V V SARMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) W. P. No. 607 of 1967 has been filed by three petitioners seeking a writ of Mandamus to restrain the Government from implementing the G. O. Ms. No. 179 Public Works Department D/- 2-2-1966 in so far as it relates to them. W. P. No. 938 of 1967 has been filed by three petitioners seeking a wit of Mandamus to direct the respondents 1 and 2 to implement the G. O. Ms. No. 179. Public Works Department dated 2-2-1966 and the petitioners in W. P. No. 607 of 1967 have been made respondents 3 to 5 in this writ petition. It will be convenient to deal with the two writ petitions separately.

(2.) W. P. No. 607 of 1967: The Electricity Department had two wings (1) Office of the Chief Engineer. Electricity (Projects and Board) and (2) Office of the Chief Electrical Inspector to Government. By an appropriate order dated 14-8-1957, the post of the Chief Electrical Inspector to Government was merged with the post of the Chief Engineer, Electricity. These two wings had separate units. As a measure of policy, the Government of Andhra Pradesh decided to merge the non-technical staff of the Electrical Inspectorate with the office of the Chief Engineer (Projects and Board) with effect from 14-8-1957 and have issued G. O. Ms. No. 179, Public Works Department. dated 2-2-1966. The G. O. is in these terms. Government of Andhra Pradesh Abstract Electricity Department - Establishment - Chief Electricity Inspector to Government - Merger of Non-Technical Staff with staff of the office of the Chief Engineer, Electricity (Projects and Board) - Orders - Issued. ... ... ... ... ... Public Works Department. G. O. Ms. No. 179 Dated 2-2-1966 Read the followings. From the Chief Engineer (Projects and Board) Lr. No. Adm. Roc. 156- P5/59-99, dated 13-12-1965. ORDER 1. The office of the Chief Electrical to Government continued to be a separate unit after 1-11-1956 and was under the control of an independent Officer. Subsequently, on 14-8-1957 the post of Chief Electrical Inspector to Government was merged with the post of the Additional Chief Engineer for Electricity. Consequently, the Additional Chief Engineer for Electricity was empowered to function as chief Electrical Inspector to Government. Later, on the abolition of the post of Additional Chief Engineer, the functions of Chief Electrical Inspector to Government and the Chief Engineer, Electricity were combined in one and the same officer and this position continues till now. IN these circumstances, it is considered that there is no need to keep the non-technical staff of the Electrical Inspectorate as a separate unit, and accordingly the Government accept the recommendations of the Chief Engineer, Electricity (Projects & Board) and direct that the non-technical staff of the Electrical Inspectorate be merged with the staff in the main office of the Chief Engineer (Projects & Board) with effect from 14-8-1957. 2. The combined inter se seniority list of the two offices as on 14-8-1957, as approved by the Government is appended to this order. 3. The chief Engineer (Projects & Board) is requested to review all the promotions, confirmations etc., made by him from 14-8-1957 on the basis of the combined list approved in para 2 above. (By order and in the name of the Governor of Andhra Pradesh ) N. K. Seth, Deputy Secretary to Government.

(3.) The petitioners challenge the legality and justice of the above G. O.