IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)

TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND NINE

PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY

WRIT PETITION NO : 17478 of 2005

Between:

1 The State of Andhra Pradesh rep by its Principal Secretary to Governmet, Irrigation Department, Secretariat, Hyderabad

2 The Engineer-in-Chief Government, of A.P., I&CAD Department, Errumanzil, Hyderabad,

3 The Superintending Engineer, Dam Maintenance Circle, NSRS. Project,

4 The Executive Engineer, Campas and Buildings Division, NSRS, Project

..... PETITIONERS

AND

Sri V. Thimmaiah S/o V. Hanumaiah Work Inspector, GR. II, O/o Section Officer, Transport Section, S.P. P., Red Hills, Hyderabad .....RESPONDENT

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Certiorari" by calling for records relating to the order passed in O.A. No. 3023/2002, Dt.15-12-2004 and quash the same as illegal arbitrary and pass such other order or orders as this Hon'ble court deemed fit and proper.

Counsel for the Petitioners: GP FOR SERVICES II

Counsel for the Respondent.: MR.P.NAVEEN RAO

The Court made the following :

ORDER: (PER HON'BLE SRI JUSTICE GHULAM MOHAMMED)

This writ petition is filed by the Government seeking writ of Certiorari by calling for records relating to the Order dated 15.12.2004 passed in O.A.No.3023 of 2002 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad, (for short, 'the Tribunal').

2. The respondent herein, who is the applicant in O.A., approached the Tribunal by filing O.A. No.3023 of 2002 under Section 19 of the Administrative Tribunals Act, 1985 challenging the validity of Memo. No.EE/C&D/AB/EC.2/E.10 (B)/13465, dated 30.11.2000, issued by the Superintending Engineer, Dam Maintenance Circle, Srisailam Project, Red Hills, Hyderabad-3 rd respondent and consequently direct the respondents to grant the applicant 16 years automatic advancement grade scale in terms of the order issued vide G.O.(P) No.150, Finance and Planning (FW:P.C-II) Department, dated 01.09.1999 on and from the date of completion of 16 years of service as Work Inspector Grade-II with all consequential benefits.

3. The respondent herein joined as Work Mestri on 16.08.1964 and his services were converted as Work Inspector Grade-III with effect from 07.02.1974 and he was promoted as Work Inspector Grade-II with effect from 01.09.1984. He was given 8 years automatic advancement grade benefit in the year 1992. The Government issued G.O.Ms.No.107, PW. (L1) Department, dated 07.02.1974, in order to rationalize various grades and categories of posts. In terms of the said G.O., the respondent was converted as Work Inspector Grade-II. Further, the Government issued G.O.Ms.No.226, dated 26.06.1980 prescribing uniform grades and scales of pay to various grades of Work Inspectors, as such, the grades of Work Inspectors in Irrigation Department are being reduced by one stage. However, as some anomalies persisted, the Government issued G.O.Ms.No.370, Irrigation (Ser.V) Department, dated 04.08.1984. The applicant pleads that the

qualification prescribed in G.O.Ms.No.226, dated 26.06.1980 are only applicable to the new entrants and not applicable to the personnel who are already in service. The applicant could not be promoted for want of vacancy. The Government issued G.O.Ms.No.117, Finance & Planning (PRC.I) Department, dt.25.05.1981 whereby the government introduced 3 grades of posts called Special Grade post, Special Temporary Promotion post and Special Adhoc Promotion Post. On completion of 10 years of service, an employee was entitled to Special Grade post. On completion of 15 years of service an employee is entitled to Special Temporary Post. In terms of the G.O.Ms.No.290, dated 22.07.1993, the applicant is entitled for grant of 16 years automatic advancement grade with effect from 01.04.1993. The applicant's request has been negatived by the Superintendent Engineer in his Memo No.SE/DMC /AB/AC.2/E.22.E.1/70/DM, dated 25.10.2000 on the ground that the applicant does not possess the qualification prescribed in G.O.Ms.No.226 for promotion to the post of Work Inspector Grade-I and that he cannot be considered for grant of 16 years automatic advancement grade scale. Therefore, the applicant challenges the action of the respondents as arbitrary, illegal and contrary to G.O.Ms.No.370, Irrigation (Ser.V) Department, dated 04.08.1984.

4. After hearing learned counsel for the parties, the learned Tribunal held that the Memo. No.EE/C&D/AB/ EC.2/E.10(B)/13465, dated 30.11.2000, issued by the Superintending Engineer, Dam Maintenance Circle, Srisailam Project, Red Hills, Hyderabad-3 rd respondent is illegal and contrary to law. While disposing of the O.A., the learned Tribunal held that the applicant is entitled for 16 years automatic advancement grade scale and directed the respondents to extend the said benefit to the applicant within a period of four months from the date of receipt of the order. Aggrieved by the same, the

Government preferred this writ petition.

