Telangana High Court

P. Srinivas, vs The Northern Power Dist. Co. Ltd. And 3 ... on 15 October, 2024

Author: Nagesh Bheemapaka

Bench: Nagesh Bheemapaka

       HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

             WRIT PETITION No. 2298 OF 2007
                          AND
             WRIT PETITION No. 28106 OF 2008

COMMON ORDER:

Writ Petition No. 2298 of 2007 is filed by petitioner

questioning the proceedings No. N.O.O. (CGM-HRD) Ms.No.28,

dated 10.05.2006 appointing the 4th respondent as Assistant

Engineer (Elecl.) by transfer under Regulation 14 (a) (1) of

APSEB Service regulation Part-II as adopted by A.P. Transco

and subsequently by A.P.N.P.D.C.L. ignoring his claim as

arbitrary, illegal and contrary to law and also in violation of

Regulations of the respondents and Articles 14 and 21 of the

Constitution of India.

2. Petitioner was originally appointed as Sub-Engineer

trainee on 24.12.1999 under the control of the 3rd respondent -

Superintending Engineer (Operation) and probation ought to

have been completed by 23.12.2000, but respondents, without

assigning any reasons, noted commencement of probation from

23.12.2000 to be completed on 10.01.2003. Thereafter,

petitioner is stated to have passed B.Tech (Elecl.) examination

held in December, 2005 and submitted pass certificate to the

Divisional Engineer, Khagaznagar, Adilabad District on

04.05.2006, who, in turn, forwarded the same to the 3rd

respondent and to the 2nd respondent.

While so, the grievance of petitioner is that the 4th

respondent, who joined as trainee Sub-Engineer on 05.01.2000

and who, in December, 2005 obtained pass certificate in B.Tech

(Electrical), is junior to him, however, was given promotion as

Assistant Engineer by impugned proceedings. Petitioner is

therefore, stated to have made representations dated

17.05.2006, 04.08.2006 and 28.11.2006 to the 1st respondent -

Northern Power Distribution Company Limited (NPDCL), but till

this day, no reply was received. His service particulars were

once again forwarded to the 2nd respondent, but no steps were

taken in promoting him to the post of Assistant Engineer based

on his qualifications in preference to the 4th respondent.

3. On 08.02.2007, this Court, while issuing rule nisi,

granted interim direction to the respondents to consider the

case of petitioner for promotion to the post of Assistant Engineer

by appointment by transfer provided he is eligible for any

promotion as per law, within two months from the date of

receipt of copy of the said order and communicate the same to

petitioner.

4. Pending this Writ Petition, petitioner filed Writ

Petition No. 28106 of 2008 calling in question the inaction of

the respondents in not considering his claim for appointment by

transfer as Assistant Engineer (Electrical) on par with

Sri P. Rajalingu and Sri S. Chandrasekhar (who are not made

parties to the Writ Petition) appointed by transfer as Assistant

Engineer (Electrical) by Memo dated 09.04.2008. In this Writ

Petition, the case put-forth by petitioner is that though this

Court granted interim direction dated 08.02.2007 in Writ

Petition No. 2298 of 2007 to consider his case, vide letter dated

Nil-04.2007 (signed on 17.04.2007), the Chief General Manager

quoted the reason that his Application was not received well in

time by the appointing authority, hence his case could not be

considered keeping in view the mandatory norm prescribed in

amendment issued to Annexure-I of Regulation 6(a) of APSEB

Service Regulations Part-III vide B.P.Ms.No. 354, dated

12.12.1994.

5. Learned counsel for petitioner Sri N. Praveen Reddy

submits that as per service regulations under Part-III

Engineering Service, an appointment can be made to the post of

Assistant Engineer (Electrical) (1) by direct recruitment (2)

recruitment by transfer; qualifications are prescribed under the

said Regulations, once qualifications obtained by the employees

in the feeder category that is in the post of Sub-Engineer for the

promotion to the post of Assistant Engineer are equal, the

seniority of the employees in the feeder category has to be

reckoned and accordingly, senior employee has to be given

promotion. According to learned counsel, admittedly, the 4th

respondent in Writ Petition No. 2298 of 2007 was junior to him

in the feeder category and Sri R. Rajalingu and Sri S.

