T JYOTHAIAH Vs. TIRUMALA TIRUPATHI DEVASTHANAM

JUDGEMENT

(1.) THIS writ petition is filed seeking a mandamus directing the first respondent to fill up the post of Executive engineer which is going to fall vacant at point No. 16, strictly in accordance with article 16 (4a) of the Constitution of India and G. O. Ms. No. 5 dated 14. 2. 2003.

(2.) IT is the case of the petitioner that he was first appointed as Assistant Executive engineer with effect from 10. 9. 1982 and was promoted as Deputy Executive Engineer with effect from 26. 7. 1999 and his probation in the said cadre was declared on 25. 7. 2001. Petitioner is presently working as Deputy executive Engineer at Sri Venkateshwara institute of Medical Sciences (Sub-Division), tirupati. The next promotion from the post of Deputy Executive Engineer is to the post of Executive Engineer. The cadre strength of Executive Engineers in the department of Tirumala Tirupati Devasthanam is 16. The rule of reservation in promotion to scheduled Castes and Scheduled Tribes is a constitutionally guaranteed right and since the cadre strength is 16, there should be three posts reserved for Scheduled Caste and as on today, there are two posts of executive Engineers filled up with candidates belonging to Scheduled Caste. The sixteenth post is about to be filled and since the petitioner is eligible, he should be promoted as Executive Engineer. There are 12 posts in the cadre of Executive Engineers in the respondent establishment upto the year 2002. There were no reservations by way of promotions to the post of Executive engineers till 2002. In the year 2002, four posts of Executive Engineers were sanctioned and in the year 2004, one Sri D. Nageshwar rao belonging to Scheduled Caste category was promoted as Executive Engineer and was placed at Serial No. 2 in the roster. One P. Manohar who belongs to Scheduled caste category was promoted as Executive engineer in the year 2005 and placed at serial No. 7 in accordance with the roster fixed under Rule 22 of A. P. State and subordinate Service Rules (for short 'the rules' ). Thereafter, one K. Jayaram Naik who belongs to Scheduled Tribe was promoted as Executive Engineer and placed at Serial No. 8, which was reserved for scheduled Tribe category. All these promotions were made strictly in accordance with the rule of reservation in promotions and roster system to be followed under the said rules. Now, a further vacancy of executive Engineer arisen by the end of April 2007, which falls at Serial No. 16, which place is reserved for Scheduled Caste. In accordance with the seniority amongst scheduled Caste, petitioner is the only candidate who is eligible to be promoted as executive Engineer. The TTD has adopted the rules and the orders issued by the government of Andhra Pradesh from time to time and all the relevant rules, which are issued by the second respondent in relation to the promotions have been adopted by the first respondent. All the promotions thereafter are being made strictly in accordance with the said rules. G. O. Ms. No. 2, Social Welfare (ROR) Department dated 9. 1. 2004 is issued providing rules relating to reservations in promotions to scheduled Castes and Scheduled Tribes. As per Rule 7 of the said Rules, promotions are to be made in accordance with the 100-point roster already prescribed under rule 22 of the Rules. In accordance with the said Rule, the post at Serial No. 16 is reserved for Scheduled Caste. According to g. O. Ms. No. 5, Social Welfare Department dated 14. 2. 2003, the existing 100-point roster already prescribed in Rule 22 shall be followed in case of promotions in all the categories where reservation in promotion in favour of Scheduled Castes and Scheduled tribes is followed. According to G. O. Ms. No. 21, Social Welfare (ROR) Department dated 18. 3. 2003, reservation in promotion in favour of Scheduled Castes and Scheduled tribes shall be implemented in promotion in all the categories of positions in all services whose total cadre strength of positions is more than 5 and Rule 22 of the Rules shall apply in promotions in favour of Scheduled castes and Scheduled Tribes, otherwise, it amounts to violation of Article 16 (4) (A)of the Constitution of India and the rules made by the Government of A. P. in the matter of reservations in promotions.

(3.) ACCORDING to the petitioner, he made a representation to the first respondent on 25. 2. 2007 to the effect that the post at serial No. 16 has to be filled up by promoting him to the post of Executive Engineer in view of the rule position. However, it was reliably learnt that the first respondent was trying to fill up the said post with third respondent who does not belong to Scheduled caste category. The very fact that the representation submitted by the petitioner was not answered so far lends support to his case. Further, the case of third respondent was very seriously being processed for the purpose of promotion. In this regard, first respondent sent a report to second respondent stating that the promotion of petitioner as Executive Engineer against sixteenth roster point is not feasible for consideration. According to the petitioner, this act is arbitrary, illegal and unconstitutional and violative of Article 16 (4a) of the constitution of India and G. O. Ms. No. 21 dated 18. 3. 2003, G. O. Ms. No. 5 dated 14. 2. 2003, G. O. Ms. No. 2 dated 9. 1. 2004 and Rule 22 of the Rules, therefore, the same is liable to be set aside.