The High Court · 2025

5. T. Srinivas Rao Gupta, Sio. late T.Hari Kishan, Aged 57 years, Occ Superintending Engineer (FAC) R/o. H.No. B-6-349/D, Alkapuri Colony, Karimnagar .

6. State Of Telangana, Inigation and Command Area Development Department, Rep. by its Secretary to Government, Telangana Secretariat, Hyderabad. 7. Engineer-in-Chief (Admn.), lrrigation and Command Area Development Department, Erramanzil, Hyderabad. ...RESPONDENTS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate interim orders dated OS]O7t2O24 in W.P.No. '16971 of 2024 in the interim of justice. IA NO: 4 OF 2024 Between:

1. State Of Telangana, lrrigation and Command Area Development Department, Rep. by its Secretary to Government, Telangana Secretariat, Hyderabad. 2. Engineer-in-Chief (Admn.), lrrigation and Command Area Development Department, Erramanzil, Hyderabad. ...PETITIONERS AND 1 Goli Ashok Kumar, S/o. late G.Shankaraiah, Aged 60 years, Occ Chief Engineer (FAC), R/o. H. No.2-10-1227, Jyothinagar, Karimnagar 505 001 2. G.Badrinarayana, S/o. late G.Thukkaiah, Aged 61 years, Occ Superintendi Engineer, Ri"/o. Villa No. 87, APR Pranav Anthilia, Bachupally - 500 0 Medchal-Malkajgiri District 90

3. Maloth Sudhakiran, S/o. late Maloth Lachiram, Ag Engineer, Fl/o. H. No. 2-4-12O4lBl1Ol91, KUDA Vidhyanagar, Hanamkonda 506 009 ed 54 years, Occ Executive Enclave, Near TV Tower,

4. Aileni Srinivas Reddy, S/o. Iate A.Buchiram Reddy, Aged 60 years, Occ Chief Engineer (l/c.), R/o. Villa No. 18, Vessella Meadows, lbrahimpatnam, Opp. Taramati Baradars, Narsingi Road, Hyderabad

5. T. Srinivas Rao Gupta, S/o. late T.Hari Kishan, Aged 57 years, Occ Superintending Engineer (FAC) R/o. H.No. B-6-349/D, Alkapuri Colony, Karimnagar

6. A. Satyanarayan Reddy S/o. Venkat Reddy, Aged about 59 years, Superintending Engineer, lrrigation Circle No.2, Nagarkurnool, Nagarkurnool District

7. T. Satyasheela Reddy S/o. T. Ram Reddy, Aged about 60 years, Superintending Engineer, lrrigation Circle, Pebbair, Wanaparthy District. 8. Mohd. Raheemuddin S/o. Md. Abdul Ghouse, Aged about 55 years, Executive Engineer, lnigation Division No. 2, Gadwal, Jogulamba Gadwal District. ...RESPONDENTS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dl. 05-07-2024 in lA.No.1 of 2024 in W.P.No.16971 of 2024 and dismiss the Writ Petition, as it ig devoid of merits. lA NO: 5 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dt.05-07-2024 in lA No.1 of 2024 in W.P.No.16971 of 2024 and dismiss the Writ petition, as it is devoid of merits. Counsel for the Petitioner: SRI G.VIDYASAGAR, Sr. COUNSEL, REP. FOR SRI G.SAI PRASEN Counsel forthe Respondent No.1 & 2: GP FOR SERVIGES-I Counsel for the Respondent No.3 to 5: SRI C.SAI REDDY The Court made the following: ORDER THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.16971 of 2O24 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following reliel "...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ (i) to declare the Government Memo No.l1656 /Ser.Il.2 /2020, dated 28.05.2022 issued by the 1"t respondent, as illeeal, ai'bitrary arrd unjust and consequently set aside the same; (ii) to declare the Government Memo No- I I 65 6 / Ser.Il I A I / 2O2d, dated 2 1.06.2024, issued by the l"t respondent, as illegal, arbitrary arrd unjust and consequently set aside the sarne; and (iii) consequently set aside the same with further directions to the respondents to await for tlle drawing up of the integrated seniority list of Deputy Executive Engineers for all Zones i.e., Zones-I to VI by the State of Andhra Pradesh for the purpose of consideration of promotions to the category of Deputy Executive Engineers, which is a State cadre post and for further cadres..." 2) Heard Sri G.Vidyasagar, learned Senior Counsel representing Sri G.Sai Prasen, Iearned counsel for the petitioners, learned Government Pleader for Services-I, appearing for respondent Nos. 1 and 2 and Sri C.Sai Reddy, learned counsel appearing for respondent Nos.3 to 5. 3) The case of the petitioners is that they joined as Assistant Executive Engineers in Irrigation Department on different dates \ I 2 PK,J wp 16971_2024 and thereafter, they were promoted to next higher posts, and the details of which are as under: Petitioner No. I 2 3 4 5 Initial Appointment as Assistant Executive r B

