011 and 2012 and to issue appointment letters to all the selected candidates, including the petitioners. In these notifications, a total of 339 posts of sub-engineers (Electrical) had been notified for direct recruitment by AP Transco.   

The bench has recently allowed the petitions filed by several aspirants of the posts challenging the decision of TS Transco in canceling earlier notifications issued by erstwhile AP Transco on Dec 15, 2011 and Jan 16, 2012 for direct recruitment to the posts.  According to advocate Chikkudu Prabhakar, appearing for one of the petitioners, out of the 339 posts, 133 posts were for Telangana area of the then composite AP and the remaining 206 posts belong to Andhra area. In 2012, AP Transco also issued another notification to fill 1,648 posts of junior lineman. After filling some posts the State was bifurcated in 2014.

 In Dec 2017, the Telangana government issued orders that earlier notifications issued prior to June 2, 2014 for direct recruitment of above posts with reference to zones of Telangana were deemed to have lapsed. 
Thereafter, a fresh notification was issued by TS Transco on Dec 28, 2017 for direct recruitment to 174 posts. No reasons were mentioned for cancelling the selection process. The AP Transco had also issued orders stating that it has decided that the selections were not to be proceeded. Aggrieved,  the aspirants filed the petitions contending that they have participated in the written test and were selected, and they sought directions to TS Transco to continue the process of selection pursuant to previous notifications else they would become aged barred. 

TS Transco, in its counter-affidavit, stated that except for conducting written test, selection of candidates did not take place. After hearing the case, the bench found that no counter-affidavit was filed by AP Transco on the issue except for placing on record the board resolution dated April 25, 2018  to cancel the exam conducted earlier and to issue fresh notification for AP share of posts. Pointing out that no reasons were mentioned for scrapping the selections, the bench held that the State cannot cancel the recruitment process arbitrarily.

The bench allowed the petitions by declaring that the decision of TS Transco is unsustainable, and accordingly set aside. While declaring the notification issued by the corporation on Dec 28, 2017  to fill posts of sub-engineer  as illegal, the bench directed the TS Transco to continue the selection process to such posts pursuant to notifications issued by erstwhile AP Transco in 2011 and 2012 and issue appointment letter to all selected candidates, including the petitioners, subject to their meeting all other eligibility conditions.

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