ORDER : (K. Manmadha Rao, J.) : W.P.No.30128 of 2022 is filed under Article 226 of the Constitution of India for the following relief:- “to issue an order direction or writ more particularly one in the nature of Writ of Mandamus, declaring impugned action of respondents in not allowing the petitioners for appointment by transfer to the post of Junior Engineer, only on the ground that the petitioners are working in uniform services i.e Security/ Fireman as illegal, arbitrary and violative of Article 14 and 16 of Constitution of India, consequently set aside the and violative of Article 14 and 16 of Constitution of India, consequently set aside the dated 01.09.2022, imposing bar against the petitioners and pass such other order or orders…….” W.P.No.30317 of 2022 is filed under Article 226 of the Constitution of India for the following relief:- “to issue an order direction or writ more particularly one in the nature of Writ of Mandamus, declaring impugned action of respondents in not allowing the petitioners for appointment by transfer to the post of Assistant Executive Chemist, notified through Circular No. CGM (Adm.IS&ERP)/DS(Adm)/Dy.EE(Adm-I/F.No.05/2022, dated 22.07.2022 only on the ground that the petitioners are working in uniform services i.e Security/ Fireman and on basis of clause in Appointment Order imposing bar for conversion up to 10 years, though no such condition was there in the Notification dated 22.04.2013 as illegal, arbitrary and violative of Article 14 and 16 of Constitution of India and pass such other order or orders…….” 2. The precise case of the petitioners in W.P.No.30128 of 2022 is that they are working as AP GENCo Constables and Fireman in AP GENCO. The petitioners were recruited through public notification, issued by the 4th respondent Corporation. The petitioners have six years of regular service. The 3rd respondent issued internal notification for filling up the posts of Junior Engineer, by appointment of transfer vide Circular Memo dated 11.05.2022, thereby calling for applications from in-service candidates. All of sudden impugned Circular dated 01.09.2022 has been issued for considering the qualification of B.Tech/B.E qualification in addition to Diploma Qualification. Further imposing bar against Security, Fire and any other uniform services, due to which the petitioners are being deprived of opportunity, in spite of possessing requisite qualification that is B.Tech/BE/Diploma. All of sudden impugned Circular dated 01.09.2022 has been issued for considering the qualification of B.Tech/B.E qualification in addition to Diploma Qualification. Further imposing bar against Security, Fire and any other uniform services, due to which the petitioners are being deprived of opportunity, in spite of possessing requisite qualification that is B.Tech/BE/Diploma. In fact in the appointment order dated 10.03.2016, wherein it was specifically stated at Clause 4(d), 10 years bar has been imposed for Appointment by Transfer into any post in AP GENCO, which is irrational and arbitrary. The petitioners have successfully completed training even in 2016 itself and confirmed in-service also. Therefore, imposing bar against the petitioner vide impugned Circular dated 01.09.2022 is illegal and arbitrary. Hence the present writ petition came to be filed. 3. The precise case of the petitioner in W.P.No.30317 of 2022 is that they are appointed as Fireman and working in various Thermal Power Project in Andhra Pradesh. When the notification was issued for security guards and firemen vide Notification dated 22.04.2013, there was no condition in the notification that once the candidates are appointed shall not be eligible for other conversions for 10 years. However, while issuing proceedings of appointments dated 10.03.2016 a rider was imposed in Clause 4(d), to the effect that the candidates appointed in uniform services shall not be permitted to convert for other services of AP GENCO, for a period of 10 years. The petitioners have no option have been compelled to join and discharging duties without any complaint from any quarter. The petitioners made applications to the 3rd respondent dated 28.07.2022, 25.07.2022, 07.06.2022 and 30.07.2022 and the same were processed by the respondents 5 to 8, however all of sudden impugned Circular dated 01.09.2022 has been issued in respect of Junior Engineer imposing bar against Security, Fire and any other uniform services, due to which the petitioners are being now sought to be deprived of opportunity on the basis of such circular, in spite of possessing requisite qualifications. The Divisional Fire Officer made an endorsement dated 08.08.2022 stating that exemption can be granted to such condition of 10 years of his service, contained in appointment orders. The petitioners have successfully completed training even in 2016 itself and confirmed in-service also. Therefore, imposing bar against the petitioners on the basis of clause contained in appointment order is highly illegal and arbitrary. The petitioners have successfully completed training even in 2016 itself and confirmed in-service also. Therefore, imposing bar against the petitioners on the basis of clause contained in appointment order is highly illegal and arbitrary. Hence the present writ petition came to be filed. 