P RADHAKRISHNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India for the issue of a writ of mandamus directing the respondents to implement and enforce G.O.Ms. No. 2674, Public Works Department, dated 4-11-1960 and to issue orders of promotion of the petitioners as Assistant Engineers (Electrical) with effect from 10-9-1963 with all the benefits of salary, rank and other rights and privileges consequential thereto.

(2.) The facts, which are not in dispute, may briefly be stated. From the time of the composite Madras State, a convention had grown that promotion to the posts of Assistant Engineers from the category of Junior Engineers (Electrical) and the category of Supervisors (Electrical), Grade I would be according to the ratio of 4 : 1. The State Government or Andhra Pradesh, however, issued G.O.Ms. No. 2674, Public Works Department, dated 4-11-'60 prescribing the ratio of 2:1 cm the advice of the State Public Service Commission. Some representation was made by the junior Engineers (Electrical). The Government re-examined the issue and went back to the original ratio of 4:1 and issued G.O.Ms. No. 2570, P.W.D., dated 8-11-1961.

(3.) The petitioners, who belong to the category of Supervisors (Electrical) Grade I were promoted as Assistant Engineers (Electrical) under emergency provisions of the rules and subsequently were reverted because there were no vacancies on which they could be continued. The grievance of the petitioners is that the petitioners ought to have been again promoted following the ratio prescribed by G.O.Ms. No. 2674 dated 4-11-1960. Since the Government have been promoting from the Junior Engineers' category to the detriment of the petitioners, the petitioners are seeking the issue of a writ of mandamus to oblige the Government to maintain the ratio of 2:1 and since the petitioners plead that under this ratio they would have got the promotion, they should be promoted with effect from the date mentioned earlier.