07.08.1987

04. 11.1987 15.09.1993 07.tt.t9a7 18.o4.1992 Promotion to the post of DEE Promotion to the post of EE Promotion to the post of SE Promotion as CE 2002 2002 2005 2002 2004 201, I 2011 2011 o1.10.2015 201 5 2020 2rJ21 May, 2024

09.o2.2020 31.o5.2024

29.9.2022

3.1) It is the further case of the petitioners that there is inter se seniority disputes in the cadre of Deputy Executive Engineers (DEEs) in the combined department are pending at various Courts, due to r,r,hich, the promotions from the cadre of DEE to the cadre of Chief Engineer (CE) in Irrigation Department from the panel year 2OO1-2OO2 could not be taken up and Departmental Promotional Committee meetings were not convened. Accordingl_v, the lrrigation Department has ordered incharge arrangements for large number of vacancies in all the cadres from DEE to CE in relaxation of Rule 10 (h) of the Telangana State and Subordinate Service Rules, 1996, and they were continuing in their own pay and allowances in the cadre of DEE. While so, respondent No.l has issued impugned Memo ) PK,J w 16971 2024 No.11656/Ser.l1.2/2O2O, dated 28.05.2022, and Memo No.11656/Ser.II/All2O2O, dated 21.06.2024, proposing to revise seniority list of DEEs. The same is under challenge in the present Writ Petition 4l l,earned senior counsel appearing for the petitioners has submitted that the controversy relating to seniority has been resolved by the Division Bench of combined High Court of Andhra Pradesh in W.P.No.37131 of 2Ol7 and batch, dated

22.11.2019, wherein the Division Bench has directed the State of Andhra Pradesh, represented by its Secretary, Water Resources (Service-I) Department and its Engineer-in-Chief (AW), Vijayawada, to redraw the zonal seniority list in all zones in the cadres of AEEs, DEEs and the State-wide integrated seniority list of DEEs as on 01.06.2014 duly complying with the judgments of the Honble Supreme Court in D.Vishnu Murthy v. Government of A.P.l and R.Venkata Ramudu v. State of A.P.z and then effect promotions to Zone-wise and thereafter to State-wide posts of EEs, SEs, CEs and Engineer-in-Chiefs. While so, the Engineers A-ssociation, Telangana, and the retired 1 (2016 (13) SCC r 1 l 2 (2Ot6 16l ALD 447 (DB) \ 4 PK,J wp_16971_2024 Engineers have made representation(s) to the State of Telangana stating that the senioriqr list in Zone-V and VI were not finalized and thereby they are not getting monetary benefits. Hence, they requested to consider alteast for Adhoc promotions on par with their colleague Engineers of Andhra pradesh, who were promoted in their respective zones and whose seryices were regularized and were also extended the monetar5r benefits. On considering the same, the State Government has constituted a Committee uide Merno, dated 26.07 .2021 , and also nominated a Special Committee uide Memo, dated 28,07.2O2I, for examining the issue rega-rding Adhoc promotions in respective Departments. The Committee came to the conclusion that the Government of Andhra Pradesh has to finalize the seniority and panels and since the Government of Andhra Pradesh has not undertaken the sajd exercise, it recommended to take up Adhoc promotions for extending the moneta4r benelits to Engineers of Zones -V arrd VI on par with the Andhra Pradesh Engineers subject to fina-lization by the Government of Andhra Pradesh by preparing the integrated seniority list of DEEs from the panels prepared and published by the Government of Andhra Pradesh duly assigning the notional dates in the cadre of DEEs uide 5 PK,J wp_1697I_2O24 proceedings No.Rc/ ENC/ Ct I C2 I 992 9699 I 2O2O I Z-t to VI, dated tl.06.2020.

