IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE BILAL NAZKI and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NOS.5870, 6017, 6447 OF 2004 AND W.P.NO.22351 OF 2004 WRIT PETITION NO : 5870 of 2004 Between: M.Devanand S/o M.Mallaiah L.B.Nagar Municipality Ranga Reddy Dist ..... PETITIONER AND 1 B.Sangameswar S/o B.Ramulu Working as Deputy Executive Engineer (PH) Qutubullapur, Ranga Reddy Dist 2 Sadat Hussain S/o Ahmed Hussain Working as Deputy Executive Engineer (PH) Hyd 3 Mohd. Mahood Ali S/o Mohd. Ahmed Ali Working as Deputy Executive Engineer (PH) HMWS & SB , Hyd 4 Principal Secretary Municipal Administration and Urban Development Secretariat, Hyd 5 The Engineer in Chief (Public Health) Government of AP Kashana AC. Guards, Hyd .....RESPONDENTS 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 issue a writ or order or direction more particularly one in the nature of Writ of Certiorari Calling for the records relating to judgment of the Hon'ble AP. Administrative Tribunal dt. 11/03/2004 in OA.No.761/2003 and quash the same by holding it as illegal bad arbitrary and contrary to the well settled principles of service jurisprudence. Counsel for the Petitioner: MR.J.R.MANOHAR RAO Counsel for Respondents 1 to 3: P.Balakrishna Murty. Counsel for the Respondent Nos.4 & 5: GP FOR SERVICES I WRIT PETITION NO : 6017 of 2004 Between: 1 P.MD.Abdul Rahiman S/o Late A.Masthan Saheb PCC.III, HMW S &SB (S.E on own pay) S.R.Nagar , Hyd 2 S.Prabhakar Sharma S/o S.Narahari Sharma Project Construction Circle-II Khairtabad, Hyd ..... PETITIONERS AND 1 Principal Secretary to Government , Municipal Administration and Urban Develpment Dept., State of AP Secretariat, Hyd 2 Engineer in Chief Public Health , AC Gurards AP, Hyd 3 Managaing Director Hyderabad Metro Water Supply and Sewerage Board Hyderabad 4 Md. Imtiaz Ahmed S/o Chief General Manager (Engg) HMWS & SB Hyderabad 5 B.Javaram Reddy S/o Public Health Aanatapur Aanatapur Dist 6 C,.V.Rama Baba S/o Executive Engineer, (PH) O/o Engineer in chief, Public Health Hyd 7 M.Rama Mohan Reddy Executive Engineer(PH) Public Helath, Tirupathi 8 P.Monhar Babu S/o Municipal Engineer, Rajahmundry Municipal Corportation, Rajahmundry, East Godavari Dist 9 P.Peathamber Rao, S/o.P.Laxmikantha Rao, P.H.Division, Hyderabad. 10 Ch.Goutham Reddy, S/o.Ramachandra Reddy, presently working as General Manager, Hyderabad Metropolitan Water Supply and SewerageBoard, Hyderabad. (RR 9 AND 10 ARE IMPLEADED AS PER COURT ORDER DT.5- 4-2004 IN WPMP 8697/2004) .....RESPONDENTS 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 issue a writ order or direction more in the nature of Writ of Certiorari calling for the records relating to order of the Hon'ble AP.Adminstrative Tribunal dt. 19/03/2004 in OA.No.5972/2003 and quash the same by holding it as illegal, bad and arbitrary and further direct the respondent to follow the integrated seniority list of Deputy Executive Engineers dt. 10/01/2003 while effecting promotions to the post of Superintending Engineers and consider the case of the petitioner for promotion to the post of Superintending Engineer by following seniority list dt. 10/01/2003. Counsel for the Petitioner: MR.J.R.MANOHAR RAO Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES I Counsel for Respondents 6 to 8: Mr.C.Srinivas Baba. WRIT PETITION NO : 6447 of 2004 Between: D. Sunda Rami Reddy, S/o. D.V. Subba Reddy, O & M Division No. X, HMWS & SB, Amberpet, Hyderabad. ..... PETITIONER AND 1 State of A.P. rep. by its Principal Secretary to Government, Municipal Administration and Urban Development Department, Secretariat, Hyderabad. 2 Engineer-in-Chief, Public Health, A.C. Guards, Hyderabad. 