4. Heard Mr. G.V.Shivaji, learned counsel for the petitioners and Mr. M. Vidhya Sagar, learned Standing Counsel for respondents/ AP GENCO. 5. During hearing learned counsel for the petitioners reiterated the contents urged in the writ affidavit the respondents issued Direct Recruitment vide notifications duly defining the nature of works to be attended by the respective candidates on appointment. The petitioners have appeared in terms of the notification and got selected and were issued appointment orders. Wherein as per Clause 4(c) and 4(d) of the appointment orders, the Security Guard/ Fireman recruited shall serve anywhere in APGENCO according to the exigencies of their services and shall not be permitted to convert to other services of APGENCO for a period of 10 years as the post is in essential uniformed services. Thus, it was made clear that the services are essential and hence they were trained at Training Centre PTC, Anantapuram for a period of 3 months. The petitioners have joined their duties duly observing the conditions that were incorporated in the appointment orders without any objection voluntarily. The petitioners were never compelled to join the services; instead they have joined the organization with their willingness duly accepting all conditions of the appointment orders. It is further contended that internal notification/ circular was issued for considering in-service employees by way of appointment by transfer for the post of Junior Engineers from services like Accounts, P&G, O& M etc., who are possessing diploma qualification vide Circular Memo dated 11.05.2022 and 01.09.2022 have been issued for considering in-service candidates, who are possessing requisite qualification for appointment by transfer as Junior Engineers from in-service employees other than uniform services in terms of contractual obligation during appointment. The said Circular Memos are being issued as per the requirement of the respondent corporation for filling up vacancies duly adhering to the service regulations in vogue and there is no illegality in issuing the same and the averment of the petitioners that they are being deprived of opportunity in spite of possessing requisite qualification is not tenable as the petitioners have joined in the uniform services duly accepting the condition in the appointment order and as per Clause 4(d) in the said appointment orders, the petitioners who are in essential uniform services shall not be permitted to convert other services of AP GENCO for a period of 10 years. In fact the said appointment orders were issued in the year 2016 and the petitioners have accepted the said conditions without any objection and working in their respective places of posting and now challenging the Circular Memo dated 01.09.2022 is illegal and the same is contrary to their own appointment orders which were not challenged by anyone before any court of law. Therefore, the writ petitions are liable to be dismissed. 6. Perused the record. 7. During hearing learned counsel for the petitioners placed on record the decision of the Hon’ble Apex Court in “Somesh Thapliyal and Another v. Vice Chancellor, H.N.B.Garhwal University and Another”, (2021) 10 SCC 116 , wherein it was stated as follows:- “42. The submissions of the learned counsel for the respondents that the appellants have accepted the terms and conditions contained in the letter of appointment deserves rejection for the reason that it is not open for a person appointed in public employment to ordinarily choose the terms and conditions of which he is required to serve. It goes without saying that employer is always in a dominating position and it is open to the employer to dictate the terms of employment. The employee who is at the receiving end can hardly complaint of arbitrariness in the terms and conditions of employment. This Court can take judicial notice of the fact that if an employee takes initiation in questioning the terms and conditions of employment, that would cost his/ her job itself. 43. The bargaining power is vested with the employer itself and the employee is left with no option but to accept the conditions dictated by the authority. This Court can take judicial notice of the fact that if an employee takes initiation in questioning the terms and conditions of employment, that would cost his/ her job itself. 43. The bargaining power is vested with the employer itself and the employee is left with no option but to accept the conditions dictated by the authority. If that being the reason, it is open for the employee to challenge the conditions if it is not being in conformity with the statutory requirement under the law and he is not stopped from questioning at a stage where he finds himself aggrieved.” 