M SRIRAMULU Vs. ANDHRA PRADESH STATE ELECTRICITY BOARD
LAWS(APH)-1992-3-16
HIGH COURT OF ANDHRA PRADESH
Decided on March 09,1992

M.SRIRAMULU Appellant
VERSUS
ANDHRA PRADESH STATE ELECTRICITY BOARD, HYDERABAD Respondents


Referred Judgements :-

A V. B [REFERRED TO]
GOVERNMENT OF ANDHRA PRADESH VS. D JANARDHANA RAO [REFERRED TO]
JIT SINGH VS. STATE OF PUNJAB [REFERRED TO]


JUDGEMENT

Mohd.Sardar Ali Khan, J. - (1.)This Writ Appeal is directed against the judgment of a learned single Judge passed in W.P No-7283 of 1986, dated 3-11-1986.
(2.)The controversy arising in the writ petition, which was dismissed by the learned single judge, is about the legality of B.P.Ms.No.247 dated 17-3-1986 by virtue of which relaxation has been given in favour of respondents 2 to 31, who are non-graduates, in matters of promotion to the next higher posts.
(3.)The back-ground to the present controversy coming to the fore is that prior to the for mation of Personnel and General Services Cells, the personnel functions at Head-quarters of the A.P. State Electricity Board were being dealt with by different agencies, i.e., Board Secretariat, Chief Engineer Electricity Generation, Chief Engineer (Civil), financial Adviser and Chief Controller of Accounts. It was felt that this was resulting in duplication of work and causing delay in matters which require urgent attention. Therefore, the matter was considered at a high level in consultation with the Administrative Staff College of India, Hyderabad and B.P. Ms. No.61 dated 21-1-1976 was issued stating that the Personnel Management, functipning at Headquarters, shall be integrated into single unit, headed by Manager, Personnel Services, which is now known as Director Personnel- In B.P.Ms.No.233 dated 24-3-1976 it was directed that the General Services, functioning at Head quarters, shall be integrated into a single unit, headed by Manager (General Services), but the channel of promotions, that existed prior to the formation of the personnel and general services cells, was continued even after the formation of the above cells. A writ petition, viz., W.P.No.4022 of 1978 was filed challenging the above said arrangement and it was disposed of with a direction that the Board may take a final decision on the question whether to continue the present reorganised cell i.e., Personal Services and General Services Cells or to restore status quo or to adopt any other reorganised method, which is deemed fit and proper. In 1983 some of the employees of the Chief Engineer's Office represented that the personnel brought in from Chief Engineer's Office are being treated differently and filed W.P.No.10282 of 1983 in the High Court of Andhra Pradesh requesting for a direction to frame uniform set of regulations applicable to both groups, i.e., Board Secretariat Personnel and Chief Engineer's Office Personnel and for preparation of integrated seniority lists on the basis of which promotions may be effected. The High Court, in its judgment dated 23-2-1984, directed that the Board shall take immediate steps for equation of posts and preparation of common seniority list of several categories working in the new unit which would result in removal of disparities in the matters of pay scales, other conditions of service including channel of promotion. Consequently, the A.P. State Electricity Board passed orders in B.P.Ms.No.636 dated 29-6-1984 and B.P.Ms.No.637 dated 29-6-1984 equating the posts of bom the units into a single integrated unit duly amending the A.P. State Electricity Board Services Regulations. Prior to the issue of B.P. Ms.No.637 dated 29-6-1984 according to the Board's service Regulations, the L.D. Clerk/U.D. Clerk of Chief Engineer's Office and Junior Assistant and Assistants of Board Secretariat were required to furnish the following qualifications/tests for pomotion to the next higher post, viz., JUDGEMENT_183_ALT3_1992Html1.htm A reading of B.P.Ms.No.637 dated 29-6-1984 reveals that graduate qualification and pass in Accounts Test was prescribed for promotion to certain categories of posts like Assistants, Personnel Officers and Deputy Managers etc. The minimum qualification for appointment to the post of Junior Assistant in the Board Secretariat is graduation from the very beginning i.e., 1-4-1959 and the same qualification is continued even under A.P.S.E. Board Service Regulations with effect from 4-3-1970. For the cadre of L.D.Clerk under the Administrative Service of Chief Engineer also graduation qualification was prescribed in the year 1974. It may be noted that there are graduates as well as non-graduates in both the units. Some of the staff pertaining to Administrative Service of Chief Engineer's Office at Headquarters and the Board Secretariat, who are non- graduates, represented for exemption from the said graduate qualification for promotion to next higher post as they did not possess graduate qualification. More over, the stipulation of graduate qualification for the purpose of promotion was not there in the earlier regulations, i.e., prior to the formation of Personnel and General Services Wings. On the basis of such representation being made, 1st respondent-A.P.S.E. Board issued B.P.Ms.No.247 dated 17-3-1986 stating, inter alia, that the graudate qualification prescribed for promotion to the next higher post in B.P.Ms.No.637 dated 29-6-1984 shall be relaxed in respect of the personnel who were in service prior to 1-10-1973 i.e., prior to the transfer of services of the Government employees to the Board service and who are now working in Personnel and General Services Wings.
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