3 Md. Imtiaz Ahmed, S/o. and age not known, Chief General Manager (Engg.) HMWS & SB, Hyderabad. .....RESPONDENTS 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 issue a Writ order or direction more in the nature of writ of Certiorari calling for the records relating to order of the Hon'ble A.P. Administrative Tribunal dt. 19-3-2004 in O.A.No.5967 of 2003 and quash the same by holding it as illegal, bad and arbitrary and further direct the respondents to follow the integrated seniority list of Deputy Executive Engineers dt. 10-1-2003 while effecting promotion to the post of Superintending Engineers and consider the case of the petitioner for promotion to the post of Superintending Engineer by following seniority list dt.10-1-2003 or any modified list. Counsel for the Petitioner: MR.J.R.MANOHAR RAO Counsel for the Respondent No.1 &2: GP FOR MUNCIPAL ADMN. & URBAN DEV. Counsel for Respondent No.3: P.Raghavender Reddy. WRIT PETITION NO : 22351 of 2004 Between: 1 D. Janardhan Reddy, S/o. D. Gopal Reddy, O/o. Executive Engineer Division No.1, MCH, Sarddar Mahal, Hyderabad. 2 J. Gajendeer Rao, S/o. J. Meenaji Rao, Office of the Chief General Manager (Engg) HMWS & SB Transmission Circle, S.R.Nagar, Hyderabad. 3 M. Manik Rao, S/o. Late M. Lingamaiah, HMWS & SB Sub Division No. III, O & M Division No. III, Goshamahal, Hyderabad. ..... PETITIONERS AND 1 G. Rameshwar Rao, S/o. Balakistaiah, (E), (I/C) H.M.W.S. & S.B. Hyderabad. 2 A. Prabhakar, S/o. A. Veeresham, in Kapra Municipality. 3 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad. 4 The Engineer-in-Chief (Public Health) Government of Andhra Pradesh, Kashana, A.C. Guards, Hyderabad. .....RESPONDENTS 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 issue a writ order or direction more in the nature of Writ of Certiorari calling for the records relating to judgment of the Hon'ble A.P. Administrative Tribunal dt. 11-3- 2004 in O.A.No.799/2003 and quash the same by holding it as illegal, bad arbitrary and contrary to the well settled principles of service jurisprudence and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.J.R.MANOHAR RAO Counsel for the Respondent Nos.1 &2: MR.M.SURENDER RAO The Court at the admission stage made the following : THE HONOURABLE SRI JUSTICE BILAL NAZKI AND THE HONORUABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NOS.5870, 6017, 6447 OF 2004 AND W.P.NO.22351 OF 2004 COMMON ORDER: ( per BN,J) Since all the questions of law and facts are same and the Tribunal has passed a common judgment, these writ petitions are also decided by this common order. Writ Petition No.5870 of 2004 has been filed challenging the order of the Tribunal dated 11.3.2004 in O.S.No.761 of 2003. Writ Petition No.6017 of 2004 has been filed challenging the order of the Tribunal dated 19.3.2004 in O.A.No.5872 of 2003. Writ petition No.6447 of 2004 has been filed challenging the order of the Tribunal dated 19.3.2004 passed in O.A.No.5967 of 2003. The petitioners in these writ petitions were also parties before the Tribunal. Writ Petition (SR) No.31521 of 2004 has been filed challenging the order of the Tribunal dated 11.3.2004 passed in O.A.No.799 of 2003 and since the petitioners in this writ petition were not parties before the Tribunal, they sought leave of this Court to appeal. Facts are taken from Writ Petition No.5870 of 2004. The contention of the writ petitioner is that he was appointed as Municipal Assistant Engineer on 8.9.1982, thereafter he was appointed as Deputy Executive Engineer in A.P. Public Health and Municipal Engineering Service on 21.12.1992. The respondents 1 to 3 have filed O.A. before the Tribunal, challenging the Provisional Seniority list of Deputy Executive Engineers issued vide proceedings dated 10.1.2003, which was subsequently amended by proceedings dated 15.2.2003. The petitioners before the Tribunal contended that G.O.Ms.No.63, dated 8.2.1977 and G.o.Ms.202, dated 14.8.1997 were repugnant to the provisions of the Presidential Orders. It is submitted that while challenging the provisional Seniority List, the respondents 1 to 3 had not raised any valid ground and the O.A. was not maintainable as the Seniority List, which was provisional, could not have been challenged. Before coming to the contentions of the parties in the writ petition, it will be necessary to have a glimpse of pleadings in O.A.No.761 of 2003. The applicants before the Tribunal claim that they were working as Deputy Executive Engineers in Public Health and Municipal Engineering Departments and were governed by the Statutory Rules through G.O.No.168 Health and