4.1) Learned Senior Counsel has further submitted that in terms of the recommendations of ttre Committee, Adhoc promotions and panels were prepared by respondent No.2 and submitted to respondent No.l. While so, the Speciat Chief Secretary to Government, Irrigation & CAD (Ser.II) Department, has issued the impugned Memo No. 11656/Ser.Il.2/2020, d,ated

28.05.2022, stating that the integrated seniorit5r list of DEEs furnished for according Adhoc promotions referred to the list consisting of individuars from different units of appointments and thereby seniors have become juniors and juniors have become seniors. Further the criteria of date of first appointment in the category of DEEs was also not followed and that Rule 34 of Telangana State and Subordinate Service Rules, 1996, has not been followed and therefore, it is ordered to revise the integrated/common seniority list of DEEs as per Rule 34 of General Rules and in the interest of principles of natural justice. Accordingly respondent No.2 was requested to tatce necessarJi action and furnish the revised tl.e seniorigr list of DEEs to 6 PK,J wp_1697 1 _2024 respondent No.l for taking necessa-ry further action on the proposed Adhoc promotions.

4.21 Learned senior counsel has further submitted that aggrieved blr the Memo No.11656/Ser.Il.2/2O2O, dated 2a.O5.2022, the Telangana Irrigation Graduate Engineers Association made a representation, dated 04.06.2022, with a request to cancel the Memo, dated 28.05.2022, and brought to the notice that the fina1 seniority list of Engineers has to be drawn by the Government of Andhra pradesh. Hence, any orders contrary to the same by the State of Telangana would be in violation of the orders, dated 22.11.2019 passed by the Division Bench in W.P.No.37131 of 2OI7 &L batch and that the issue of senior and junior of their zone getting promotions ahead of another is already settled by Honble Supreme Court in Government of Andhra pradesh and others v. A.Suryanarayana and others3, wherein the Hon,ble Supreme Court has upheld the contention of State of Andhra pradesh that there is separate Unit for recruitment, appointment, promotions and transfers and given directions to ensure that no Junior 3 ArR 1991 SC 2l 13 I 7 PK,J wP_t6971_2O24 Engineer promoted earlier than their seniors in the State-wide seniority list to the post of Executive Engineers, should be quashed. Hence, the criteria specilied in para No.3 of Memo, dated 28.05.2022, rs in violation of the orders of the Hon'ble Supreme court. Therefore, in terms of the directions of the combined High Court, the Government of Andhra Pradesh is required to draw up inter se seniority for all zones i.e., Zones 1 to 6 in the category of DEEs prior to 02.06.2014 since the post of DEtr is a zonal cadre post as on 01 .06.2014 for the purpose of drawing up the merit list for promotion to the post of Etrs, which is a State cadre post. Therefore, the impugned Memo, dated

28.05.2022, would adversely affect the interest of DEEs, who are eligible for promotion to the post of EEs, which is a State cadre post. The criteria specified in the Memo that where the dates of first appointment are same, the seniority has to be drawn up in feeder category of DEE without relerence to first appointment to the category of DEE, is arbitrary and contrary to Rules.

