N B RAMESH Vs. B KRISHNA REDDY

JUDGEMENT

(1.) The writ appeals have been filed challenging the order of the teamed single Judge dated 11-10-1996 passed in W.P.No.18595/96 directing the Andhra Pradesh Pollution Control Board-1st respondent to consider the case of the petitioner for promotion and appoint him as Senior Environmental Scientist.

(2.) Writ Appeal No. 1298/96 is filed by one Mr. N.B. Ramesh who was the 2nd respondent in W.P.No. 18596/96 and Writ Appeal No. 1300/96 is filed by the A.P. Pollution Control Board, the 1st respondent in W.P.No. 18596/96. W.P.No.17961/97 is filed by N.B. Ramesh seeking a direction to the respondents therein to treat the diploma in AIC on par with M.Sc. Chemistry. Since both the writ appeals are directed against the single Judge order and the point involved in W.P.No.17961/97 is also the subject-matter of the writ appeals, they are clubbed, heard together and disposed of by a common order.

(3.) A few facts which are necessary to dispose of these matters are as follows :- The A.P. Pollution Control Board, Hyderabad, hereinafter referred to as "the Board" is an authority of the State constituted under the provisions of the A.P. Water (Prevention and Control of Pollution) Act, 1974, hereinafter referred to as "The Act''. The service conditions of the employees of the Board are governed by the provisions of the Water (Prevention and Control of Pollution) Rules, 1976, hereinafter referred to as "the Rules". The Rules have been framed by the State of Andhra Pradesh by exercising its powers under the provisions of Section 64 of the Act. Rule 4 of the Rules envisages that no person shall be eligible for appointment to any category in the service unless he possesses the qualifications prescribed. Rule 14 of the Rules envisages that no member of a service shall be eligible for promotion from the category in which he was appointed to the service unless he has satisfactorily completed his probation in that category and has passed such tests as may be prescribed by the Board and all promotions in the service shall be made on grounds of merit and ability, seniority being considered only where merit and ability are approximately equal. The mode of recruitment and qualification for the post of Junior Scientific Officer and the Senior Scientific Officer are extracted herein : As per the said recruitment rules. For the post of Junior Scientific Officer by way of direct recruitment one must possess a Master degree in Chemistry/Bio-Chemistry or Biology of Environmental Sciences of a recognised University. For the same post by way of promotion one must possess the same qualification that is prescribed for direct recruitment and in addition, one must have served as Analyst Grade I for not less than three years. For the post of Scientific Officer (Senior Environmental Scientist) both by way of direct recruitment and by promotion one must possess the same qualification as prescribed for the post of Junior Scientific Officer. In addition, one must have served as Junior Chemist for not less than ten years in the case of direct recruitment and 5 years in the case of promotion.