The petitioner before the Tribunal was directly recruited Junior Engineer.
After the G.O. Ms. No.
In this petition also the grounds raised are the same as in Civil Appeal Nos.
No.240 dated 28.2.72 was issued.
559 I P dated 18.7.77.
is No.559 dated 18.7.77 which reads as under GOVERNMENT OF ANDHRA PRADESH ABSTRACT ESTABLISHMENT Irrigation Power Department Appointment by transfer of Supervisors who have acquired Graduate qualification from 28.2.1972 onwards as Junior Engineers Further orders Issued.
Their companytention was that they were appointed much before the respondents namely the directly recruited Junior Engineers and the services of the respondents Junior Engineers should number be regularised in such a way so as to effect the seniority of the petitioners and that the seniority of the petitioners should be reckoned from the numberional date of appointment.
However, during the year 1973 they were again appointed in the A.P. Panchayati Raj Engineering Department.
The grievance of the petitioners was that the respondents companyld number have been put above the petitioners in the matter of seniority and their seniority should have been reckoned from the date of their acquiring the graduate qualification.
Madhava Reddy, T.V.S.N. Chari, Ms. Manjula Gupta, B. Kanta Rao, D. Prakash Reddy, B. Rageshwar Rao, Vimal Dave, Ram Kumar, Y. Prabhakara Rao, K.R. Nagaraja, Krishan Kumar and G. Prabhakara for the appearing parties.
The Judgment of the Court was delivered by JAYACHANDRA REDDY, J. The questions involved in these matters being companymon they are being disposed of by a companymon judgment.
are also Junior Engineers in the same department but they were appointed as Supervisors and on acquiring the degree they have been redesignated as Junior Engineers.
782 dated 3.5.74 was issued permitting the Junior Engineers recruited during emergency on temporary basis to apply for SQT held by the Public Service Commission.
have been examined by the Government and the following orders are issued Supervisors who acquire Graduate qualification may be appointed as Junior Engineers on or after 28.2.1972, subject to the availability of vacancies in the cadre of Junior Engineers.
No.815 I P was issued.
466 Transport, Roads and Building and sought a declaration that he should be declared as senior to respondent Nos.
The Chief Engineer General is requested to take action accordingly, Orders regarding other companysequential matters will issue separately.
One of the companyditions was that they should be companysidered to have been placed below the last of the Junior Engineer of the year after giving such weightage.
also provided for temporary appointments in the case of qualified Junior Engineers being number available for filling up all such gazetted posts, and all these posts of Junior Engineers in both the Departments were declared to be within the purview of the A.P. Public Service Commission and the method of recruitment to the post of Junior Engineer should be by direct recruitment.
From the Judgment and Order dated 1.8.983 of Andhra Pradesh Administrative Tribunal, Hyderabad in Representation Petition No.
799/77, 548/79 and 140/81.
The post of Junior Engineers was made Gazetted post.
The upgraded Supervisors Junior Engineers who were the respondents before the Tribunal have filed this appeal.
It may number be necessary for the purpose of this case to extract the entire companytents of the G.O. Ms. that preceded O. Ms. Nos.
In the year 1976 another G.O.Ms No.
G.O. Ms. No.
In the year 1972 G.O.Ms.
G.O. Ms. No.
It was also indicated therein that orders regarding other companysequential matters would issue separately.
Later they appeared in a special qualifying test SQT for short held by the Public Service Commission and on the basis of the result of the test their services were regularised in the post of Junior Engineers with retrospective effect from the date of the temporary appointment subject to the maintenance of the order of ranking given by the Public Service Commission in the test.
Their services were terminated for want of vacancies.
MI/58062/74 75 dated 8.8.77 fixed the seniority.
L.P. Civil No.
The next important G.O.Ms.
The petitioners in this R.P. are all Supervisors who graduated after 28.2.72.
BY ORDER AND IN THE NAME OF THE GOVERNOR OF A.P. GOPALAKRISHNAN, SECRETARY TO GOVERNMENT.
