LAWS(SC)-2008-11-100

T VENKATESWARULU Vs. EXECUTIVE OFFICER TIRUMALA TIRUPATHI DEVASTHANAMS

Decided On November 07, 2008
T. VENKATESWARULU Appellant
V/S
EXECUTIVE OFFICER, TIRUMALA TIRUPATHI DEVASTHANAMS Respondents

JUDGEMENT

(1.) Special leave granted.

(2.) These appeals are directed against a common judgment and order dated 8th July, 2004 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Cross Writ Appeals No.767 and 846 of 2000. By the impugned judgment, the Division Bench while reversing the decision of the learned Single Judge has held that the appellant is eligible for conversion as Assistant Executive Engineer only with effect from 26th October, 1989 and not from an anterior date when he passed the qualifying graduate examination i.e. 28th August, 1983.

(3.) To understand the controversy involved, a few material facts may be stated, which are as under : The appellant, a diploma holder, who was initially sponsored by the Employment Exchange for the post of "Supervisor", was considered and appointed as a "Draughts-man Grade-I" in Tirumala Tirupathi Devasthanams (for short TTD') on 3rd August, 1977. The post of Draughtsman Grade-I was considered to be lower to the post of "Supervisor". On 17th March, 1978, by G.O. 563, the State of Andhra Pradesh provided some promotional opportunities to the Supervisors. It was ordered that Supervisors who acquire engineering graduate qualification may be promoted temporarily to the post of Junior Engineers. The TTD Rules, 1978 came into force on 2nd August, 1978. Under these Rules, the only method of recruitment to the post of Junior Engineer was by direct recruitment and, therefore, under the 1978 Rules, there was no provision for promotion of Supervisors as Junior Engineers. It was only by virtue of G.O. 563, Supervisors, who had acquired BE qualification could be promoted as a Junior Engineer. By G.O. No. 173 dated 8th April, 1981, the post of Junior Engineer was re-designated as Assistant Executive Engineer and the post of Supervisor was re-designated as Assistant Engineer.