Municipal Administration, dated 20.2.1965 (referred as special Rules). All the appointees belong to zone-VI. Zone-VI was constituted under the Presidential order. The Post of Deputy Executive Engineer was a zonal post under the Presidential Order and the next higher post was Executive Engineer, which was a State-wide post. The service constituted under the said Rules is a civil service and the applicants are civil servants. Through G.O.Ms.No.63, the Special Rules were amended providing for direct recruitment from A.P. Municipal Engineering Supervisors Services against the vacancies 4 and 8 in a cycle of 12 vacancies to the post of Deputy Executive Engineer in Public Health and Municipal Engineering Services. The Rules were further amended through G.O.No.202 on 14.8.1997. From the same cycle of 12 vacancies, indiscriminate feeder sources were provided for Municipal Assistant Engineers by promotion/transfer as Deputy Executive Engineers in Public Health and Municipal Engineering Services. The President of India promulgated The Andhra Pradesh Public Employment (Organisation of Local Cadre and Regulation of Direct Recruitment) Order, 1975 popularly known as The Presidential Order under the powers conferred on him under Article 371-D of the Constitution of India. It was repugnant to the Presidential Order to provide promotion or transfer from a non-civil service to a civil service post. Therefore, for providing transfer/promotion, direct recruitment from Municipal Engineering Service constituted under Section 80 of the A.P. Municipalities Act,1965, was illegal. G.O.Ms.No.202, dated 14.8.1997 was challenged through O.A.No.6099 of 1997. A Division Bench of the Tribunal through its judgment dated 12.11.2000, dismissed the said O.A. The issue was carried to the High Court through W.P.No.26338 of 2000. A Division Bench of the High Court struck down G.O.Ms.No.202. It was contended that since G.O.Ms.No.202 was struck down being repugnant to the Presidential Order, G.O.Ms.No.63, dated 8.2.1977 could not survive as it had merged with G.O.Ms.No.202. G.O.Ms.No.202 had been given retrospective effect from 22.9.1977. Therefore, it should be assumed that any amendments issued in G.O.Ms.No.63 and G.O.Ms.No.202 were ineffective. It is further contended that direct recruitment against the vacancies 4 and 8 provided under G.O.No.63 dated 8.2.1977 would have to be in conformity with the Presidential Order and any deviation would b e ultra vires to the Presidential Order. It was further contended that a definite procedure has been provided under paras-6 to 8 of the Presidential Order and no deviation can be made. G.O.Ms.No.63 was never put into operation by respondents 1 and 2. The second respondent issued provisional seniority list through proceedings dated 10.1.2003 whereunder despite the judgment of this Court, promotees from Municipal Engineering Services, i.e., respondents 3 to 7, were included in the list and they were placed above the applicants before the Tribunal. So, the provisional seniority list was mainly challenged on two grounds. First ground being that it was repugnant to the Presidential Order, and secondly, it was contended that it was contrary to the judgment of the High Court in Writ Petition No.23668 of 2000. In the counter affidavit filed before the Tribunal, it was contended that as per the amendments made to the Rules in the year 1977 through G.O.Ms.No.63, the Municipal Engineers were entitled for the vacancies No.4 and 8 in the cycle of 12 vacancies. Thereafter the Government dispensed with the direct recruitment to the post of Executive Engineers. In a cycle of 12 vacancies, four vacancies were reserved for direct recruitment. In view of dispensing with direct recruitment, four vacancies meant for direct recruitment, were allotted to the Public Health Engineering and Municipal Engineers in the ratio of 1:1 vide G.O.Ms.No.1298 dated 10.9.1993. In terms G.O.Ms.No.1298, Municipal Engineers were entitled for four vacancies out of 13 vacancies and the Public Health Engineers were entitled for remaining vacancies. In the year 1993, one Municipal Engineer, i.e., the third