Telangana High Court Directs TS GENCO to Fill 42 Vacant Assistant Engineer Posts from 2015 Notification

Decision Not to Fill Vacancies Due to Surplus Staff Unjustified: Unfilled Posts Required for New Recruitment, Telangana High Court in T. Saritha v. The Telangana State Power Generation Corporation (TS GENCO) directed TS GENCO to consider the appointment of the petitioners for 42 unfilled Assistant Engineer (Electrical) vacancies from a 2015 recruitment notification. The court found TS GENCO’s decision not to fill the vacancies, citing surplus staff, to be unjustified, especially since the corporation included the unfilled posts in a new recruitment drive in 2023.

The petitioners applied for the post of Assistant Engineer (Electrical) in response to TS GENCO’s 2015 recruitment notification for 413 vacancies. Despite securing high marks in the written exam, they were not appointed, as many vacancies remained unfilled. TS GENCO later issued a resolution in 2017 stating that there was no need for further recruitment, claiming surplus employees. However, in 2023, TS GENCO issued a fresh notification to fill 187 posts, including 42 carried forward from the 2015 notification.

Inconsistent Recruitment Stance: The court found that TS GENCO’s argument of surplus staff contradicted its decision to carry forward the unfilled vacancies to the 2023 recruitment process. This inconsistency rendered the earlier resolution to halt recruitment unreasonable​.

Right to Appointment: The court emphasized that while the petitioners did not have an absolute right to appointment, they had a legitimate expectation based on their merit and the unfilled vacancies. TS GENCO’s refusal to complete the recruitment process was deemed arbitrary​.

Failure to Operate Merit List: TS GENCO's failure to exhaust the merit list multiple times, unlike other corporations, was criticized by the court, which noted that the petitioners would have been appointed had the corporation followed the standard procedure​.

The Telangana High Court allowed the writ petitions and directed TS GENCO to consider the petitioners for appointment to the 42 unfilled Assistant Engineer posts within six weeks. The corporation was instructed to base the appointments on the petitioners’ merit and roster points from the 2015 recruitment​.

This judgment reinforces the principle that public sector employers must act transparently and reasonably in recruitment processes. The court's ruling ensures that qualified candidates are not arbitrarily denied appointments due to administrative inconsistencies.

Date of Decision: October 4, 2024

T. Saritha v. The Telangana State Power Generation Corporation​.