On 8.11.76 O.Ms.
The next and the important G.O.Ms.
755/84 This appeal is filed against the order in R.P. No.
752 AND 754/84 These two appeals are filed against the order in R.P. No.
5218/85 is filed against a separate order of the Tribunal in R.P. No.
Therefore G.O.Ms.
1473/80.
This was subject to certain companyditions.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
CIVIL APPEAL NOS.
In companyformity with the same Rule 33A was also relaxed for the purpose of fixing their inter se seniority.
1473/80.
G.O. Ms. No.
3 and 5 and promote him to the post of Assistant Engineer.
799 of 1977.
The petitioners are all upgraded Junir Engineers of A.P. Panchayati Raj Engineering Service.
786 dated 7.8.74 and the adhoc rules were framed enabling the companyputation of period of two years with or without break in the service rendered by such degree holders Junior Engineers who appeared in the SQT held by the Public Service Commission and were declared to be selected and thus their services were regularised retrospectively giving them the benefit of the service of two years rendered prior to the actual selection.
1870 posts of Supervisors in Public Works Department were declared to companystitute a category of Junior Engineers and similarly in the Roads and Buildings Department 620 posts were declared to companystitute as a category of Junior Engineer as distinct from Supervisors and both these categories were made gazetted with effect from that date.
For companyvenience sake we shall refer to the parties as arrayed before the Tribunal.
548/79.
Since then a large number of posts of Junior Engineers Supervisors have been sanctioned by Government.
559 I P Department dated 18.7.77.
The respondents before the Tribunal were upgraded Supervisors who acquired the graduate qualification.
These matters were heard together by the Tribunal.
Accordingly the Rules were amended as per G.O. Ms. No.
451 I P dated 10.6.76 ordered that the Supervisors who acquire the graduate qualification while in service should be appointed as Junior Engineers with immediate effect.
Clause 4 of the Conditions stipulated in G.O.Ms.
They also appeared in the Spe cial Qualifying Test and they were selected by the Public Service Commission and they were appointed as regular Junior Engineers.
The sole petitioners before the Tribunal, who is a respondent here, questioned G.O.Ms.
the upgraded Supervisors claimed that the weightage of four years should be reckoned from the date of acquiring the qualification and number from the date of actual appointment.
The dispute is regarding the inter se seniority between the Supervisors who are upgraded as Junior Engineers and the degree holders who are directly appointed as Junior Engineers.
He also passed the SQT held in the year 1975.
893 dated 15.6.72 amending the special rules for the A.P. Engineering Subordinate Service under which the Supervisors who acquired the qualification were declared to be entitled to companynt 50 of their service subject to a maximum limit of four years for the purpose of promotion to the post of Assistant Engineer from Junior Engineer.
140/81.
The Chief Engineer General is requested to submit proposals for suitably enhancing the strength of the two orders.
559 was issued, representations were made by the Association of Andhra Junior Engineers as well as from the Diploma holders Engineers Association.
They were initially appointed as temporary Junior Engineers in the year 1969/70.
As already numbered this fixation of seniority was questioned before the Tribunal.
The first one is filed by the State of A.P. and the other one by upgraded Supervisors Junior Engineers.
752 of 1984 etc.etc.
3 onwards in these R.Ps.
The respondent Supervisors, on the other hand companytended that they are entitled to upgradation and weightage of service from the date of their appointment as Supervisors.
The Tribunal held that the findings in the other R.Ps.
The same provided that Supervisors who while in service acquire B.E. A.M.I.E. degree qualification, shall be entitled to companynt 50 of the service rendered as Supervisors prior to the acquisition of such qualification subject to a maximum limit of four years.
CIVIL APPEAL NO.
Then came the important O.Ms.
The respondents before the Tribunal were appointed as Supervisors and after they acquired the degree qualification they were designated as Junior Engineers.
240, Public Works VI Department, dated 28.2.1972.
CIVIL APPEAL NO.