4.3) Further, vide impugned memo, the seniorit5r has to be drawn up from among Zone-Y and VI only whereas the common seniority list has to be prepared for all zones upto 02.06.2014. 8 PK,J $tp-l697 | _2024 However, no such procedure is being followed. Further, subsequent to representation, dated 02.07.2022, made by Telangana Irrigation Graduate Engineers Association, a meeting of the Committee on adhoc promotion was convened on 13.09.2022 wherein it is observed that the Adhoc promotion proposals submitted to Governme nt on 22.O1.2O22 are based on the recommendations of the Committee with the methodologr adopted by combined State of Andhra pradesh subject to finalization of the regular promotions by the Government of Andhra Pradesh as per Court orders. Hence, the Committee also recommended respondent No.2 to address a letter with a request to approve Adhoc promotion proposals submitted to the Government on 22.01.2022. Further, it is understood that respondent No.2 addressed a letter, dated 14.09.2022, re_ submitting the proposals based on DEEs panels already prepared and published by Government of Andhra pradesh for according promotions with notional dates.

4.4) Consequently, the Government of Telangana issued G.O.Rt.Nos.323,324,32S arrd 316, I & CAD (Ser.II) Department, dated 29.O9.2022, according notional promotions to the I I 9 PK,J wp 16971 2024 Engineers in the categories, as the case may be, of EEs, SEs, CEs and Engineer-in-Chief purely on adhoc basis and subject to outcome of Court cases. Further, the State Government vide G.O.Rt.No.327, Irrigation &CAD (Ser.ll) Department, dated

29.O9.2022, is continuing in-charge a-rrangements consequent on notional promotions on adhoc basis in the categories of EEs, SEs, CEs and Engineer-in-Chief in relaxation of Rule 1O (h) of the Telangana State and Subordinate Service Rules, 1996, and subject to conditions specified therein. In view of the same, further action in pursuance of the impugned Memo No.11656/Ser/ll2/2O2O, dated 28.O5.2022, was not undertaken and as on date also the State of Andhra Pradesh has not communicated the inter se seniority list of erstwhile zones i.e., Zones I to VI of the cadre of DEEs prior to 02.06.2014. Petitioners are eligible to be promoted to the post of DEEs arrd further promotion to the post of CEs as per the Rules. Therefore, impugned Memo No.11656/Ser.II.2 l2O2O, dated 28.O5.2022, and Memo No. 1 1656/Ser.ll / Al l 2O2O, dated 21.06.2024, issued by respondent No.1 directing respondent No.2 to prepare the integrated seniority list in the cadre of AEEs/AEs and DEEs in accordance with Memo, dated 28.05.2022, for taking up 10 PK,J wp 1697 t_2024 promotion to the categories of DEEs and above is contraqr to law. Therefore, the learned senior coulsel for the petitioners prayed this Court to pass appropriate orders by setting aside the impugned Memo No. I 1656/Ser.ll.2 /2O2O, dated, 28.O5.2022, and Memo No. 1 1 656 / Ser.l / At I 2O2O, dated 21.06.2024, issued by respondent No.1. 5) For better ald effective adjudication of the matter, the extensive and elaborate submissions advanced bv learnecl Additionai Advocate General as well as Sri C.Sai Reddy, learned counsel appearing for unofficial respondents, are narrated together. 6) According to the respondents, as per the judgment dated 22.11.2019 passed in W.P. No.37131 of 2OlZ & batch, the Government of Andhra Pradesh has to re-draw the ZonaJ Seniority List in all Zones in the cadre of AEEs, DEEs and the State-wide integrated seniority list of Deputy Executive Engineers (DyEEs) upto 01.06.2014 and finaJize the same and effect zone-wise promotions to the cadre of DyEEs and thereafter State-wide posts of EEs, SEs and ENC by the Government of Andhra Pradesh. Accordingly, the Government of Andhra -:'---- ,{ PK,J wp 16971_2024 Pradesh has prepared and finalized zone-wise seniority list of AEEs of a-11 Zooes i.e. Zone I to VI vide proceedings No.Rc/ENC/ A219978699 /2019, dated 2l.Ol.2O2O. Based on the said seniority list, promotions to the cadre of DyEEs of all zones were effected vide proceedings Rc.ENC(Admnl/Cl /C2l 9978699/ 2O2O|Z-1 to 6, dated L0.06.2020 and 11.06.2020, but, integrated seniority list of DyEEs has not been finalized so far. As such, regular promotions to the next higher cadres i.e. BEs, SEs, CEs and ENCs as on 01.06.2014 could not be effected till date by the Government of Andhra Pradesh, thereby, administration is suffered for want of Engineers in the above said cadres and several Engineers were retired from service on attaining the age of superannuation rvithout getting their due promotions.