respondent before the Tribunal was promoted as Deputy Executive Engineer. After 1993, no promotions were made to the category of Deputy Executive Engineers till 2000. G.O.Ms.No.202 was issued on 14.8.1997 amending the Special Rules. According to the said amendment, promotions to the post of Deputy Executive Engineers were to be made on the basis of combined seniority list of Public Health Engineers and Municipal Engineers. By following the said amendments, promotions were made to the post of Deputy Executive Engineers. In the year 2000, 37 persons were promoted as Deputy Executive Engineers by following the common seniority list. Out of the 37 persons promoted, 36 belong to Public Health Engineering and only one belongs to Municipal Engineering, who was the fourth respondent before the Tribunal. If the cycle had been followed, Municipal Engineers would get 9 vacancies but only one Municipal Engineer was promoted during 2000. It was further submitted that after amendment in G.O.Ms.No.202, which was held to be unconstitutional, the authorities took up review of promotions to the post of Deputy Executive Engineer. Promotions were made in the year 2002 by reviewing the earlier promotions and 18 Assistant Executive Engineers/Assistant Engineers were promoted as Deputy Executive Engineers. Out of 18 Assistant Engineers so promoted, 7 belong to Municipal Engineering Services and 11 belong to Public Health Services. It is submitted that 7 Municipal Engineers were promoted as per the cycle prescribed without following the combined seniority list. Therefore, the Municipal Engineers were in fact promoted as per the quota prescribed under the Rules and they were not promoted in excess of their quota. In fact, out of 45 promoted during 2000 and 2002, the Municipal Engineers were entitled to 15 vacancies but only 8 were promoted, therefore, no injustice has been caused to the Public Health Engineers. In view of these pleadings, it becomes necessary to ascertain the effect of the Judgment of this Court in Writ Petition No.23668 of 2000 because the whole controversy revolves around the interpretation of that judgment. In that writ petition, two questions were framed for consideration by this Court: 1. “Whether transfer by promotion of an employee from a service constituted under a local authority like Municipalities under an act of the State Legislature and the Rules made there under could be brought into a civil service by rules made under Article 309 of the Constitution of India? 2. Are the Rules so made not repugnant to and violative of the provisions of the Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975 popularly known as the Presidential Order ?” And ultimately the Court came to the conclusion; “For the reasons aforementioned we are of the opinion that the impugned G.O. cannot be sustained and it is set aside accordingly. The writ petition is allowed.” In view of the same, it is appropriate to reproduce G.O.Ms.No.202, dated 14.8.1997 and G.O.Ms.No.63, dated 8.2.1977. G.O.Ms.No.202 read as under: GOVERNMENT OF ANDHRA PRADESH ABSTRACT PUBLIC SERVICES – Andhra Pradesh Public Health and Municipal Engineering Service – Special Rules – Certain Amendments – Issued. Municipal Administration & Urban Development (E1) Department G.O.Ms.No.202 M.A. Dated 14th August, 1997 Read the following:- 1. G.O.(Ps) No.168 MA, dated 28-2-1965 2. G.O.Ms.No.328 MA dated 18-6-1995 3. G.O.Ms.No.15 MA dated 7-1-1997 4. From Engineer-in-Chief (Public Health) Hyderabad Letter No.1961/CS3/97 dated 18-2- 1997 and 9-4-1997. 5. G.O.Ms.No.247 M.A. dated 3-5-91. 6. From the Secretary, APPSC, Hyderabad Lr.No.2486/RR/3/97 dated 29-7-97. --- O R D E R:- In the reference 3rd read above orders have been issued for unification and of services of Municipal Assistant Engineers and Assistant Executive Engineers and Assistant Engineers/Assistant Executive Engineers of Public Health cadre in each zone for the purpose of maintenance of a common seniority for promotion to the post of Deputy Executive Engineers, deleting the rule of reservation being adopted in the second occasion while promoting the personal belonging to Municipal Engineering Service, to the cadre of Deputy services of Municipal Engineering Personnel, to provide equal promotion avenues in all zones in respect of Municipal as well as public Health Engineers. 