D.SOMMAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Seeking to declare the impugned Speaking Orders vide Memo No.CMD/CGM (HRD)/GM(S)/AS(Estt.)/PO-A/143-A3/18-1, dtd. 16/12/2020, issued by respondent No.2 as illegal, arbitrary and contrary to Service Regulations 6 (a) and Annexure-III under Regulation 14 of APSEB Service Regulations Part-III, the present writ petition is filed.

(2.) Heard Sri V.Ravi Chandran, learned counsel for the petitioner, and learned Government Pleader for Services-II appearing for respondent No.1 and Sri G.Vidya Sagar, learned senior counsel, representing Smt.K.Udayasri, learned counsel for respondent Nos. 2 and 3.

(3.) Learned counsel for the petitioner has submitted that initially the petitioner was appointed as Helper in erstwhile Andhra Pradesh State Electricity Board (APSEB) on 21/7/1989 [now Telangana State Northern Power Distribution Company Limited (TSNPDCL)] and later he was promoted as Assistant Lineman and Lineman on 20/8/1994 and 28/6/1997 respectively. While working as Lineman, the petitioner had acquired Diploma in Part I and Part II of the Technician Engineers Examination in December, 1998, and a certificate dtd. 10/8/1999 was issued from the Institution of Mechanical Engineers (India). The said examination is recognized by the Department of Education in the Ministry of Human Resource Development of the Government of India at par with the Diploma in Mechanical Engineering as awarded by State Polytechnics vide Government Notification No.F.1-5/87/T.7/J.13, dtd. 11/7/1988, and as such the petitioner is entitled to use the abbreviated designation of Junior Engineer after his name. Based on the above certificate, petitioner was appointed by transfer as Sub-Engineer vide Memo No.SE.OP.KNR.ADM.D.No.17/2/2001 of respondent No.2 office and thereafter he was promoted as Additional Assistant Engineer (Civil) vide Proceedings NOO (CGM/HRD) Ms.No.48, dtd. 23/5/2005 and the petitioner joined as such on 9/6/2005. As the petitioner has been working for more than 13 years as Additional Assistant Engineer, he is entitled for further promotion to the post of Assistant Executive Engineer, as per seniority. Learned counsel has further submitted that after obtaining No-Objection certificate from the Divisional Electrical Engineer, Operation, Peddapally, vide Memo dtd. 21/12/2002, to acquire higher qualification through correspondence course, the petitioner has completed Degree in Mechanical Engineering branch, which is a prerequisite qualification to the post of Assistant Executive Engineer, and passed Ss. A and B from the Institution of Mechanical Engineers (India) in December, 2004, and a provisional certificate dtd. 26/8/2005 was also issued to him. Further, while the petitioner was working as Additional Assistant Engineer, Nizamabad, the then Superintending Engineer (Operation), Nizamabad, vide proceedings dtd. 8/6/2007 has called for the genuineness of petitioner's Degree certificate from the Controller of Examinations, Institution of Mechanical Engineers (India), Mumbai. In reply, the Council Member of the Institution of Mechanical Engineers (India), has sent letter dtd. 23/7/2007 declaring that the certificate produced by the petitioner is genuine. Hence, the certificate of the petitioner is valid for consideration for further promotion. Thereafter, in pursuance to the directions of this Court vide order dtd. 24/4/2008 in W.P. No.16355 of 2007, TRANSCO has issued Comprehensive Orders with regard to recognition of Diplomas/Degrees awarded by Universities/Deemed Universities/Institutions vide T.O.O.(Add.Secy-Per) Ms.No.134, dtd. 11/9/2008. It is further submitted that the TRANSACO has issued Amendment Orders to Service Regulations and qualifications required for appointment to the post of Assistant Divisional Engineer/Assistant Executive Engineer vide T.O.O.