V. SRINIVASA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THE writ petitioner herein is applicant in O.A. No. 9317 of 2002. The writ petitioner and one N. Ram Mohan Rao, filed O.As., before the Tribunal seeking declaration that note 3(ii) and (iii) of the Rule 3 of Andhra Pradesh Panchayat Raj and Rural Development Services Rules, (or short "the Rules"), as arbitrary, illegal and violative of Articles 14 and 16 of the Constitution of India and to direct the respondents to consider only such of the Deputy Executive Engineers who possess the qualifications prescribed in the Annexure to Rule 3(b) for promotion to the post of Executive Engineers.

(2.) IT is the case of the applicants before the Tribunal that they joined the government service as Assistant Executive Engineers (A.E.Es.) in the year 1980 and later they were selected by the A.P.P.S.C and appointed in the year 1984. The applicants were promoted as Deputy Executive Engineers, on 6 -2 -1990 and 11 -2 -1991 respectively. The post of Assistant Executive Engineer is governed by the Rules issued in G.O.Ms. No. 291 dated 23 -3 -1963 and the same were amended vide G.O.Ms. No. 662 dated 24 -11 -1987, providing a channel for Assistant Engineers (Supervisors) by transfer to the post of Assistant Executive Engineer subject to acquiring Engineering graduation qualification. The Supervisors are eligible for promotion to the post of Deputy Executive Engineer to the extent of 1/4th of the vacancies. As per G.O.Ms. No. 662 dated 26 -11 -1987, the Assistant Engineers on appointment as Assistant Executive Engineers are entitled to count 1/3rd of the service rendered as Assistant Engineer before his appointment as Assistant Executive Engineer subject to a maximum of four years. The Assistant Executive Engineers are entitled for promotion to the post of Deputy Executive Engineer to the extent of two vacancies out of three vacancies. The Government issued revised Special Rules through G.O.Ms. No. 15, PR & RD, dated 8 -1 -1999, according to which, the post of Assistant Executive Engineer is to be filled only by direct recruitment. The post of Deputy Executive Engineer is to be filled by promotion from the Assistant Executive Engineer cadre and by appointment by transfer of Assistant Engineer (Supervisors), Draughtsman Special Grade and Draughtsman Gr.I. As per Note -I of Rule -3 of the Rules, the A.Es. (supervisors) are entitled for 4th, 8th, 12th, 16th, 20th, 24th and 28th vacancies in a cycle of 36 vacancies to the cadre of Deputy Executive Engineers. According to the petitioner, 32nd vacancy goes to the Draughtsman Special Grade and Draughtsman Gr.l and 36th vacancy has to be filled by appointment by transfer of A.E (Supervisors) with B.E. technical qualification. Rule 3(b) of the Rules clearly prescribes that no person shall be eligible for appointment to the post of Executive Engineer by promotion unless he possesses a Bachelors Degree in Civil or Mechanical Engineering or a pass in Section A and B of AM IE examination conducted by the Institute of Engineers in Civil or Mechanical Engineering or a pass in Section A and B of AMIE examination conducted by the Institute of Engineers in Civil or Mechanical or AMIE and B.Sc. (Engineering) of Ranchi University or an equivalent qualification. The post of Executive Engineer is to be filled up by promotion from the category of Deputy Executive Engineer. It is noteworthy that bachelors engineering degree is prescribed as qualification for the post of Executive Engineer.

(3.) THE Tribunal by its impugned order struck down Notes(ii) of Rule 3(a) of the Rules as unconstitutional, while upholding note 3(iii) of the Rule 3(a) of the said Rules.