6.1) In such a situation, the retired and working Engineers in the State of Telangana, made requests and representations seeking adhoc promotions, subject to reviewing the same on finalization of seniority list in the cadres of DyEEs and above, from the Government of Andhra Pradesh. Pursuant to such representations, the Government of Telangana has constituted a I t2 PK,J wp_169712024 Committee vide Memo No.47 1llSer.Il/Al/2027, dated

26.7.2021, to examine the entire issue of adhoc promotions to the Engineers in Irrigation & CAD Department and submit its report. The Committee has examined the issue in detail and Iinally recommended to submit the proposals with the panels integrating the DyEEs list published by Government of Andhra Prade sh for consideration of adhoc promotions (with notional dates) from the cadre of EE to ENC in respect or Zone V and VI, to give monetary benefits on adhoc basis on par with Engineers of the State of Andhra Pradesh and directed the ENC (Admn) to take action accordingly. Further, as per the recommendations of the Committee, the second respondent has issued the adhoc promotion palel and submitted the same to respondent No.l vide Lr. Rc.ENC (Admn)/ADAI AEE2/Adhoc Committee /2O2t, dated 27.01..2022 and while submitting the panels for adhoc promotions, respondent No.2 has picked up one individual each from different units of appointment and integrated the same, when the dates of appointment/promotion of the DyEEs is the same, due to which seniors became juniors and juniors became senl0rs. 13 PK,J w_1697 t-2O24

6.2) Therefore, the Hyderabad Engineers Association submitted a representation to Government requesting to direct respondent No.2 to adhere to Rules 33, 34 and 36 of Telangana State and Subordinate Service Rules, 1996, in preparation of integrated seniority list of DyEEs and effect promotions to the cadres of EEs and above, as stated by Government of Andhra Pradesh in its Memo No.MJIR/3O7 /2O2O-SER-I|A2 (1167154), dated

25.07.2O2O. Based on the said representation and report of respondent No.2, respondent No.1 has issued impugned Memo No. 11656/SER.II.2/2020, dated 28.05.2022, to rerrise the integrated/common seniority list of DyEEs as per the criteria mentioned therein, in order to avoid disadvantages to seniors in getting further promotions in the interest of principles of natural justice and keeping in view the spirit of Rule 34 of Telangana State and Subordinate Service Rules, 1996,. It is further contended that at that stage, respondent No.2 has placed the impugned Memo dated 28.05.2022 before the Committee constituted for adhoc promotions. The Committee in its meeting held on 13.09.2022 has observed that the proposals submitted by respondent No.2 for adhoc promotions to respondent No. 1 vide letter dated 27.01.2022 with methodologr adopted in 14 PK,J wp t6971-2024 combined State of Andhra pradesh and are in advance stage of approval, hence, recommended to adopt the same, treating it as only adhoc list, subject to fina_lization of regular promotions by the Government of Andhra Pradesh. The Committee has further opined that the impugned memo dated 29.05.2022 and the representations received may be examined for implementation at later earliest date possible, without hampering the process of finalization of adhoc promotions already taken up, as the same are received after processing the Iile and promotion proposed are adhoc only. Accordingly, based on the proposals sent by respondent No.2 vide letter dated 27.O1.2022, adhoc promotions were ordered vide G.O.Rt.Nos.323 to 326, dated 29.09.2022, to the cadres of EE to ENC. The petitioners herein were also promoted on adhoc basis to the cadre of SEs and EEs, which they are now holding.

