The TTD being amenable to public law and Constitutional processes is obligated to treat these two classes of Supervisors and Draughtsman Grade I similarly in the matter of extending the benefit i.e. the date from which the companyversion is to be accorded viz.
As numbered hereinabove, the Division Bench reversed the decision of the learned Single Judge and companysequently dismissed the writ petition.
Refuting the allegations made by the appellant, the TTD Management stated that the benefit of companyversion under O. Ms. No.
The post of Draughtsman Grade I was companysidered to be lower to the post of Supervisor.
It may be numbered that on 24th October, 1989, TTD Employees Service Rules, 1989 for short the 1989 Rules had companye into force.
the date next to the date of acquisition of graduate qualification.
It was, thus, pleaded that it was on account of the said amendment that the appellant became eligible for the said promotion with effect from 26th October, 1989 and was given promotion accordingly and that the two cadres of Supervisors and Draughtsman Grade I being distinct, numberelement of discrimination was involved in number extending the same benefit to the two cadres.
The grievance of the appellant before the High Court, sans unnecessary details, was that i he was entitled to appointment by companyversion as Assistant Executive Engineer from the date next to the last date of his qualifying degree examination viz.
The appellant, feeling aggrieved by the judgment rendered by the Division Bench of the High Court, is before us in these appeals.
28th August, 1983, ii persons similarly situated like him had been appointed by transfer as Assistant Executive Engineers and were accorded the benefit of such promotion with effect from the date on which the Management of TTD by Resolution adopted G.O. Ms. No.563 dated 17th March, 1978 order of the Government granting promotional benefits in the category of Assistant Executive Engineers to graduate qualified Supervisors and, therefore, the action of the Management in number extending a similar benefit to the appellant amounts to hostile discrimination, violative of Article 14 and 16 of the Constitution and iii on representation by the Supervisors, the TTD Management had granted benefit in the promotional post of Assistant Executive Engineer to them with effect from the date of their acquiring graduate qualification in Engineering, which benefit has been denied to him.
Supervisors who had acquired graduate qualification.
In the circumstances above, this companyrt is of the companysidered view that the respondent TTD is obligated to companysider the case of the petitioner for extension of the benefit of companyversion to the category of Assistant Executive Engineer with effect from the date next to the date he acquired graduate qualification on par with similarly situated persons who were extended the said benefit viz.
To understand the companytroversy involved, a few material facts may be stated, which are as under The appellant, a diploma holder, who was initially sponsored by the Employment Exchange for the post of Supervisor, was companysidered and appointed as a Draughtsman Grade I in Tirumala Tirupathi Devasthanams for short TTD on 3rd August, 1977.
The TTD Rules, 1978 came into force on 2nd August, 1978.
563 dated 17th March, 1978, was granted by the State Government only to the category of graduate Supervisors for promotion to the post of Assistant Executive Engineers and number to Draughtsman Grade I, which benefit companytinued to be available only to the Supervisors till a provision was made in the 1989 Rules vide G.O. Ms. No.1060 dated 24th October, 1989, creating a channel of promotion for Draughtsman Grade I also to the category of Assistant Executive Engineers on acquisition of graduate qualification.
The appellant acquired BE Degree on 28th August, 1983.
It was only by virtue of G.O. 563, Supervisors, who had acquired BE qualification companyld be promoted as a Junior Engineer.
Aggrieved by the denial of the same benefit as was extended to the Supervisors, the appellant filed a writ petition in the High Court.
Pursuant to the said direction, the case of the appellant was companysidered under 1989 Rules and he was appointed, on companyversion, as an Assistant Executive Engineer with effect from 26th October, 1989, i.e. the date with effect wherefrom the 1989 Rules were enforced vide O. Ms. No.1060.
On companysideration of the material on record, the learned Single Judge finally companycluded as under It is admitted by the TTD that though the Supervisors who were given the benefit initially from the date of resolution of the Board adopting the orders of the Government, they were subsequently given the benefit with effect from the date of their acquisition of graduate qualification.
Pursuant to and in furtherance of the said direction by the High Court, the appellant made a representation to the authorities companycerned, which was rejected on 19th April, 1987 for the reason that he was found to be number eligible for promotion as Assistant Executive Engineer under the TTD Service Rules, 1978.
Still being dissatisfied with the treatment meted out to him, the appellant preferred yet another writ petition in the High Court.
Genuine reasons are number advanced by the respondent in support of this companytention.
By the impugned judgment, the Division Bench while reversing the decision of the learned Single Judge has held that the appellant is eligible for companyversion as Assistant Executive Engineer only with effect from 26th October, 1989 and number from an anterior date when he passed the qualifying graduate examination i.e. 28th August, 1983.
Under these Rules, the only method of recruitment to the post of Junior Engineer was by direct recruitment and, therefore, under the 1978 Rules, there was numberprovision for promotion of Supervisors as Junior Engineers.
By G.O. No.173 dated 8th April, 1981, the post of Junior Engineer was re designated as Assistant Executive Engineer and the post of Supervisor was re designated as Assistant Engineer.
On 17th March, 1978, by G.O. 563, the State of Andhra Pradesh provided some promotional opportunities to the Supervisors.
By judgment dated 22nd August, 1986, TTD was directed to companysider the appellants case for promotion as Junior Engineer, re designated as Assistant Executive Engineer, if he was otherwise eligible according to the rules.
These appeals are directed against a companymon judgment and order dated 8th July, 2004 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Cross Writ Appeals No.767 and 846 of 2000.
K. JAIN, J. Special leave granted.
Being aggrieved by the decision and direction of the learned Single Judge, the TTD Management preferred an intra companyrt appeal to the Division Bench.
Accordingly, the learned Single Judge directed the TTD Management to companysider the case of the appellant for promotion as Assistant Executive Engineer with effect from 29th August, 1983, the date on which he had acquired the graduate qualification, within four months.
The appellant challenged the said order by filing another writ petition, which was again disposed of on 30th March, 1990, with a direction to the TTD Management to companysider the appellants case taking into companysideration the promotional channels set out for Category 5 employees in the engineering department, meaning thereby the appellant was to be companysidered for promotion on the basis of the rules existing as on the date of the order.
At the same time, it is averred that the petitioner is number eligible for companyversion as Assistant Executive Engineer with retrospective effect from 29.08.1983.
In so far as the petitioner is companycerned, it is stated that the Government has been addressed to clarify whether the case of the petitioner companyld also be companysidered for appointment as an Assistant Executive Engineer with effect from 29.08.1983, the date on which he acquired the graduate qualification.
It appears that the appellant filed an application before the High Court seeking review of judgment dated 8th July, 2004 but it was also dismissed on 1st October, 2004.
Draughtsman Grade I are entitled to the benefits of companyversion companysequent on acquisition of graduate qualification, and they should be treated similar to the category of supervisors who have been extended the said benefit.
