K. Ravinder v. The State of Telangana

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ, order or direction more particularly one in the nature of writ of mandamus declaring the Memo No.1024ICS2/S1fiS.12014 dated 30.01.2017 issued by the 2nd respondent, in rejecting the claim of the petitioner for appointment by transfer to the post of Assistant Engineer (PH), as void illegal, aibitrary, u nco nstitutio nal and violative of Articles 14 and 16 of the Constitution of lndia and also contrary to Rule 3 (5) of the A.P. Public Health and l\tlunicipal Engineering subordinale Service ahd consequently direct the respondents to consider the case of the petitioner for appointment by transfer to the post of Assistant Engineer (Public Health) by considering the representation made by the petitionei dated 21 .O1 .2019 and 24.01.2019 as was done in the case of similarly situated employees belongs to Non Technical services working in the Public Health Department. lA NO: 1 OF 2019 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed n rsupport of the petition, the High courl may lre pleased to direct the respondents to consider the case of the petitioner for aprpointment by transfer to the post of Assistant Engineer (Public Health) by cc nsidering the representation mader by the petitioner dated 21 .01.2019 and 24.01.2019 as was done in the case of similarly situated employees belongs to Non Technical services working in 1.he Public Health Department pending disposat of the above writ petition. Counsel for the Petitioner: SRI S. JAGADISH Counsel for the Respondents: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT The Court made the following: ORDER l\ TTIE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETI TION No.15543 OF 2019 ORDER: This Writ Petition is hled under Article 226 of Constitution of India seeking the following relief: '.-.to issue wit, order or direction more particularlg one in the of ntandamus d.eclaring the Memo nature of uit No.1024/ CS2/ 51/ TS/ 2014 dated 30.O1.2017 issued bg the 2^d respondent, in rejecting the claim of the petitioner for qpPointment bg trensfer to the post o/ Assistanl Engtneer (PH), as uoid illegaL arbitiary, unconstitutional and uiolatiue of Articles 14 and 16 of the Constitution of India and o,lso contrary to Rute 3 (5) of the A.P. Public Health antl Municipal Engineeing Subordinqte Seruice and con-sequentlg direct tte respondents to consider the case of the petitioner for appointment bg transfer to the post of Assistant Engineer 7l\blic Health) bg consideing the representation made bg the petitioner dated 21.O1.2019 qnd 24.01.2O19 as uas done in the case of simitarlg situoted emploVees belongs to Non Technical seruices uorking in the Public Health Department and to pass.. . " 2 Heard Sri S.Jagadish, learned counsel for the petitioner and learned Government Pleader for Services-I for the respondents' 3, Learned counsel for the petitioner submits that the pefitioner was appointed as Junior Assistant on 12.03.2007 in Public Health Department and was promoted as Senior Assistant on O3'06'2009' Thereafter, permission was accorded to the petitioner to pursue correspondence Course of Diploma in Civil Engineering in the Institute of Advanced Studies in Education University, Gandhividya Mandir, Sardarshar, Rajasthan, vide proceedings of the 3'd respondent, dated 31'O1'2009 and the petitioner successfully secured First Division. It is further submitted that as -teaa 71 2 v,p I55r3 2019 per Rule 3(5) o the A.P. Public Health ald Municipal Errgineering Subordinate Service Rules, 1964, the recruitment b)' transfer to the post of r\,lditional Assistant Engineer/Municipal Assistant Engineer is <:arried out when there are no qualified emrrloyees in the Departrr e n t, for such promotion or by direct rer rruitment. Further, as prer Rule 3(b) of the said Special Rules, the ratio of 1:1 is prescribed lrrr direct recruitment and recruitment b,r transfer and, as per iRr-rle 7 of tlre said Rules, the qualification prescribed for the post ol Additional Assistant Engineer/ Municipal Assistant Engineer is passing of L.C.E., or any other equivalenl Diploma from any recogrLized Institute.

4. Learne,l counsel for the petitioner further subrnits that pursuant to r-he representation of the petitioner dated 75.O7 .2076, the respcrnder ts have rejected his claim uide irnpugnzd memo No.1024lCS2 lS\l/TS/2014, dated 30.Ol.2Ol7, on the ground that there is no learth of qualified Technicai candidates in the Department rvho are eligible for promotion to the post of Assistant Engineer and rllso that the Government is recruiting sufficient Assistant Engineers in the Department iegularly.

5. karned <:ounsel for the petitioner further submitsi that the respondents h,lve rejected the claim of the petitioner in January, 2017 and at pre sent, the Posts of Municipal Assistant Enllineer are \ i ,. 3 PK,J wp 15543 2019 t , vacant and available to be filled in. Therefore, learned counsel prays this Court to permit the petitioner to make a representation before the respondents seeking redressal of his grievance and that the respondents may be directed to consider the same and pass appropriate orders, within a stipulated period of time.

6. Learned Government Pleader for the respondents submits that since there is no dearth of qualihed technical candidates in the Institute who are eligible to be promoted as Assistant Engineers, the claim of the petitioner was rejected. However, it is fairly submitted that on receipt of a representation from the petitioner, the respondents will consider the same and pass appropriate orders, in accordance with law.

7. Having regard to the submissions made by learned counsel for the respective parties, without going into the merits of the case, this Writ Petition is disposed of permitting the petitioner to make a fresh representation before the respondents for redressal of his grievance, within a period of three (03) weeks from the date of receipt of a copy of this order. On receipt of such representation, the respondents are directed to consider the same and pass appropriate orders thereon strictly in accordance with law, as expeditiously as possible, preferably within a period of four (04) i ; 4 w| 15543 2019 ,.r ll weeks therefr()rn and communicate a copy thereof to the petitioner. There shall te no order as to costs. Miscellaneous petitions pending, if any, shali stand closed. //TRUE COPY// SD/- K. AMMAJI SISTANT REGISTRAR AA \\ sEcloN oFFlcER To,

1. The Principal Secretary, Municipal Administration 2. The Engineer-in-Chief, Public Health And IVunicipal Engineering Service, State of Telangana, Secretariat, Hydereabad Urban D,:velopment Department, -lher Govt. of Telangana, A.C.Guards, Hyderabad.

3. The Superinbnding Engrneer, P.H.Circle, Warangal, Warangal Dist. 4. One CC to Sttl [i. JAGADISH, Advocate [OPUC] 5. Two CCs to GP FOR IVUNICIPAL ADMINISTRATION & URBAN DEVELOPTME:NT, High Court for the State of Telangana. [OUTI

6. Two CD Copies BN GJP HIGH COURT DATED:1310212025 ORDER WP.No.15543 of 2019 -2.- - 'r'i* ' .t; Sl..\f c l':"- I'il-) O t APfl 2U25 Z C 1 .:. * \ t) s r.',\ ra \;; =:-ia- * .rE9 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I