Chandrasekhar acquired qualifications as stipulated in June

2007 and March 2008 ie. much later to him, hence, promotion

to the post of Assistant Engineer could have been accorded to

me. Learned counsel therefore, prays that both the Writ

Petitions be allowed and his client be considered to the post of

Assistant Engineer (Electrical) by transfer on par with the

employees appointed by transfer with all consequential benefits

as he is deprived of future chances of promotion having become

junior to the 4th respondent. In support of his arguments,

learned counsel relied on the judgment of Hon'ble Supreme

Court in Ajay Kumar Shukla v. Arvind Rai 1.

6. It is to be noted, in Writ Petition No. 28106 of 2008

also, this Court granted interim direction to respondents to

consider the case of petitioner for appointment as Assistant

(2021 (15) Scale 150)

Engineer (Electrical) by way of transfer from Sub-Engineer

within four weeks from the date of receipt of a copy of the said

order, subject to availability of vacancy as per Service Rules.

7. Sri Zakir Ali Danish, learned Standing Counsel for

TGNPDCL, based on the counter-affidavit filed by the Chief

General Manager (HRD), in Writ Petition No. 28106 of 2008,

makes his submissions that petitioner's case was considered

and a detailed speaking order dated 12.03.2009 was passed

informing that during March/April, 2008, it was proposed to fill

two posts of Assistant Engineers by appointment by transfer

and Sri Rajalingu and Sri S. Chandrasekhar, Sub-Engineers,

seniors to petitioner were considered and appointed. According

to him, the said order was not challenged by the petitioner

which has become final. However, the case of petitioner was

considered and he was appointed by transfer as Additional

Assistant Engineer vide memo dated 02.06.2009; further

converted as Assistant Engineer vide memo dated 07.08.2009

and subsequently, promoted as Assistant Divisional Engineer

by proceedings dated 03.02.2021, 21.11.202. At present he is

working as Assistant Divisional

Engiiner/Opn/Sirpurkagaznagar, as such, the grievance of

petitioner has been redressed. Learned Standing Counsel

therefore, requests that both the Writ Petitions be dismissed.

8. In view of the rival submissions, speaking order

dated 12.03.2009, needs attention. Respondents annexed the

said order to the counter-affidavit. It is extracted as under:

NORTHERN POWER DISTRIBUTION COMPANY OF A.P. Ltd.

CORPORATE OFFICE :: WARANGAL-506 004.

From:                                             To:
The Chief General Manager (HRD),                  Sri P. Srinivas, Sub-Engineer
A.P NPDC Ltd,                                     Asifabad Section,
Opp. NIT Petrol Pump,                             of Khagaznagar Division,
Chaitanyapuri. Hanamkonda,                        Operation Circle, Adilabad.
WARANGAL-506 004,
Andhra Pradesh.

Lr. No. CGM(HRD)/GM(S)/AS(Estt.)/PO-A/195-A3/09, Dt: 12-03-2009.

Sub: Estt - APNPDCL-ES-WPMP No. 36828 of 2008 in W.P No. 28106 of 2008 filed by Sri P Srinivas. Sub-Engineer/ Opn. Section/ Asifabad in the matter of appointing to the post of Asst. Engineer by transfer Speaking Orders - Issued.

Ref :1. Hon'ble High Court of A.P order dated 08-02-2007 in WP MP No.2945 of 2007 in W.P No.2298/07.

2. LrNo.CGM/HRD/GM(S)/PO-1/387-A3/07 Dt: 17-04-2007

3. Memo. No. CMD/CGM(HRD)/GM(S)/AS(Estt.)/PO-A/286-A3/08 Dt.09-04-2008.

4. Hon'ble High Court of A.P's orders dated 13-02-09 in W.PMP No 36828 of 2008 in W.P No 28106 of 2008 filed by Sri P Srinivas Sub- Engineer.

5. Representation dated 19-02-2009 of Sri P Srinivas Sub-Engineer/ Op/Asifabad.

It is to inform that pursuant to a writ petition filed by you seeking appointment to the post of Asst. Engineer by transfer under regulation 14(a)(i) of APSEB Service Regulations Part-II (As adopted by APNPDCL), the Hon'ble High Court of A.P by its ordered dated 13-02-2009 in WPMP No 36828 of 2008 in WP.No. 28106 of 2008 has passed interim orders as follows:-

"There shall be interim direction to the respondents to consider the case of the petitioner for appointment as Assistant Engineer (Electrical) by way of transfer from Sub-Engineer, within a period of four weeks from the date of receipt of a copy of this order, subject to the availability of vacancy as per the service Rules, notice."