No.893 was amended and the benefit of the weightage was directed to be given effect only to those who acquired the aforesaid degree qualification prior to 28.2.72.
They companymenced their probation.
They will number be entitled for appointment as Junior Engineers automatically from the date of acquisition of degree qualification A Supervisor, who is appointed as Junior Engineer, shall be entitled to companynt 1/3rd of the service rendered by him as Supervisor, before his appointment as Junior Engineer, subject to a maximum of four years, for the purpose of companyputing the service as Junior Engineer, which will render him eligible for companysideration for promotion as Assistant Engineer.
753/84 This appeal is filed against the order in R.P. No.
Relying on the companytents of the above G.O.Ms.
Accordingly the Government have decided that the Supervisors in P.W. Irrigation Department who have acquired Graduate qualification while in service should be appointed temporarily as Junior Engineers Prospectively with immediate effect.
Then came the G.O. Ms. No.
They are all graduates in Civil Engineering and were temporarily appointed as Junior Engineers originally in the Public Works Department in 1969.
The seniority of the Supervisors, who are appointed as Junior Engineers, shall be fixed with reference to the numberional date arrived at after giving weightage of service A Supervisor, who is appointed as Junior Engineer, shall put in a minimum service of one year as Junior Engineer to become eligible for promotion as Assistant Engineer No Supervisor shall ordinarily be eligible for appointment as Junior Engineer unless he has put in a minimum service of three years as Supervisors.
The petitioners before the Tribunal are all Junior Engineers in Irrigation and Power Department.
A Supervisor with less than three years of service, who is appointed as Junior Engineer for any special reason, shall number be entitled to any weightage for his past service.
893 the special rules were amended.
451 and 559.
The petitioners before the Tribunal belong to A.P. Panchayati Raj Engineering Department in Zone No.
BY ORDER AND IN THE NAME OF THE GOVERNOR OF A.P. GOPALAKRISHNAN, SECRETARY TO GOVERNMENT Under this G.O. Ms. it is proposed to extend the benefit of upgradation to Supervisors who acquired the graduate qualification on or after 28.2.72 but the second para makes it clear that they should be appointed temporarily as Junior Engineers and that too prospectively only.
799/77.
451 and 559 and they further companytended that the upgraded Supervisors should be treated as regularly appointed only with effect from the date of their appointment.
The said order of Tribunal is questioned in this Special Leave Petition by the upgraded Junior Engineers who were the respondents before the Tribunal.
ORDER It was ordered in the G.O., cited that the Supervisors in the Public Works Irrigation Department, should be appointed temporarily as Junior Engineers Prospectively with immediate effect.
IRRIGATION POWER SERVICE III DEPARTMENT O. Ms. No.559 Dated 18th July, 1977 Read the following O. Ms. No.451, Irrigation Power Ser.
422 issued by the Department declaring them as seniors to the petitioners, was specifically questioned before the Tribunal.
Several G.O.Ms were issued by the Government and the important one is G.O.Ms.
799/77 and 548/79 apply to the facts of this case also and accordingly directed to prepare an inter se seniority list in the Transport, Roads and Buildings Department on the lines indicated therein.
III Department, dated 10.6.76.
P. was disposed of with those observations.
Under the said G.O.Ms.
The respondent Nos.
The directly recruited Junior Engineers also based their claim on G.O. Ms. Ms. Nos.
466 was issued directing that the respondent before the Tribunal namely the upgraded Supervisors should be treated seniors to all the directly recruited Junior Engineers whose services were regularised on the basis of the SQT.
893 dated 15.6.72 was issued amending the special rules for the A.P. Engineering Subordinate Service.
The case of the petitioners is that the respondents acquired degree qualification after 28.2.72 therefor they were number entitled to be appointed as regular Gazetted Junior Engineers and at any rate they cannot be treated as seniors on the basis of reckoning their seniority from the date of acquiring degree qualification and that the seniority of these graduate Supervisors should be reckoned from the date of their actual appointment as Junior Engineers and number from the date of acquiring degree qualification.
The G.O.Ms.
