[ 3301 ] v. Managing Director

4. Mr.K.Koteswara Rao, Emp 1.D.No.1072675, Kothagudem Thermal Power Station, Paloncha, Bhadradri Kothagudem District5071 1 5.

5. Mr.A.Naga Srinivasa Rao, Emp 1.D.No.1072739, Kothagudem Thermal Power Station-V and Vl, Paloncha, Bhadradri Kothagudem District50T'115.

6. Mr.A.Ram Kishore, Emp |.D.No.1075122, Kothagudem Thermal Power Station-Vll, Paloncha, Bhadradri Kothagudem District-s071 1 5.

7. Mr.B.Seetha Ramulu, Emp 1.D.No.1072859, Kothagudem Thermal Power Station-V and VI, Paloncha, Bhadradri Kothagudem District-5071 15. l 2 B. Mr.D.Rama Rao, Emp 1.D.No.1072579, Kothagudem Thermal PowerStation- 9. Mr.K.Beeshma Reddy, Emp |.D.No.1072175, Kolhagudem Thermal Power V and Vl, Paloncha, Bhadradri Kothagudem District-sO7'1 15 Station-V and Vl, Paloncha, Bhadradri Kothagudem District-SO7115

10.Mr.Shaik Mujahid Hussain, Emp l.D.No.'t072438, Kolhagudem Thermal Power Station-V and Vl, Paloncha, Bhadradri Kothagudem District-SO71 15 ll.Mr.B.Damodhara Chary, Emp I.D.No.1075124, Bhadradri Thermal Power 9!q!r.oL Manuguru, Ramanujavaram, B.Kothagudem District, Telangana- 507117. 12.Mr. Hari Kishan, Emp 1.D.No.1075430, Pochampad Hydro Power Station, Pochampad, Nizamabad District-503219.

13.Mr.D.Rama Krishna, Emp 1.D.No.1075119, Bhadradri Thermal Power Station, ft{a1uguru, Ramanujavaram, B.Kothagudem District, Telangana-SO71 17. 1 4. Mr. L.Subhad ramma, Emp l.D. No. I 07 2479, Pochampad Hyt ro Power Station, Pochampad, Nizdmabad District-50321 9.

15.Mr.S.Sreenu, Emp 1D.No.1072812, Nagarjuna Sagar Hydro Electric Station, Vijayapuri North. Nalgonda, Telangana 508202

16.Mr. A.S.Saiju, Anthikkattil, Emp 1.D.No.l073030 Nagarjuna Sagar Hydro 17.Mr.V.Simon, Emp 1.D.No.1075206, Kothagudem Thermal power Station-V Elect1c Station, Vijayapuri North, Nalgonda Telangana 5Oti2O2 and Vl, Paloncha, Bhadradri Kothagudem District-5O7115 lB.Mr.G.Duresh Kumar, Emp |.D.No.1075205 Kothagudem Thermal Power Station-V and Vl, Paloncha, Bhadradri Kothagudem District-S07115. l9.Mr.Dharavath Balu, Emp l.D.No.1O7S2O3: Kothagudem Thermal power Station-V and Vl, Paloncha, Bhadradri Kothagudem District-SO71 15 20..Mr. Akula S.R.K.L.Prasad, Emp l.D.No.iO7S21O, Kothagudem Thermal Power Station-V and Vl, Paloncha, Bhadradri Kothagudem Diatrict-s07l .ls ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the impugned action of 2nd respondent in issuing impugned proceeding TG.O.O.No. 1 04/CGM(Adm)/Z024 dt.Ogt 1 Ot2O24 and set aside the same so far as it relates to according promotions in favour of unofficial respondents for promotions to the posts of Assistant Divisional Engineer in favour of unofficial respondents, though petitioners are seniors to the unofficial respondents and got right to be considered for promotion as highly illegal, arbitrary, violative of Article 14 and '1'6 of the Constitution of lndia, consequently set aside the same by directing the respondents to consider the petitioners for promotion to the post of Assistant Divisional Engineer as per the setfled seniority vide revised provisional tist issued in Memo No.cGM(ADMyJS-11/DS(A-|lyAS- 111lAS(HRy 0312021 , dt.17112t2021, in the interest of Justice I J IA NO | 1 0F 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 proceedings in grant interim suspension of all proceedings T.G.O.O.No.1OalCGM(Adm)/2024, dt'Ogl10l2O24' including relating thereto, pending disposal of the above writ petition tA NO: 20F 2024 the impugned 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 directtheRespondentsforthwithconsiderpetitionersforpromotiontothepostof Assistant Divisional Engineer in the existing vacancies meant for the category of AdditionalAssistantEngineersonbasisofSenioritylistdtlT.l2.202l,pending disposal of the above writ petition IA NO: 3 0F 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 permit the petitioners herein to file the appended material as Additional material papers for better adjudication, in the interest of Justice lA NO: 4 OF 2024 Between:

