G GOPAL RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This batch of writ petitions may be disposed of by a common order inasmuch as all of them are preferred against the common order of the Andhra Pradesh Administrative Tribunal dated 1-2-1999 made in O.A.No. 3497 of 1995 and Batch (particularly against the orders in O.A. Nos. 3289 and 3881 of 1994; 294 and 1293 of 1995; 6296 of 1996 and 5435 of 1997). The legality, correctness and validity of the said order are impugned in all these writ petitions.

(2.) The sum and substance of the dispute is with regard to the promotion of Assistant Executive Engineers to the post of Deputy Executive Engineers in both the Roads & Buildings Department and Irrigation Department in the Government of Andhra Pradesh. The dispute essentially is in between the graduate and post-graduate engineers. The Assistant Executive Engineers with post-graduate qualification claim absolute preference over the graduates in the matter of promotion to the posts of Deputy Executive Engineers. The Government acceded to their request and accordingly issued orders in G.O.Ms.No. 28 to 31, Transport, Roads & Buildings (Ser.II) Department, dated 16-2-1994 and G.O.Ms.Nos. 300 to 308, Transport, Roads & Buildings (Ser. II) Department, dated 23-11-1994 applying the rule of absolute preference to the post-graduate Assistant Executive Engineers' in the matter of promotion to the post of Deputy Executive Engineers up to the year 1983-84. The Government vide the said orders accordingly issued necessary orders revising the lists of the officers for the panel years 1975-76,1976-77,1977-78,1978-79,1979-80 and 1980-81. The Government while issuing the said orders considered the eligibility criteria of the post-graduate Assistant Executive Engineers in respect of each panel year. They were admittedly treated as a separate class, and only after their claims were considered the cases of graduates have been considered and the selections have been made on the basis of merit and ability. Preference was accorded to the postgraduate Assistant Executive Engineers at every selection and after duly giving such preference, the claims of graduate Assistant Executive Engineers who were also eligible for further promotion have been considered.

(3.) The graduate Assistant Executive Engineers challenged the said decision of the Government in the Andhra Pradesh Administrative Tribunal in O.A.No. 3497 of 1995 and Batch (particularly in O.A. Nos. 3289 and 3881 of 1994; 294 and 1293 of 1995;6296 of 1996 and 5435 of 1997). The Tribunal allowed the said Original Applications filed by the graduate engineers and accordingly quashed the impugned governmental orders.