Decided on March 03,1971

GOVERNMENT OF A. P. Respondents


- (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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