1. The Telangana Power Generation Corporation. Lt9' F"q OV. its Chairman and ' il;;;"I"q birector, vidv-ul souoi, rnaiiatnabad' Hvderabad' "C;-#;i M;#'s;"(,ia ;i; i;;;i6i,' 19t3 10" u Powe r G eneratio n z i'ril'tn i& ' il;d;;;'iri;ii;, nilfii Soio j, rnarratnabad' Hvderabad ....PETITONERS/RESPONDENT Nos' 2&3 AND Awappa Nasar colonv K6ihaoudem District.

1. K.Veerraiu, S/o. K.Surya Narayana, Aged^51 years R/o H No 22-1-AY00'17' '6;1i;niA;;i;-Ceniet' New Paloncha' Bhadradri -s/". K.Madhava Rao' Aged.4e vears' Rr/o H No 6-2-76' , ii:J.ii;;h;;'fr;;: ' ii;[;;;: Bnroiioii kothasudem District-So7115 3 Y.Udava Bhaskar' slo.''fBit""iui'i.ri.a@-1a vgars' Rro H No F-57e' B- " c""r,li,i,-r<iij5, ilioncrr a, B had rad ri Kotha gudem Di strict' 4 K.Yadaqiri, sro. r.namLiti'A;;J ;7-v;;:dF/o H'No' 15-1-150/3' Market ' i;;;, 5:;i;iH;"d Bj;d;,#, i'r'E* pjr"'i"n'' 'ahadraari Kothasudem District' 4

5. B.Nagaiah, S/o.B.Muthaiah, Aged 51 years, Ryo. D.No.E-540, TSGENCO Housing Colony, Near AP Steel, Old Paloncha, Bhadradri Kothagudem District

6. R.Venkateswarlu, S/o. R.Yadaiah, Aged 50 years, Ryo. H.No. BE-03, A 7. M.Apparao, S/o. M.Ramu, Aged 46 years, Rl/o. H.No. F.575, New Paloncha, Colony, KTPS,Paloncha, Bhadradri Kothagudem District. Bhadradri Kothagudem District.

8. B.Rajam, S/o. B.Paramesham, Aged 54 years, Rl/o. H.No. F-136, B-Colony, 9. K.Srinivasa Rao, S/o. K.Atchaiah, Aged 59 years, Fl,/o. H.No. 1-93, KTPS, Paloncha, Bhadradri Kothagudem District. Suvaranpuram, Mudigonda Village, Khammam District. l0.A.Madhusudhan, S/o. A.Venkaiah, Aged 50 years, Rl/o. H.No. 16-3-90, Shanti Nagar, Warangal District.

11. State of Telangana, Rep by its Principal Secretary, Energy Department, Secretariat Buildings, Hyderabad. ...RESPONDENTS/PETITIONERS ...RESPONDENT/RESPONDENT No.1 l2.K.Koteswara Rao, Emp 1.D.No.1072675, Kothagudem Thermal Power Station, Paloncha, Bhadradri Kothagudem District-SO71 1 5.

13.A.Naga Srinivasa Rao, Emp |.D.No.1072739, Kothagudem Thermal Power Station-V and Vl, Paloncha, Bhadradri Kothagudem District-SO71 15.

14.A.Ram Kishore, Emp 1.D.No.1075122, Kothagudem Thermal Power Station- Vll, Paloncha, Bhadradri Kothagudem District-S07l 1 5.

15. B.Seetha Ramulu, Emp 1.D.No.1072859, Kothagudem Thermal Power Station-V and Vl, Paloncha, Bhadradri Kothagudem District-SO71 15.