(Add.Secy-Per) Ms.No.494, dtd. 1/3/2011. As per the said Rules, 'A pass in Sec. "A" and "B" in Electrical or Civil or Mechanical Group examinations as the case may be from any recognized institutions/Universities and service as Additional Assistant Engineer thereafter for not less than 5 years shall be considered as eligibility qualification for appointment to the post of Assistant Divisional Engineer/Assistant Executive Engineer'. Further, the Ministry of Human Resource Development, Department of Higher Education, vide its Office Memorandum dtd. 6/12/2012 has withdrawn the recognition granted to all certificates/ qualifications awarded by professional bodies/institutions in the field of Technical Education and stipulated that from 1/6/2013 onwards the courses for equivalence will cease to have effect for employment in Central Government and the decision on the continuation of the certification of equivalence of degree/diploma would be taken by the statutory regulator i.e. All India Council for Technical Education (AICTE) after review. Subsequently, the AICTE had issued a public notice for Professional Bodies/Institutes imparting Technical Education basing on the decision of the Council taken in its 52nd Emergent Meeting held on 3/8/2017 to recognize equivalence for all purposes including higher education and employment to Technical courses conducted by various Professional Bodies/ Institutions which were duly recognized by MHRD with permanent recognition upto 31/5/2013. Thus, all the certificates of those students who were enrolled with these institutions with permanent recognition upto 31/5/2013 stand recognized. Further, as per the seniority list of Additional Assistant Engineers (Civil) prepared by respondent No.2, as on 30/4/2017, the name of the petitioner was shown at Sl.No.4 and '9/6/2005' is shown as date of commencement of probation in the cadre of Additional Assistant Engineer. It is further submitted that the second respondent has issued memo dtd. 22/5/2018 transferring certain Diploma SubEngineers and posted them as Incharge AAEs-appointment by transfer as regular AAEs basing on the orders of the Hon'ble Supreme Court in SLP Nos.3697-3698 of 2018, dtd. 10/4/2018, wherein it was directed that the degrees and diplomas in question, already granted to candidates admitted up to the academic year 2009-2010, be left undisturbed. As the petitioner has completed his Degree in Mechanical Engineering Branch from the Institution of Mechanical Engineers (India), Bombay, in the year 2005 itself, in view of the decision of the Hon'ble Supreme Court in SLP Nos.3697-3698 of 2018, dtd. 10/4/2018, and the fact that the genuineness of his certificate was already called for, the petitioner is fully eligible and entitled for further promotion as per his seniority. Therefore, the petitioner has submitted a representation to respondent No.2, through proper channel, on 6/10/2018 requesting to consider his case for promotion to the next category of Assistant Executive Engineer. However, the same was rejected by respondent No.1 vide Memo dtd. 19/11/2018 duly informing that the qualification acquired from the Institution of Mechanical Engineers (India) Mumbai cannot be considered as valid educational certificate for service benefits in terms of the order dtd. 12/10/2011 passed by this High Court in W.P.No.19083 of 2011 read with TOO Ms.No.134, dtd. 11/9/2008 and NOO Ms.No.181, dtd. 18/9/2008, and that his turn for promotion from AAE (Civil) to AEE (Civil) has not come up as per seniority. Questioning the said rejection memo dtd. 19/11/2018, petitioner filed W.P.No.2662 of 2019 and vide order dtd. 11/11/2019 the said writ petition was allowed setting aside the rejection memo dtd. 19/11/2018 and the respondents were directed to consider the case of the petitioner for promotion to the post of Assistant Executive Engineer. As the said order was not implemented, petitioner was constrained to file C.C. No.917 of 2020. At that stage, only to avoid contempt proceedings, respondent No.2 has passed the impugned order dtd. 16/12/2020 illegally and arbitrarily rejecting the case of the petitioner. Learned counsel has further contended that the impugned rejection orders were passed ignoring the fact that the services of the petitioner were already converted as Assistant Engineer (Civil) w.e.f.27/8/2005 and that the petitioner has completed 15 years of service as Additional Assistant Engineer (Civil) as on 13/7/2020, on which date respondent No.2 issued orders in terms of provision of Note-II under Regulation (6) of APSEB Service Regulations Part-III as adopted by NPDCL converting the services of the petitioner from Additional Assistant Engineer (Civil) as Assistant Engineer (Civil) on acquiring the degree qualification i.e. w.e.f.27/8/2005. Therefore, the learned counsel has contended that the impugned speaking orders are contrary to the Service Regulations of the respondents and therefore liable to be set aside.