MOHAMMAD JEELANI Vs. ANDHRA PRADESH STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner has been working as Supervisor (Additional Assistant Engineer) from 1949. Originally he was appointed on 5-11-1941 as Tracer by the then Government of Hyderabad. Thereafter, the Hydro- Electric Advisor and Chief Engineer Hydro-Electric Projects promoted him from Tracer to Supervisor Grade II with effect from 1-11-1949 and he was posted to work in the existing vacancy of Sub-Overseer in Devanoor-Hydro Electric Survey Division which post was absorbed in the Tungabhadra Hydro-Electr'c Survey Division. On the date of the State reorganisation the petitioner was working as supervisor and thereafter he was not given any promotion so far. He had the qualification of O.C.E. of Osmania University in Civil Engineering. He contends that he was working as Supervisor and on the date of States Re-organisation i.e. 1-11-1956 he was entitled for the first-stage promotion in the Andhra Pradesh without insisting any new qualification prescribed under the new rules. While he was working as supervisor in the Department, the Electricity Board was constituted in 1959. He along with others were deputed by the Government to serve the Electricity Board and he has been working in the Electricity Board from 1-4-1959. Though his iuniors Md. Ibrahim, Md. Saifuddin, Mr. Nagabhushanam Mr. Ratnaiah and Mr. Rafiuddin who are all appointed in 1952 and who are having same qualifications as that of the petitioner, were promoted to the cadre of Assistant Executive Engineer in 1964 the petitioner was not given promotion. Though the petitioner made several representations 10 the Roard, the Board did not take any action on his representations. Subsequently, Md. Ibrahim, Mr. Ratnaiah and Mr. Saifuddin improved qualification but Mr. Nagabhushnam and Mr. Rafiuddin did not improve their qualifications and they had the same qualification of OCE as that of the petitioner. But they continued to be the Assistant Engineer inspite of the representations submitted by the petitioner to ihe Electricity Board. As the Electricity Board did not take any action ard give justice to him, ihe petitioner filed W.P. No. 2576 of 1978 seeking frr the issue of a writ of mandamus directing the respondents to consider the petitioner's case for promotion as Assistant Engineer with effect from the date on which his immediate junior was promoted with all the consequential benefits such as arrears of salary, seniority etc. Kuppu-swamy, J, (as he then was) passed orders on 26-6-1978 allowing the writ petition directing the respondents to consider his case for promotion, if eligible on merits within two months from the date of order. In pursuance of the orders, the petitioner submitted petitions to the Chairman to implement the judgment of the High Court and also consider his case for being promoted as Additional Executive Engineer. But no action was taken on bis representations, dt. 24-7-1979, 23-8-1980, 14-11-1980, 23-10-1981 and 6-11-1981. The petitioner contends that as he is qualified in OCE of Osmania University, which is recognised as equivalent to Lower Subordinate, which is the qualification prescribed to the post of Assistant Engineer he is entitled to be given promotion as Assistant Engineer. In fact his juniors were given promotion with the same qualification as Assistant Engineers and they are continued to be in service till their retirement. As no action was taken by the Chairman, A. P. State Electricity Board for giving him promotion as Assistant Engineer, even though he had put in more than 34 years as Supervisor and inspite of the direction of this court in the Writ Petition No. 2576/78, he had to file this writ petition.

(2.) This petition is opposed by the Board. They contend that the petitioner's service was absorbed into the service of the Board with effect from 1-10-1973 based on the option exercised by the petitioner. Thus the petitioner has become a Board employee from 1-10-1973 and he cannot, therefore complain against the Board for the injustice done to him by the Government prior to 1101973 when his juniors were given promotion overlooking his seniority. When this court disposed of the Writ Petition No. 2576 of 1978 filed by the petitioner and gave directions that the Board should consider his case for promotion, if eligible and if he has the necessary qualification, the Board considered his case with reference to the qualification for the purpose of promotion. The Board took into consideration the petitioner's qualification as not equivalent to any of the qualifications prescribed by the Board for promotion of Assistant Engineers. The Board approached the Government for clarification. The Board also addressed the petitioner to indicate the basis on which he asserts that he satisfies the qualification prescribed by the A.P. State Electricity Board Service Regulations for the promotion of Assistant Executive Enginner (Civil), But the petitioner did not reply. For giving a clarification on the question raised by the Board the Government sent G.O.Ms. No. 286, PW. dt. 14-2-1963 to the Board with reference to the Boards' letter. In the said G.O., it is mentioned that the overseers examination in civil engineering held by the petitioner is lower than the Diploma in LCE and the said examination in Civil Engineering cannot be recognised as equivalent to LCE diploma. Still the Board considered the petitioner's case after this court granted interim directions in this writ petition to consider the case of the petitioner for promotion as Assistant Executive Engineer if he is qualified for the said post. On receipt of the said directions the Departmental Promotion Committee met on 2771983 and perused the records of the petitioner and came to the conclusion that the petitioner does not posses the qualification prescribed for promotion in the A. P. State Electricity Board Service Regulations as precondition for promotion as Assistant Executive Engineer (civil) and hence not eligible for promotion. The Board also considered the petitioner's contention that the several Additional Assistant Engineers with similar qualifications were promoted as Assistant Executive Engineers (civil) in the year 1964 and found the same as not correct. The said persons were promoted as Assistant Executive Engineer (civil) on ad-hoc basis pending approval by the Government which is the competent authority. As the Govt. did not recognise the qualifications possessed by these promotees as equivalent qualification prescribed in the rules then in force, they were also reverted. One of them approached the Court and filed WP. No 731/63 and that writ petition was dismissed. Later on they were considered for promotion only after they acquired the requisite qualification in the rules.

(3.) Sri M. R. K. Choudary, the learned cousel for the petitioner, contends that the petitioner is having the qualification of OCE of Osmania University, which is equivalent to lower Subordinate Diploma. Hence the Electricity Board is not correct to say that the petitioner is not having the requisite qualification for the promotion as Assistant Engineer.