16.D.Rama Rao, Emp 1.D.No.1072579, Kothagudem Thermal Power Station-V and Vl, Paloncha, Bhadradri Kothagudem DistrictsO7115

17.K.Beeshma Reddy, Emp 1.D.No.1072175, Kothagudem Thermal Power Station-Vand Vl, Paloncha, Bhadradri Kothagudem District-S071 15

18.Shaik Mujahid Hussain, Emp 1.D.No.1072438, Kothagudem Thermal Power Station-V and Vl, Paloncha, Bhadradri Kothagudem District-S071 15 l9.B.Damodhara Chary, Emp 1.D.No.1075124, Bhadradri Thermal Power Station, Manuguru, Ramanujavaram, B.Kothagudem District, Telangana- 507117.

20.M. Hari Kishan, Emp 1.D.No.1075430, Pochampad Hydro Power Station, Pochampad, Nizamabad District-503219.

21.D.Rama Krishna, Emp 1.D.No.1075119, Bhadradri Thermal Power Station Manuguru, Ramanujavaram, B.Kothagudem District, Telangana-5071 17. 22.L.Subhadramma, Emp |.D.No.1072479, Pochampad Hydro Power Station, Pochampad, Nizamabad District-503219. 24 25

23.S.Sreenu, Emp 1.D.No.1072812, Nagaiuna Sagar Hydro Electric Station, Vijayapuri North, Nalgonda, Telangana 508202 A.S.Saiju, Anthikkattil, Emp 1.D.No.1073030 Nagarjuna Sagar Hydro Electric Station, Vijayapuri North, Nalgonda Telangana 508202 V.Simon, Emp 1.D.No.1075206, Kothagudem Thermal Power Station-V and Vl, Paloncha, Bhadradri Kothagudem District-SO71 1 5

26.Mr.G.Duresh Kumar, Emp l.D.No.'t075205 Kothagudem Thermal Power Station-V and Vl, Paloncha, Bhadradri Kothagudem Dlstrict-S071 15. 27 . Dharavath Ba lu, Emp l. D. No.'t 075203, Kothagudem Thermal Power Station-V and Vl, Paloncha, Bhadradri Kothagudem District-So7115

28.Akula S.R.K.L.Prasad, Emp 1.D.No.1075210, Kothagudem Thermal power Station-V and Vl, Paloncha, Bhadradri Kothagudem Di-strict-S071 is ...RESPONDENTS 5 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 orders dt. 1B-10-2024 in WP NO. 28812 oI 2024 in the interest of justice lA NO:5 OF 2024 Between: '1 . Mr.A.Naga Srinivasa Rao, Emp 1.D.No.1072739, KotJtggydeq-Thermal Power 2. Mr.B.Seetha Ramulu, Emp LD.No.1072859, Kothagudem Thermal Power Station-V and Vl,.Paloncha, Bhadradri Kothagudem District-SO7 1 1 5. Station-V and Vl, Paloncha, Bhadradri Kothagudem District-s071 '15.

3. tVlr.K.Beeshma Reddy, Emp 1.D.No.1072175, Kothagudem,Thermal Power Station-V and Vl, Paloncha, Bhadradri Kothagudem District-507'l 15 AND ....PETITIONERS/RESPONDENT No. 5,7&9

1. K.Veermju, S/o. K.Surya Narayana, Aged-51 years, Fl/o.-H No.22-14Y0.017' Ayyappa'Nagar Colohy, Dhdmmapeta Cenler' New Paloncha, Bhadradri Kothagudem District. Paloncha, Bhadradri Kothagudem District-SO71 15

2. K.V.KrIshna Rao, S/o. K.Madhava Rao, Aged 49 years, Rl/o. H No'6-2-76' 3. Y.Udaya Bhaskar, S/o. Y.pitchaiah, Aged 48 years, Rlto. H No. F-579, B- Colony, KTPS, Paloncha, Bhadradri Kothagudem District. 4. K.Yadagiri, S/o. K.Ramulu, Aged 47 yeaislFyq. H.No. 15-1-'150/3' Market Area, Sistri Road Backside, New Paloncha, Bhadradri KotlEgu{enlpislflgt ^ 5. B.Nagaiah, S/o.B.Muthaiah, Aged 51 yeqr9, R1o. D.No'E-540, TSGENCO Housing iolony, Near AP Sfeel, Old Paloncha, Bhadradri Kothagudem District 6. R.Venkateswarlu, S/o. R.Yadaiah, Aged 50 years, Rl/o. H.No. BE-03' A Colony, KTPS,Paloncha, Bhadradri Kothagudem.District.