3. In this regard, it is to inform that, in pursuance of the orders of Hon'ble High Court of A.P issued on 08-02-2007 in W.P MP. No. 2945 of 2007 in W.P. No. 2288/07, speaking orders were issued to you vide reference 2nd cited duly informing that your request application seeking for promotion on appointment by transfer as

Asst. Engineer was not received well in time by the appointing authority on the set date of recruitment for admission and hence your case could not be considered.

4. While so, after appointment of Sri S Srinivas, Sub-Engineer as Asst. Engineer Sri R. RajaLingu, Sub-Engineer, Sri S. Chandrashekar, Sub-Engineer and Sri P Kiran Kumar, Sub-Engineer who have joined as Sub-Engineers prior to your joining as Sub- Engineer, have acquired B Tech qualification from JNTU during June/2006, December/2007 and May/2007 respectively.

5. As per the amendment issued to Annexure-I of Regulation 6(a) of APSEB Service Regulations Part-III (As adopted by APNPDCL) vide BP (P&G- Per) Ms No 354, Dt 12-12-1994, the personnel who have been requesting for promotion to the post of Assistant Engineer by transfer inter-alia from Graduate Sub Engineers with minimum of four years service in the category of Sub-Engineer shall be eligible inter-alia subject to the following conditions-

"Such recruitment, among graduate Sub-Engineers shall be limited to 10% of the vacancies at the time of recruitment".

6. Keeping in view of the above mandatory norm, the recruitment process was concluded during the month of March/April, 2008 During the said recruitment, it was proposed to fill up (2) AEs posts by appointment by transfer Since, Sri R RajaLingu Sub-Engineer Sri S Chandrashekar, Sub-Engineer and Sri P. Kiran Kumar Sub-Engineer who have acquired B Tech qualification, are seniors to you. The cases of Sri R. Raja Lingu Sub-Engineer and Sri S. Chandrashekar Sub- Engineers were considered for appointment as Asst. Engineer by transfer and appointment orders were issued accordingly vide reference 3rd cited.

7. For the reasons cited above, your case for appointment as Asst. Engineer by transfer could not be considered However, your case for appointment as Asst. Engineer by transfer shall stand liable for consideration in the ensuing recruitment process interms of BP (P&G-Per) Ms. No. 354, Dt 12-12-1994 subject to time to time developments, instructions issued thereon and conditionally as per the recruitment policy as on that date

8. For the reasons mentioned in paras 6 and 7 above, communication of this letter shall be deemed that the interim orders of the Hon'ble High Court in WPMP No 36828 of 2008 in WP No. 28106 of 2008 have been obliged by the respondents scrupulously.

9. Nevertheless the position contained in pre-paras is subject to result of the W.P.No. 28106 of 2008 which is pending before the Hon'ble High Court of A.P.

CHIEF GENERAL MANAGER (HRD) APNPDCL: WARANGAL

Copy to:

Sri P.R. Balaram Reddy, Advocate & SLA to APNPDCL, Res Srinilayam, H.No. 16-2-738/7, Fem Hills, Behind T.V. Towers, Asmangadh, Malakpet, Hyderabad - 086

9. A cursory look at the above proceedings makes it

clear that pursuant to the interim order dated 08.02.2007 in

Writ Petition No. 2298 of 2007, speaking order dated

17.04.2007 was passed informing that his request application

for promotion on appointment by transfer as Assistant Engineer

was not received well in time by the appointing authority on the

set date of recruitment and hence, his case could not be

considered. After recruitment of Sri S. Srinivas, Sri R. Rajalingu,

Sri S. Chandrasekhar and Sri P. Kiran Kumar, Sub-Engineers

senior to him and who acquired B.Tech qualification from JNTU

during June 2006, December 2007 and May, 2007 respectively

were given promotions, keeping in view the amendment issued

to Annexure-I of Regulation 6(a) of APSEB Service Regulations

Part-III vide BP.Ms.No. 354, dated 12.12.1994 . It is further

stated therein that the case of petitioner would be considered in

the ensuring recruitment process, subject to time to time

developments, instructions issued thereon and conditionally as

per the recruitment policy as on that date. As rightly contended

by the learned Sanding Counsel, the said proceedings remained

unchallenged. In view of the same, particularly in view of the

reasons stated therein, the memo filed by the learned counsel

for petitioner dated 19.07.2024 in Writ Petition No. 2298 of

2007 stating that petitioner is now willing to forego all back-