V RAMACHANDRA MURTHY Vs. GOVERNMENT OF A P
HIGH COURT OF ANDHRA PRADESH
GOVERNMENT OF A. P.
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(1.)These four writ petitions raise common questions for determination :
The complaint of the petitioners in these Writ petitions is
that persons who have been juniors to them in the category of Supervisors,
have been promoted as Assistant Engineers. It may be noted
here that the petitioners are holders of LCE or Upper Subordinate diplomas
serving in the Paachaval Kaj Dept. and belong to the Panchavati Raj Engineering
Subordinate service, Their further complaint is that Junior Engineers who were
not eligible for promotion as Asst, Engineers, have been promoted. They also contend that
inspite of the fact that eligible candidates were available in the Department,
Asst. Engineers and Supervisors have been drafted from
other departments for promotion to the posts of Assistant Engineers-
It is also complained that some Supervisors who were not eligible for
promotion have also been promoted.
(2.)In regard to the aforesaid complaints, only three complaints
survive for consideration, because as far as the drafting of Asst,
Engineers and Supervisors from other Departments is concerned.
the Government in its counter in Writ petition No. 168/1970 has stated
that they have been reverted to their parent departments'
Before considering the questions that survive, it is necessary
to refer to the provisions of the Andhra Pradesh Pancbayat Raj
Engineering Service Special Rules. This service consists of four
categories, of which the Asst. Engineer is the last category. 3. Appointment
to the post of Asst. Engineer in tbis service is by direct recruitment or by
transfer from among Junior Engineers or Supervisors
of the Andhra Pradesh Panchayat Raj Engineering Subordinate Service.
(3.)The qualification for promotion to the category of Assistant
Engineers is provided for in Rule 4 of the Special Rules. For purposes of
transfer from among the Junior Engineers and Supervisors
Rule 4(4) (ii) of the Special Rules provides that a Junior Engineer
must possess a B. E, degree (Civil) of a University in India, with
6 years service in that category. As far as the transfer from the
ranks of Supervisors possessing Upper Subordinate or L. C. E. diploma
or an equal qualification is concerned, what is necessary is 10
years of service and in the case of Lower Subordinate, 20 years of
service. In this context, the question that has arisen for consideration
is whether a temporary service put in by Supervisors possessing
an Upper subordinate or L. C. E diploma or a Lower Subordinate
under rule 10 (a) (ii) of the State and Subordinate Service General
rules, can be counted for determining whether an Upper Subordinate
or L C. E. diploma holder or a lower Subordinate has put in the
necessary qualifying service of 10 years or 20 years as the case
may be. This question has been considered by a Division Bench of
this Court in Writ Appeal No. 615/1970 and batch (Judgment rende
red on 3-12-1970). After referring to the definition of "service"
and other relevant definitions in the general rules, it has been held
that the context in which the word "service" is used in rule 4 (4) (ii)
of the Special Rules, shows that the service rendered by a person
after bis appointment under rule 10 should not be excluded for purposes
of counting the qualifying service provided for under that rule,
This question, therefore, is now concluded by the aforesaid decision
of a Division Bench of this Court.
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