7. M.Apfarao, Slo. M.Ramu, Aged 46 years, Rl/o. H.No. F.575' New Paloncha, Bhadradri Kothagudem District. KTPS, Paloncha, Bhadradri Kothagudem District. B. B.Rajam, S/o. BlParamesham, Aged 54 years, Rl/o. H.No. F-136, B-Colony, 9. K.srinivasa Rao, S/o. K.Atchaiah, Aged 59 years' Rl/o. H.No. 1-93, l0.A.Madhdsudhan, S/olA.Venkaiah, Aged 50 years, Rl/o. H.No. 16-3-90, Shanti Suvaranpuram, Mudigonda Village, Khammam District. Nagar' warangal District ...RES'.NDENTS/'ET'r.NERS AND

11.The State of Telangana, Rep by its Principal Secretary, Energy Department, Secretariat Buildings, Hyderabad.

12.The Telangana Po-wer Generation Corporation Lt9' R"q by its Chairman and '13 The Ciie"f Generai Mahaqer, (Administration), Telangana Power Generation 14. Mr.K.Koteswara Rao, Emp 1.D.No.1072675, Kothagudem Thermal Power ts.Mr.A.Rim Kishoie, Emp 1.D.No.] 075122, Kothagudem Thermal Power Managing Director, Vidyut Souda, Khairathabad, Hyderabad. Corporation limited, Vidyu[Souda, Khairathabad,. Hyderabad. - Station, Paloncha, Bhadradri Kothagudem District-SO71 1 5. Station-Vll, Paloncha, Bhadradri Kothagudem District5071 1 5. 6 .t._Q -Sllt"_t 507117.

19.Mr.,Hari Kishan Emp Pochampad, Nizamabad District-503219. 16 Mr.DRa.ma Rao, Emp r.D.No.1072s79, Kothagudem Thermar power station- __ y,a!9 VI, Paloncha, Bhadradri Kothagudem Diatrict-s07l 15 17.Mr.Shaik Ir/ujahid Hg...............ss_ai1, Emp I.D.No.t072438, Kothagudem Thermal Power Station-V and Vt, paloncha, Bhadradri Kothagudem Oiitrict-SOZttS lB.Mr.B.Damodhara Chary, Emp 1.D.No.1075124, B:hadraOri tnermlt power Manuguru, Rimanujavaram, B.Kothagudem Diskict,- ielangl;a- trtg tQ]!!SO, pochampad Hydro power Station, 20. Mr.D'Rama{rishna, Emp r.D. No. i07s1 1 9, Bhadradri rhermar power station, ^. M"ltSqry, Ramanuja]aram, B.Kothagudem District, fetangina-SbZ1 11.- 21 . Mr.L.Subhadramma. Emp_r. D.No i 072479, pochampad HyYdro power siation, ZZ |tl!1_SSre91y,Frp tD.No 10728.12, Naggluna Sagar Hydro Etectric Station, __ y_Uayapurl North, Nalgonda, Telangana S0B2O2 23 y,rt-^1-S;9.lju, A.nthikkattit,. Emp-t.D.No.1073030 Nagarjuna Sagar Hydro 24.Mr.V.Simon, Emp' io.ruo.ro7sioo, "xoin;s;;;;i Thermat power Station-V - _ il'd_Vl Paloncha, Bhad rad ri Kothagudem D'istrict-507 1 1 5 25.Mr.G.Duresh..Kumar, Emp_r.D.N6.107s205 Koftragudem Thermar power -^ SJation-V and Vl, Patoncha, Bhadradri Kothaoudem District_s0i1 15. 26.M.r.Dharavatl Balu, Emp t.D.No.107S2B: Kothagudem- ihermat power Station-V and Vl, patoncha, Bhadradri Kothagudem d'istrictso71.15 ^_ 27. Mr. Akula S.R.K.L.prasad, Emp r.D.No.1 o7si1o, Kothagudem Thermar power Electnc Station, Viiavapuri North, Nalgonda Telangana SO'ZOZ Pochampad, Nizamabad District-50321 9. Station-V and Vl, Patoncha, Btiadradri Kothagudem Dis[rict_SO711S - - ...RESPONDENTS/RESPONDENTS Petition under Sectron 1s1 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 order dated 18-10-2024 in writ petition no. 28812 of 2024 by dismissing the writ petition Counsel for the Petitioner: SRl. G. V. SHIVAJI Counsel for the Respondent No.1: Gp FOR SERVICES !l Counsel for the Respondent Nos. 2&3: Ms. V. UMA DEVI, SC Counsel for the Respondent Nos.5,7&9: SRI p. VISHNU VARDHAN REDDY Counsel for the Respondent Nos.4, gto20:- The Court made the following: ORDER THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.28812 of 2024 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is hled seeking the fotlowing relief: "...to tssue a urit, order or directiort more particularlg one in the nature of wit of Mandamus, declaing the impugned action of 7d respondent in issuing impugned proceeding T.G.O-O.No. 10ai CGM(Adm)/ 2O24, dt:O9/ 10/ 2024 and set qside the same so far as il relates to according promotions in fauour of unofficiat respondents for promotions to the posts of Assistqnt Diuisional Engineer in fauour of unoffrcial respondents, though petitiorers are seniors to the unolficial responder s o.rd got ight to be considered for promotion as highly illegal, arbttrary, uiolatiue of Artic\e 14 and 16 of the Constitution of lndia, consequentlA set aside the some bg directtng the respondents to consider the petitioners for promotion to the post of Assrblanl Diuisional Engircer qs per the settled senioritg uide reuised prouisional lisr issued in Memo No.CGM(ADM)/ JSJI/ DS(AJI)/ AS-III/ AS(NR)/ 03/ 2O21, dt:17/ 12/ 2O21, in the interest ofiustice and pass...'