6.3) It is further submitted that after adhoc promotions were effected, no vacancies were caused in the cadre of EE to ENC, in view of enhancement of age of superannuation from 5g to 61 years, upto 31.O3.2024. Further, from 01.04.2024 onwards, the vacancies in all the cadres have arisen. As such, these \ 1,i wp 16971 2024 vacancies ale required to be filled up in view of administrative eigency, in terms of the orders in Government memo dated

28.O5.2022. Further, the Government has decided to implement said Memo dated 28.05.2022 with prospective effect and issued orders in Memo No.1 1656/Ser.II/ Al /2020, dated 21.06.2024, directing ENC (A) to prepa-re the integrated seniorit5r lists in the cadres of AEEs/AEs and DyEEs in accordance with the said Memo and submit the same to the Government. Further, in view of the implementation of Government Memo dated

28.05.2022 with prospective effect, the adhoc promotions accorded to writ petitioners and others vide G.O. Rt.Nos.323 to 326 dated 29.09.2022 will not be effected adversely in any manner and the adhoc promotions which are going to be taken up after implementation of Memo dated 28.05.2022 with prospective effect, as was done in case of writ petitioners, are also subject to revision after receipt of regular promotions upto

01.06.2014 from Government of Andhra Pradesh. As such, the proposed adhoc promotions vide Memo dated 28.05.2022, wh;ich are similar to that of adhoc promotions vide G.O.Rt.Nos.323 to 326, dated 2g.Og.2O22, would not be in violation of orders of this Court in W.P.No.37131 of 2018 & batch vide order dated l6 PK,J wp-169712024

22.11.2019 and orders of Hon'ble Supreme Court. It is further submitted that the principle ,no junior should be promoted to the next higher cadre without promoting the senior across all the zones'was struck down by this Court in W.p.No.37131 of 2017 & batch vide order dated 22.Il.21lg and the Hon'ble Apex Court in A. Suryanarago;rto's case (referred. supra/, is incorrect since it relates to regular promotion to the zonal cadres of AEEs to DyEEs whereas the criteria mentioned at para 3 of the impugned Memo dated 28.05.2022 is to prepare the integrated seniority list of DyEEs for adhoc promotions to the State cadre posts of EEs and above. Hence, there is no violation of the order dated 22.11.2019 passed this Court in W.P.No.3713l of 2017 & batch as well as A. Suryanta.raga.na's case (refened. s-upra) of the Honble Supreme Court.