8. And also, placed on record the decision of the Hon’ble Division Bench of this Court in “K. Naresh and Others v. The State of A.P, rep., by its Principal Secretary, Energy Department, Guntur District”, W.A. Nos. 854 and 855 of 2022, dated 10.11.2022, wherein it was discussed the case Somesh Thapliyal’s cited supra and directed the respondents to permit the petitioners therein for written examination subject to their eligibility and qualifications as per APSEB Regulations. Learned counsel for the petitioners requested this Court to pass similar order in this writ petition, as the Hon’ble Division Bench rightly discussed the facts and case law involved in the instant case. 9. No doubt, learned Standing Counsel for the respondents vehemently contended that having agreed to work for a period of six years of regular service in the categories of Firemen and Security Guards and in view of the specific condition in the appointment order dated 10.03.2016, the writ petitioners are stopped from claiming the subject posts. It is the contention of the respondents that as per Clause 4(d) of the Appointment Orders which stipulates in the following manner “4...... a)..... b).... c).... d) The post of Firemen/ Security Guard is an essential uniformed services of APGENCO. Therefore, the candidates appointed in uniformed services shall not be permitted to convert other services of APGENCO for a period of 10 years”. 10. a)..... b).... c).... d) The post of Firemen/ Security Guard is an essential uniformed services of APGENCO. Therefore, the candidates appointed in uniformed services shall not be permitted to convert other services of APGENCO for a period of 10 years”. 10. While referring the above Clause the appointment order, it is submitted by the learned counsel for the petitioners that the imposition of such a condition and consequent refusal to consider the case of the petitioners for the subject posts is contrary to the amendment issued by APGENCO to the APSEB Service Regulations vide G.O.O.No. 74/JS(Per)/2008, dated 17.05.2008 which reads as follows: AMENDMENT The existing provisions for the post of Sub-Engineer against appointment by transfer shall be omitted. The following shall be added in Column (3) against the post of Sub- Engineer under appointment by transfer, in Annexure-III of APSEB SRs-Part-III. (a) Any in service candidate working in any service such as Accounts, P & G, Security Service etc., (b) A pass in Diploma in any discipline, such as Electrical, Mechanical, Civil, Telecommunications, Instrumentation, Computer Sciences, Architecture, Mining etc., (c) Must pass in the screening test to be conducted by the department once in a year. (d) Appointment by transfer to the post of Sub-Engineer shall be subject to availability of posts. (e) Must be an approved probationer in the cadre from which the appointment by transfer is being made. 11. In view of the same, the petitioners in the instant case also eligible for appointment by transfer to the post of Junior Engineer and also to the post of Assistant Executive Chemist notified by the respondents. Therefore, following the decisions cited supra, the impugned orders issued by the respondents dated 22.07.2022 and 01.09.2022 imposing bar against the petitioners are declaring as illegal and arbitrary and same is liable to be set aside. 12. During pendency of this Writ Petition, the respondents have issued Circular Memo No. CGM (Adm, IS&ERP)/GM (HR-Adm)/EE(Adm)/Dy.EE (Adm-II)/AEE (A-I) D.No.349/24, dated 28.06.2024 issued for filling up the posts or Junior Engineers by way of Appointment by transfer. Therefore, the petitioner has filed I.A.No.1 of 2024 to grant interim suspension of the said Circular Memo dated 28.06.2024. Accordingly, this Court granted interim suspension till this day vide order dated 20.07.2024. 13. Therefore, the petitioner has filed I.A.No.1 of 2024 to grant interim suspension of the said Circular Memo dated 28.06.2024. Accordingly, this Court granted interim suspension till this day vide order dated 20.07.2024. 13. However, the respondents issued Circular Memo dated 28.06.2024 and the petitioners are eligible and qualified, but in view of the impugned action of the respondents, the petitioners are sought to be deprived of opportunity of selection as contended by the petitioners. The petitioners were permitted to writ examination held on 11.11.2022 as per Judgment of the Division Bench of this Court in W.A.No. 854 of 2022, but result of the petitioners have not been declared on the ground of pendency of the writ petition, while issuing the appointment orders appointing all other candidates. 14. In view of the aforementioned circumstances, this Court feels that the petitioners are eligible and qualified for the proposed posts by way of appointment by transfer vide vide Circular Memo dated 28.06.2024. Hence, the respondents are directed to consider the case of the respective petitioners in W.P.No. 30128 of 2022 for the posts of ‘Junior Engineer’ and for the petitioners in W.P.No.30317 of 2022 for the posts of ‘Assistant Executive Chemist’ in the proposed filling up the posts vide Circular Memo No.CGM (Adm, IS&ERP)/GM (HR-Adm)/EE(Adm)/Dy.EE (Adm-II)/AEE (A-I) D.No. 349/24, dated 28.06.2024 and issue appropriate orders in favour of the petitioners. 15. With the above direction, the Writ Petitions are allowed, while declaring the impugned order issued by the respondents dated 22.07.2022 and 01.09.2022 imposing bar against the petitioners as illegal, arbitrary and same is hereby set aside. There shall be no order as to costs. The miscellaneous applications pending, if any, shall also stand closed.