2. Heard Sri G.V. Shivaji, learned counsel appearing for the petitioners, learned Government Pleader for Servicesll for respondent No. I , Ms. V. Uma Devi, learned Standing Counsel, on behalf of respondent Nos.2 and 3, and Sri P. Vishnu Vardhan Reddy, learned counsel for respondent Nos.S, 7 and9.

3. Learned counsel for the petitioners submitted that petitioners Nos. 1, 2, 8, 9 and 1O were initially engaged by the respondent Corporation as contract labour way back during the period 1990 to 2 PK, J W.P.No.288 t2 of 2024 1996, and they worked in operations and maintenance, which require 24 /7 attendatce. While so, the erstwhile Andhra pradesh State Electricity Board created a scheme to absorb the employees in perennial nature of jobs, in pursuance of the notification issued under the contract Labou r Regulations a.d Abolition Act vide G.o.Ms.No.41 dated

23.09.1996, arrd also the schemes introduced vid., B.p.Ms.No.36 and B.P.Ms.No.37 dated 18.O5. 1997, and B.p.Ms.No.272 dated 3t.l2.tgg7. In pursuance of the said scheme, the aforesaid petitioners were appointed as Junior Plant Attendants. Further, in pursuance of the notilication issued in 1999, petitioner Nos.3 and 71vere appointed as Junior Plant Attendants as direct recruits, while petitioner Nos,4, 5 and 6 were appointed as Sub Engineers. Subsequently., after acquiring the qualification of Diploma in Engineering, the petitioners working as Junior Plant Attendants were appointed by transfer in the post of Sub Engineer, vide Memos d,ated 29.O8.2OO8 and OS.O9.2OOS respectively, issued by the appointing authority i.e., Chief Engineer (O&M), Kothagudem Thermal Power Station (KTpS) V-Stage, palavancha. Thereafter, they were appointed by transfer as ,idditional Assistant Engineers (Electrical/Mechanical/Electronics) vide proceedings dated

11.12.2OL5, and since then, they have been working in the same cadre. while so, respondent No.2 has issued a revised provisional seniority list 3 PK, J w.P.No.28812 of 2024 of Additional Assistant Engineers vide Memo dated 17.12.2021, artd upon considering the objections raised by severa-l candidates, the same was irnalized, showing the petitioners' names from S1.No.43 onwards.