6.4) Further, the criteria stipuiated in para 3 of Impugned Memo dated 28.05.2022 is in tune with Rule 34 of State and Subordinate Service Rules, 1996, whereas the principle/criteria adopted earlier while effecting adhoc promotions in G.O.Ms.Nos.323 to 326 dated 29.09.2022 (i.e. when the date of appointment of DEEs are the same, picking up one indirridual t7 PK,J wP 16971_2024 each from different units of appointment and integrated) is not supported by arry rule or law. Hence, the Government of Telangana is now adopting the criteria at para 3 of the impugned memo dated 2a.O5.2O22 for adhoc promotions only in order to be in accordance with the rules, as stated above. Therefore, there are no merits in the writ petition and prayed to dismiss the sarne. 7l This Court has taken note of the submissions made by respective parties and perused the material on record. B) A perusal of the record discloses that as per the orders of the Division Bench of erstwhile High Court of Andhra Pradesh in its order dated 22.11.2019 passed in W.P.No.37i31 of 2Ol7 & batch, the Government of Andhra Pradesh has to re-draw the zonal seniority list in all zones in the cadres of AEEs and Dy.EEs and State wide integrated seniority list of Dy.EEs as on Ol .06.2024 and then effect promotions zone-wise to the vacancies in the cadre of Dy.EEs and thereafter to the State- wide posts of EEs, SEs, CEs arld Engineer-In-Chiefs. t8 PK,J wp 16971_2024 9) Here, it is pertinent to note that, admittedly, the State of Andhra Pradesh has not yet finalized the seniorit5r list in the above cadres as directed by this Court in W.p.No.3713 I of 2OlZ & batch, dated 22.11.2019. Further, the Engineering Service Associations of Telangana and other retired Engineers made representations stating that the state ofAndhra pradesh has not Iinal2ed the seniority list of Zone V and VI and therefore in the State of Andhra pradesh the promotions extended to the Engineers (Zone I to IV) were regularized and they are getting monetary benefits. Hence, they requested for extending adhoc promotions on par with trngineers of state of Andhra pradesh pending finalization of seniority by Government of Andhra Pradesh. Considering the above representations and due to administrative exigencies in the State of Telangana, the Government of Telangana has constituted a Committee vide memo No.471llSer-II/Al /2O2t, d.ated, 26.O2.2021, to examine the whole issue of adhoc promotions to the Engineers in the respondent Department. 10) The Committee in its meetings dated 30.07 .2021 and, 14.72.2021 after discussing all the issues in detail has opined ..^.2}.---- 19 PK,J wP 169712024 that number of Court cases pertaining to seniorit5r issues are still pending and ultimately the Government of Andhra Pradesh has to finalize the seniority list. Hence, tl.e Committee has recommended to take up adhoc promotions (with notional dates) from EEs to ENCs, as alr interim measure to give monetary benefits to the Engineers of Zone V and VI on par with Engineers of State of Andhra Pradesh, subject to finalization of the seniorit5r list by the Government oi Andhra Pradesh. Accordingly, adhoc promotion proposals (with notional dates) were prepared and submitted to respondent No.1 vide letter dated 27.O1.2022. 11) Further, the Hyderabad Engineers Association has submitted a representation stating that integrated seniority list of DyEEs is not in accordance with the Telangana State and Subordinate Service Ruies, 1996, due to which, seniors became juniors and juniors became seniors i.e. certain individuals of 1993 direct recruit AEE batch were placed over 1992 direct recruit AEE batch. Likewise 1995 batch recruits were placed over 1993 batch recruits; 2005 batch recruits were placed over 2004 batch recruits al:d 2OO7 batch recruits were placed over 20 PK,J wp 16971 2024 2005 batch recruits and therefore requested to direct the concerned to adhere to Rules 33, 34 and 36 of Telangana State ald Service Subordinate Service Rules, 1996, for preparing the integrated seniority list of DyEEs of all zones without considering the adhoc promotion to the cadre of Executive Engineers and above. l2l In those circumstances, respondent No. I in order to avoid disadvantage to the seniors in getting further promotion, in the interest of justice and keeping in mind Rule 34 of Telangana State and Subordinate Service Rules, 1996, has issued the present memo No. 11656/Ser.II .212O2O, dated 28.05.2022 to revise the integrated/common seniority list of DyEEs as per the following criteria: i) with reference to the date of first appointment in the category of DyEE; ii) where the dates of first appointment in the category of DyEEs are sarne in different units of appointment, with reference to seniority in the feeder category to tlle category of DyEE provided the inter se seniority of the persons belonging to the same unit of appointment shall not be disturbed. j PK,J wp_169712024 13) At this stage, Telangana Irrigation Graduate Engineers' Association in its letter dated 02.07.2022 has stated that respondent No.2 has violated the well established practice of integration and therefore requested to re-consider for keeping abeyarrce/cancellation of impugned memo dated 28.05.2022 to avoid legal issues and for the benefit of retired and working Engineers of Zone V and VI. The Committee aJter examining impugned memo dated 28.O5.2022 and the both i.e. representation dated O2.O7 .2022 has observed that the proposals for adhoc promotions submitted to the Government on

27.01.2022 are based on the methodolory adopted in the combined State of Andhra Pradesh and it was in advance stage of approval and thereby recommended to adopt the same integration methodologr treating it as only adhoc promotion, subject to l-rnalization of regular promotions by Government of Andhra Pradesh as per the orders of this Court in W.P.37131 of 2Ol7 & batch and further opined that the impugned memo dated 28.O5.2022 and the representations received for implementation of the same would be examined at the later earliest possible date without hampering the process of adhoc promotions already taken up, as the sarne are received after j,...*;'- PK,J wp 16971_2024 processing the file and promotions proposed are only adhoc basis subject to Iinalization of seniority list by the State of Andhra Pradesh. Thus, the Committee has directed respondent No.2 to address the Government to approve the adhoc promotion proposals already submitted on27.Ol.2O22 in respect of Zonev and VI (retired and working). 14) Accordingly, respondent No.1 has issued orders vide G.O.Rt.Nos.323, 324, 325 and 326, I&CAD (Ser.II), dated