5. Heard learned Government Pleader for Services-II appearing for the petitioners and learned counsel appearing for the respondent.

6. Learned Government Pleader for Services-II appearing for the petitioners contends that the order impugned before Tribunal was only a proposal with regard to the persons, who completed 16 years of service, for automatic advancement grade scale. He further contended that the automatic advancement grade scale is applicable only in respect of Work Inspectors Grade-I and not in respect of Work Inspectors Grade-II and the qualification prescribed was B.E. degree and since the respondent was not holding a B.E. Degree as on that date, irrespective of length of service, he is not entitled for 16 automatic advancement grade scale as sought for and that the learned Tribunal committed a serious irregularity by holding that the applicant is entitled for 16 years automatic advancement grade scale and directed the respondents therein to extend the said benefit to the applicant.

7. On other hand, learned counsel appearing for the respondent has drawn our attention to Para.2 of the G.O.Ms.No.370, Irrigation (Ser.V) Department, dated 04.08.1984, which reads as follows:

ii) The existing personnel who are already categorized under G.O.Ms.No.107, dt.7.2.74 should be brought into the redesignated categories as shown in the statement in Para.5 of G.O.Ms.No.226, I & P, dt.26.06.80 eventhough the personnel as on 26.6.80 do not possess the qualifications prescribed in G.O.Ms.No.226, I & P, dt.26.6.80.

iii) After bringing the existing Work Inspectors to the redesignated grades ordered in G.O.Ms.No.226, dt.26.6.80 as per item (ii) above, they may be allowed one step promotion i.e., to the next higher grade only as and when vacancies arise and subject to their putting in service as follows:

^"3. Government after careful examination and taking into consideration the discussions held in meeting with the officials of all Engineering /Departments of State Government, direct that:-

i) The qualifications prescribed for various grades of Work Inspectors vide G.O.Ms.No.226, I & P Department, dt.26.06.1980 should apply to new entrants only, and all initial recruitment of persons should be as per G.O.Ms.No.226, I & P Department, dt.26.6.1980 i.e., who fulfill the educational qualifications prescribed therein.

Trade as now redesignated in<br>G.O.Ms.No.226, I&P, dt.26.6.80.	Service to be put in the pre-redesignated<br>grade, or in the pre-redesignated grade<br>and redesignated grade together as the<br>case may be.
1. Work Inspector Gr.I	Must<br>have<br>had<br>experience<br>as<br>Work<br>Inspector Gr.II for 10 years for non-diploma<br>holders and 6 years for diploma holders.
2.Work Inspector Gr.II	Must have had 3 years experience as Work<br>Inspector Gr.III
3.Work Inspector Gr.III	Must have had 5 years experience as Work<br>Inspector Gr.IV."

8. It is needless to mention that for the post of Work Inspector Grade-I, one must have experience as Work Inspector Grade-II for 10 years for non-diploma holders and 6 years for diploma holders. The petitioner is working as Work Inspector Grade-II since 01.10.1984 and has completed 16 years of service. It is also a fact that there are no vacancies and for want of vacancies, he has not been promoted though he fulfilled all other conditions of service and he possessed the qualification of Diploma in Engineering. In such circumstances, the contention of the learned Government Pleader that the respondent is ineligible to claim advancement grade scale on the ground of not acquiring the qualification of B.E. Degree has no merit. The qualification of Graduation i.e. B.E. is applicable only to the new entrants and not to the in-service candidates, who have been working in the feeder category i.e, Work Inspectors Grade-II. It is only due to the non-availability of vacancies, the persons are being stagnated in the same post. In order to avoid frustration among the in-service employees, the Government has introduced the automatic advancement grade scales.

9. In the circumstances, we do not find any illegality or infirmity in the order impugned in this writ petition warranting interference of this Court while exercising the jurisdiction under Article 226 of the Constitution of India.

10. Accordingly, the writ petition is dismissed. No costs.

____________________ GHULAM MOHAMMED, J.

______________________

B.SESHASAYANA REDDY, J.

Date:31 st March, 2009.

Tnb/cs

..... REGISTRAR

// TRUE COPY //

SECTION OFFICER

To 1) 2 CD copies

Form-NIC-OGS/WP{TRT}

THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY

WRIT PETITION NO : 17478 of 2005 (per Hon'ble Sri Justice Ghulam Mohammed)

Dated:31 st March, 2009