4. It is further. submitted that the petitioners, in addition to the requisite educationa,l qualifications, possess the minimum required service of fifteen years for their eligibility for promotion to the post of Assistant Divisional Engineer. Further, all the petitioners have crossed 45 years of age, and they all stand exempted from passing any Departmental Examinations prescribed for promotion. Therefore, on any count, the petitioners cannot be denied promotion to the post of Assistant Divisiona-l Engineer. However, despite the same, respondent No.2 has issued the impugned proceedings dated O9. 1O.2024, effecting promotions of 170 candidates working in the cadre of Assistant Engineer and 33 candidates as Additional Assistant Engineers, igrroring the case of the petitioners. Further, among the candidates promoted from Additional Assistant Engineer to Assistant Divisional Engineer, the caldidates shown at Sl.Nos. l7 to 33 are far juniors to the petitioners as per the approved revised seniority list dated 17.12.202I. It is further submitted that while effecting promotions on al earlier date, the respondents have considered the cases of similarly situated persons, viz., R. Ramesh and P.D.Y. Srinivas, who have also not passed the 4 PK, J W.P.No.28812 of 2024 required Departmental Tests. Therefore, the action of the respondents in issuing the impugned proceedings dated 09. lO.2O24 is not only discriminatory, but also illegal, arbitrary and in clear violation of Article 14 and 16 of the Constitution of India. Therefore, it is prayed to pass necessary orders in the present writ petition.

5. Per contra, learned Stalding Counsel appearing for the respondents submitted that some of the petitioners were initialy appointed as Junior Plant Attendants, while others were appointed as Sub-Engineers, and they were all promoted to the cadre of Additiona_l Assistant Engineer, in accordance with the promotiori policy, vide Memo d,ated, 17.12.2015. Further, although the petitioners have rendered the required quali$ring service in the cadre of Additionai Assistant Engineer and Sub-Engineer, they have not qualihed the required Departmental Test i.e., Electricity Board Accounts Test for Assistant Engineer/Additional Assistant Engineer (Electrical, Mechanical, Telecommunication and Civil). As such, they are not eligible for promotion to the post of Assistant Divisional Engineer, as the passing of Accounts Test is one of the prerequisite conditions for a candidate to become eligible for promotion to the cadre of Assistant Divisional Engineer. Further, the unoflicia-l respondent Nos.4 to 2O, though they are juniors to the petitioners, they have been promoted to the cadre of 5 PK, J W.P.No.28812 of 2024 Assistant Divisional Engineer as they have satisfied the promotional criteria, including passing the Accounts Test.

6. It is further submitted that some of the petitioners advanced in their careers from the cadres of Junior Plant Attendant to Sub Engineer to Additional Assistant Engineer, while others were promoted from Sub Engineer to Additional Assistant Engineer, without qualifying arry of the Departmental Tests. Hence, they cannot seek exemption from passing the Departmental Test in terms of G.O.Ms.No.225 dated 18.05.1999, although they have crossed the age of 45 years. Further, consequent to the orders of exemption granted in B.P.Ms.No.39 dated 19.05.1997, clarification was issued vide Po.r(rll276le7-1 d,ated 29.O9.1997, Memo.No. DS(Reg.) /DM(Reg) / wherein, it was stated that the orders issued in B.P.Ms.No.39 are not applicable to such of the employees being considered for promotion to Class-II and above categories, and the post of Assistant Divisional Engineer is classified under Class-II category. Further, the orders contained in B.P.Ms.No.263 dated 11.O1.1999 are applicable to the employees falling under the Account Service and P&G Service of the respondent Corporation and the said orders are not applicable to the employees falling under the Engineering Service. I 6 PK, J w.P.No.2A812 of 2024 I

7. It is further submitted that some of the candidates u'ho have not passed the Departmental Tests, were granted exemption on crossing 45 years of age, while effecting promotions to the post of Assistant Divisional Engineer. This was done due to a mistake of the Department by wrongly interpreting the Rules, and such mistakes can always be corrected by following the due process of law. Therefore, the petitioners cannot claim exemption citing the promotions of some other candidates that were effected due to a mistake of the Department. As such, there are no merits in the present writ petition and it is prayed to dismiss the same.

8. This Court has taken note of the rival submissions made by learned counsel for the respective parties and perused the records.