29.09 .2022 according notional promotions in the categories of EEs, SEs, CEs and ENCs respectively purely on adhoc basis by taking into consideration the adhoc seniority list of DyEEs prepared by respondent No.2 subject to outcome of the finalization of seniority list and promotions up to 01.06.2014 by Government of Andhra Pradesh as per the orders of this Court in W.P. No.37131 of 2Ol7 & batch. 15) The lis in the present writ petition is that respondent No.1 has issued the impugned memo dated 28.05.2022 stating ttrat as observed from the integrated seniority list of Dy.EEs furnished for according adhoc promotions, where the dates of appointments to the cadre of Dy.EE are same, he has picked up 23 PK,J wp_1697 I -2O24 one individua,l each from different Units of appointment and integrated, which is not supported by any provision of law, due to which, the seniors became juniors and juniors became senlors. In other words, certain individuais of 1993 batch of direct recruits were placed above 1992 batch direct recruits; 1995 batch recruits over 1994 batch recruits; 2005 batch recruits over 2OO4 batch recruits; 2OO7 batch recruits over 2005 batch recruits and the same deprived the seniors of their further promotions and thereby the first respondent has decided and ordered to revise the integrated/common seniority list of Dy.EEs, as per the criteria referred in the preceding paras. 16) Here, it is pertinent to note that admittedly, petitioner Nos. 1,2,4 were also promoted from SE to CEs on the basis of the integrated seniorit5r list along with other eligible caldidates while petitioner Nos.3 and 5 were promoted from Executive Engineer to SE vide G.O.Rt.Nos.323, 324,325 and 326, I&CAD (Ser.II), dated 29.09.2022, and. now it is proposed to revise the adhoc seniority list prepared by respondent No.2 in accordance with Rules 33 and 34 of Telangana State and Subordinate Service Rules, 1996, and with prospective effect only, for the 21 PK,J wp_1697 t 2024 purpose of effecting future promotions to the categories of DyEEs and above without revising/reviewing the adhoc notional promotions accorded in the year 2022. Further, it is the specific assertions of the learned Government Pleader that the petitioners will not be reverted to the lower post from their present promotion post. l7l In view of the above, this Court is of the opinion that ali the petitioners have got the benefit of promotion on adhoc basis to the higher cadre in the year 2022 along with other eligible candidates, based on the integrated seniority list, subject to fina,lization of the seniority iist by the Government of Andhra Pradesh upto 02.06.20 14 and they failed to explain as to how they are aggrieved by the impugned Memo No.1l6S6/Ser.Il.2/ 2O2O, dated 2a.O5.2O22, and Memo No. 1 1 656 / Se r.il / At I 2O2O, dated 21.06.2024, issued by respondent No.1, by which the respondents proposed to revise the seniority list in accordance with Rules 33 and 34 of The Telangana State and Subordinate Service Rules, 1996, that too when the official respondents have specifically asserted that the revision sought for is only for the I\ 25 PK,J wp_1697 r 2024 purpose of effecting future promotions and the petitioners will not be reverted to lower cadres. 18) For the afore-mentioned reasons, this Court does not see any error or irregularity in the impugned Memo No.11656/Ser.Il.2/2O2O, dated 28.O5.2O22, and Memo No.11656/Ser.ll/AIl2O2O, dated 27.06.2024, issued by respondent No.1 and the Writ Petition is liabte to be dismissed. 19) Accordingly, the writ petition is dismissed. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No order as to costs. //TRUE COPY// SD/. L. LAKSHMI BABU ASsr\ujgrer-BAR $Ec1ror.r oFFlcER \ \ To,

1. One CC to SRI SAI PRASEN GUNDAVARAM, Advocate IOPUC] 2. One CC to SRI C.SAI REDDY, Advocate [OPUC] 3. Two CCs to GP FoR SERVICES-|, High Court for the State of Telangana at Hyderabad [OUTI

4. Two CD Copies BSR HIGH COURT DATED: 1010112025 CC TODAY ORDER WP.No.16971 of 2024 lHE s14 16 q ,) o 2l latt 2i125 l f,r )' DISMISSING THE WRIT PETITION, WITHOUT COSTS