IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 3513 of 2009 Between: 1 R.Sudhakar, S/o. Narsaiah, deputed to Greater Hyderabad Municipal Corporation, Hyderabad. R/o. Malkajgiri, Hyderabad. 2 S.Venkata Rao, S/o. S.Yesudas, Habtech, Head Office, APSHCL, Hyderabad, R/o. L.N.Nagar, Yousufguda, Hyderabad. 3 S.Rajaratnam, S/o. Yesaiah, deputed to Greater Hyderabad Municipal Corporation, Hyderabad. R/o. Langar House, Hyderabad. 4 G.Shankar, S/o. Somia, Housing Cell, Collectorate, Hyderabad District, R/o. Sethapal Mandi, Secunderabad. 5 R.Balraj Kumar, S/o.Venkata Rao, Habtech, Head Office, APSHCL, Hyderabad R/o. Dilsuknagar, Hyderabad. 6 G.Siddartha S/o. G.Chandru, Deputyed to Greater Hyderabad Municipal Corporation, Hyderabad R/o. .S.R.Nagar, Hyderabad. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, Rep by its Principal SEcretary, Housing Department, Secretariat, Hyderabad. 2 The A.P.State Housing Corporation Ltd., Rep by its Managing Director, Urdu Galli, Himayat Nagar, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ order or direction particularly one in the nature of writ of mandamus that the action of the respondents in delaying filling up of the posts of deputy Executive Engineers in the A.P.State Housing Corporation Limited from SC/ST candidates is violative of Article 16(4a) of the Constitution of India and pass Counsel for the Petitioner:MR.M.PANDURANGA RAO Counsel for the Respondent No.: GP FOR HOUSING The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 3513 OF 2009 ORDER: 1. The petitioner worked as Work Inspector and subsequently promoted as Assistant Engineer. The government created 2080 additional post on the various categories of which 252 posts in the category of Deputy Executive Engineer under Indiramma Housing Programme as per G.O.Ms.No. 144 Finance (SMPC) Department, dated 3-6-2008. A.P. State Housing Corporation SC & ST Employees Welfare Association made a representation on 6-8-2008 to give relaxation with regard to the minimum service for promotion to the post of Deputy Executive Engineers. For better understanding of the grievance of the petitioner paras 6 to 8 need to be noted and they are :- “ It is necessary to submit here that the A.P. State Housing Corporation Limited has also adopted the Government Service Rules. It may be necessary to submit here that under Rule 10(a)(1) of the A.P. State and Subordinate Service Rules as well as Rule 37, when qualified persons are not available, unqualified persons may be promoted temporarily. In this Corporation, all the other posts were filled up by promotion from the feeder categories who are eligible for promotion as per service rules, but most of the backlog vacancies are not filled up in various categories as per the roster points. It is submitted that deputation is not a method of recruitment in the Corporation. The only method is b y promotion or direct recruitment. In the circumstances, our representation was favourably considered by the Managing Director who found us eligible for being promoted to the category of Deputy Executive Engineer. He therefore, requested the Government to issue necessary orders for implementing Indiramma Housing Programme effectively by filling up the vacant posts meant for SC/ST employees. 7. The Government by its letter dated 15- 11-2008 sought information from the Managing Director whether the orders issued in G.O.Ms.No. 5 dated 14-2-2003 were adopted by the Corporation and if so ROR in promotions was being implemented from the panel year 2002-03 and whether the provisions laid down in G.O.Ms.No. 2 SW (ROR) Department, dated 9-1-2004 for filling up the back log vacancies were being or not. The Managing Director was directed to examine the matter in detail in terms of the orders issued in the above G. Os as well as keeping in view the orders issued in G.O.Rt.No. 268 Housing (RH.I) Department, dated 10-10-2008 and thereafter come to the Government with specific proposal on which point or points, the orders of Government are required for taking further action in the matter. 8. It is necessary to submit here that in this case, the Government itself has extended G.O.Ms.No. 5 as well as G.O.Ms.No.2, dated 9-1-2004 to the Government as also to various Corporations/Bodies established and administered by the Government including this Housing Corporation. Therefore, promotions can be ordered and be made in so far as backlog vacancies are concerned by relaxing the rule. In any event, as the promotions are temporary insisting on minimum service would not arise”. 2. When the writ petition came up for admission, learned standing counsel appearing for the A.P. State Housing Corporation Limited take notice on behalf of 2nd Respondent. 3. The limited grievance of the petitioners is that the representations submitted by their association with regard to the relaxation of the minimum service for promotion of the Deputy Executive Engineer is not being considered by the 2nd Respondent. 4. In that view of the matter, this writ petition is disposed of directing the 2nd respondent to consider the representation submitted by the petitioners association and pass appropriate orders and communicate the same to the petitioners within four weeks from the date of receipt of copy of this order. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 24th February, 2009. Note: C.C. in three days B/o KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 3513 OF 2009 24th February, 2009