9. Admittedly, there is no dispute regarding the fulfillment of requisite educational qualifications and the .minimum qualifying service of the petitioners necessar5r for their eligibility for promotion to the cadre of Assistant Divisional Engineer. The only issue is whether the petitioners, who have crossed 45 years of age, are entitled for promotion to the post of Assistant Divisional Engineer, without qualifying the required Departmental Tests. In this regard, it is pertinent to note that the Government has issued adhoc rules in G.O.Ms.No.225, General Administration Department, dated 18.05.1999, regarding passing of 7 PK, J W.P.No.288l2 of 2024 Departmental Test/special test/exernption from passing the tests prescribed in the Special Rules, in respect of the employees who have crossed 45 years ofage. The relevant portion is extracted hereunder: "Notwithstanding anlthing contained in the Andhra Pradesh Stat'e and Subordinate Service rules or in the Special Rules or in adhoc rules, tJle Govemment employees who have crossed 45 (forty five) years of age shall be exempted from passing the departmental tests prescribed in the special rules or the adhoc rules for tJle purpose of promotion to the next higher category i.e., promotion or appointment by transfer involving promotion to a post above the one held by him or her if they could not get even one promotion after their initia_l appointment. Provided that the oersons who alreadv sot a oromoLion once where no tests afe prescribed for the hisher oost, the exemDtion is not aoolicable to him or her if he or she is to be considered for further promotion to next higher category where tests are prescribed. (This adhoc rule is applicibtl from the panel year 1997 -98)." (Emphasis supplied)

10. It is also relevant to refer to the order issued by the respondent Corporation vide T.G.O.O.No.1O6lCGM(Adm)/2018 dated I 1.09.2018, wherein, the condition for passing of the Departmental Tests during the period of probation was withdrawn. The relevant portion of the said order is extracted hereunder: 3) After careful consideration the Telangana State power Generation Corporation Limited decided to dispense with the above condition and hereby ordered that the Assistant Engineers/Additionai Assistant Engineers (E1ectrica1, Mechanical, Telecommunication and civil) need not pass any tests for reguiarization of their services, releasing of annual 8 PK, J w. P. No.28812 of 2O24 grade increments or for declaration of probation. Howevcr. thev are required to Dass Electricitv Board Account Test for Assistant Ensineers / Additional Assistant EnJaineers (Elcctrical, Mechan Telecommuni cation and civill for promotion. (Emphasis supplied) 1 1. In the instant case, admittedly, the petitioners have failed to pass the prescribed Departmental Test i.e., Electricity Board Accounts Test for Assistant Engineer/Additional Assistant Engineer (Electrical, Mechanical, Telecommunication and Civil), which is mandatory for their promotion to the cadre of Assistant Divisional Engineer, and they are seeking exemption lrom passing the said test as per G.O.Ms.No.225 dated 18.05.1999. However, a close of the said G.O. reveals that the benefit of exemption from passing the Departmental Tests is applicable only to the employces who could not receive even a single promotion since their initial appointment and such an exemption is not available to those employees who secured a promotion earlier.

12. Therefore, this Court is of the view that the petit.ioners herein, having been already promoted from. Junior plant Attendant to Sub_ Engineer on 29.O8.2OO8 and from Sub Engineer to Additional Assistant Engineer on 11.12.2075, now c€rnnot claim the benefit of exemption from passing the Departmental Test as per G.O.Ms.No.225 dated 18.05.1999, and it is also thus clear that passing of the prescribed 9 PK, J W.P.No.288t2 of 2024 Departmenta-l Test is a mandatory requirement for promotion to the post of Assistant Divisional Engineer, as per T.G.O.O.No.106/CGM(Adm)/ 2018 dated 11.09.2018.

13. In that view of the matter, this Court finds no merit in the present writ petition and the same is liable to be dismissed.

14. Accordingly, the Writ Petition is dismissed. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. No costs. ,l To, //TRUE COPY// SD/-T. TIRUMALA DE ASSIS REGI SE N OFFICER

1. One CC to SRl. G. V. SHIVAJI, Advocate [OPUC] 2. Two CCs to GP FOR SERVICES ll, High Court for the State of Telangana, at Hyderabad [OUTI

3. One CC to Ms. V. UMA DEVI, SC [OPUC] 4. One CC to SRl. P. VISHNU VARDHAN REDDY, Advocate TOPUCI 5. Two CD Copies BM >BS HIGH COURT DATED:3110112025 j 8 o tR lHE Sr.q o o 13 FEB 2M ( tTCqF ORDER WP.No.28812 of 2024 DISMISSING THE WRIT PETITION WITHOUT COSTS