IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE MR. JUSTICE G.CHANDRAIAH WRIT PETITION NO : 4758 of 2008 Between: 1 K.Koteswara Rao S/o.Lingaiah O/o Dam Maintenance Division, Neelam Sanjeeva Reddy Sagar Project, Srisailam East, Kurnool. 2 R.Yohan S/o.Srinivasa Rao O/o. Camps & Building Division, Neelam Sanjeeva Reddy Sagar Project, Srisailam East, Kurnool. 3 K.Kondaiah S/o.Chinna Musalaiah O/o. Camps & Building Division, Neelam Sanjeeva Reddy Sagar Project, Srisailam East, Kurnool. 4 G.Polaiah S/o.Narsaiah O/o. Camps & Building Division, Neelam Sanjeeva Reddy Sagar Project, Srisailam East, Kurnool. 5 K.Mallikarjuna S/o.Lingaiah O/o. Camps & Building Division, Neelam Sanjeeva Reddy Sagar Project, Srisailam East, Kurnool. 6 U.Devadana S/o.Venkataiah O/o Dam Maintenance Division, Neelam Sanjeeva Reddy Sagar Project, Srisailam East, Kurnool. 7 G.Pedda Chennaiah S/o.Kesaiah O/o Dam Maintenance Division, Neelam Sanjeeva Reddy Sagar Project, Srisailam East, Kurnool. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Irrigation and CAD Authority, Secretariat, Hyderabad. 2 The Chief Engineer, Neelam Sanjeeva Reddy Sagar Project (Mahabunagar) 6th Floor Gaganvihar M.J.Road, Hyderabad. 3 The Superintending Engineer, Dam Maintenance Circle, N.S.R.C. Project, Srisailam, Kurnool District. 4 The Executive Engineer, C&B Division, , N.S.R.C. Project, Srisailam, Kurnool District. 5 The Assistant Pay and Accounts Officer, S.R.B.C. Scheme, Nandyal, Kurnool District. .....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 more particularly one in the nature of Writ of Mandamus declaring the order passed in O.A.No.3896/2005 dt. 17.1.2008 on the file of the Hon'ble A.P. Administrative Tribunal at Hyderabad as illegal, arbitrary and consequently set aside the same by declaring that theorder impugned under O.A.No.3896 of 2005 results in violation of rights guaranteed under Article 14, 16 and 21 of the Constitution of India, 1950 and pass such other order or as this Hon'ble Court may deem think fit and proper. Counsel for the Petitioner:MR.V.MALLIK Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : HON'BLE SMT. JUSTICE T. MEENA KUMARI AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No. 4758 of 2008 ORDER: (per Smt. T.Meena Kumari,J) The writ petition is filed in the nature of Writ of Mandamus seeking to declare the order passed in O.A. No. 3896 of 2005, dated 17.1.2008 on the file of the A.P. Administrative Tribunal, Hyderabad as illegal, arbitrary and to set aside the same by further declaring that the order impugned in the writ petition is violative of the rights guaranteed under Articles 14,16 and 21 of the Constitution of India. The brief facts of the case are that the petitioners herein were working as Drillers in A.P, Construction Corporation. While so, they were deputed to Irrigation Department in the year 1984. Petitioners claim that by virtue of G.O. Ms. No. 88, dated 26.3.1993, they were absorbed in the Irrigation Department and their services were utilized on mechanical side. While so, the respondents issued the impugned proceedings reverting the petitioners as Drillers. It is further stated that the services of the petitioners were utilised on mechanical side from the year 1984 and if their promotions are cancelled now, they would suffer irreparable loss. According to them, there is no post of Driller and the respondents cannot revert the petitioners to the post of Driller. They also state that by virtue of G.O. Ms. No.301, Irrigation Department dated 26.9.1984, which was amended by G.O. Ms. No. 107, PWD, dated 7.2.1974, they were entitled for conversion as Fitter Grade-II. They, therefore, filed O.A No. 3896 of 2005 before the Tribunal assailing the impugned proceedings of the 3rd respondent dated 11.7.2005. The Tribunal, by the order impugned in this writ petition, while allowing the O.A. in part declined to interfere with the impugned order of reversion. It however, directed the respondents not to recover the difference of pay and allowances from the date of promotion as Fitter till the date of the impugned order dated 11.7.2005. Aggrieved, the petitioners filed the present writ petition. Learned counsel for the petitioners would contend that since the 3rd respondent issued the proceedings dated 11.7.2005 without issuing any notice and without affording any opportunity of hearing to them, the impugned order be set aside. While relying on para-5 of G.O. Ms. No.301, dated 29.6.1984, learned counsel would contend that the petitioners are entitled for conversion as Fitter Grade-II. He further submits that the Tribunal without taking this fact into consideration, erroneously declined to interfere with the impugned order of reversion passed by the 3rd respondent. Heard the learned counsel for the parties and perused the order of the Tribunal. As per G.O. Ms. No. 107, PWD, dated 7.2.1974, the qualification prescribed for the post of Fitter grade-II is: “must have five years experience as Helper, Grade-I in the particular trade to become eligible for promotion or must have passed SSC or its equivalent and possess ITI Trade Certificate in Mechanic Motor vehicle or Mechanical diesel or Mechanic Tractor, or must have passed TTC course after completing SSC.” Admittedly, as per the aforesaid G.O., the channel and qualification for posting as Fitter Grade-II are one must have five years of experience as Helper, Grade-I. Since the petitioners were not working as Helpers, Grade-I by the time they were promoted as Fitter-Grade-II, they are not entitled to be continued as Fitters Grade-II. Let us see para-5 of G.O. Ms. No.301, dated 29.6.1984, which reads thus: “The work charged employees who acquire qualifications, while in service, prescribed for different trades, be appointed under recruitment by transfer on initial skilled posts of the respective trades or from one trade to another provided they take last rank among the persons working under that trade. However, their past service is countable for pension if qualifies for pension and leave purpose only and their last drawn pay may be protected if it happens to be higher than the minimum of the scale duly obtaining an undertaking to the effect that in the event of any retrenchment, he should not ask for reversion to his original post. Admittedly, the Government issued the aforesaid G.O. on the basis of the recommendations of the Board of Chief Engineers for providing promotional channel to the independent posts duly prescribing the experience required for promotion from one category to another, amending G.O. Ms. No.107, dated 7.2.1974. The G.O. was amended in so far as Guardsman, Sergeant, Cook grade-I, Care Taker, Asst. Launch Syrang, Photographer and Telephone Operators are concerned and admittedly the categories of Fitter and Driller does not find place in the aforesaid G.O. In the circumstances, the tribunal rightly declined to interfere with the impugned proceedings of the 3rd respondent reverting the petitioners from Fitter-grade- II. We, therefore, do not find any illegality or irregularity in the order of the Tribunal warranting interference. At this stage, learned counsel while referring to the first portion of para-5 of G.O. Ms. No. 301, dated 26.9.1984, would contend that the petitioners may be given an opportunity to make a representation to the appropriate authorities to consider their case for the post of Fitter Grade-II on the basis of their practical experience. Accordingly, if the petitioners make such a representation, the respondent-authorities shall consider and dispose of the same in accordance with the rules. The writ petition is accordingly disposed of. No costs. ___________________ (T. MEENA KUMARI,J) Date: 11th March, 2008 ___________________ (G. CHANDRAIAH,J) pnb