2. The A.P. Administrative Tribunal in its interim order dated 30-1-1997 in O.A.NO.394/97 observed that the Interim order does not preclude the authorities to take steps to amend the Rules. If they an distress. 3. In the reference 4th read above the Engineer-in-Chief (Public Health) has reported that the rule 4 of Andhra Pradesh Public Health and Municipal Engineering Service Rules, relating to Special concentration of appointment following General Rule 22 be delegated as there will be no direct recruitment to the post of Deputy Executive Engineers by virtue of proposed amendment to rule 3 of Andhra Pradesh Public Health and Municipal Engineering Service. Government after consideration of the proposals of Engineer-in-Chief (Public Health) have decided to amend the rules in pursuance of the orders issued in the G.O. 3rd read above. 4. The following notification will be published in the extra-ordinary issue of the Andhra Pradesh Gazette:- NOTIFICATION In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Andhra Pradesh hereby makes the following amendments to the Andhra Pradesh Public Health and Municipal Engineering Service Rules, 1965, issued in G.O.Ms.No.168 M.A. dated 28th Feb. 1965. AMENDMENT In the said Rules – 1. In the Table under Rule 3, for the entries under Column (2) against category 3 under column (1) thereof, the following shall be substituted, namely;- Category Method of Appointment 1. (2) 3. Deputy Executive The vacancies of Deputy Executive Engineers Engineer shall be filed in the Following order of rotation in Every cycle of 12 vacancies. 1st vacancy By promotion from the Asst.Exe Engineers (Public Health) of the Andhra Pradesh Public Health and Municipal Engineering services or The Municipal Assistant Executive Engineers by transfer from Mpl. Engineering Service. 2nd vacancy By promotion from the Asst.Exe. Engineers(Public Health) of the Andhra Pradesh Public Health and Municipal Engineering Service of The Municipal Assistant Executive Engineers by transfer from Mpl. Engineering Service. 3rd vacancy By recruitment by transfer from D’man 1st grade or Special grade of Andhra Pradesh Public Health and Municipal Engineering Subordinate Service, preference shall given to Possessing B.E. Degree Qualification 4th vacancy By promotion from the Municipal Asst. Engineer Andhra Pradesh Municipal Engineering Service or Asst. Engineer (Public Health) by Transfer from the Andhra Pradesh Public Health and Municipal Engg., Subordinate Service. 5th vacancy By promotion from the Assistant Engineer(Public Health) by Transfer from the Andhra Pradesh Public Health and Municipal Engineering Subordinate service or The Municipal Assistant Engineer by Transfer from the Municipal Engg., Service. 6th vacancy By promotion from the Assistant Executive Engineer(Public Health) of the Andhra Pradesh Public Health and Municipal Engineering Service or the Municipal Asst. Engineer by Transfer from the Andhra Pradesh Municipal Engg., Service. 7th vacancy By promotion from the Asst.Exe. Engineer(Public Health); of the Andhra Pradesh Public Health and Municipal Engineering Service or the Municipal Asst. Exe. Engineering Service. 8th vacancy By promotion from the Municipal Asst.Engineer of the Andhra Pradesh Municipal Engineering Service or the Asst. Engineer (Public Health) of the Andhra Pradesh Health and Municipal Engg.Subordinate service. 9th vacancy By promotion from the Asst. Exe. Engineers/Mpl.Assistant Executive Engineers possessing the post Graduate qualification. Preference Shall be given to the post graduate In public health Engineering only When all the other qualifications Being equal. The senior among the Said Asst.Executive Engineer/Mpl. Asst Executive Engineer shall be Considered against this vacancy. If No qualified Assistant Exe.Engineer /Mpl. Asst.Executive Engineer is available the said vacancy shall go to the Asst.Executive Engineers or by recruitment by transfer from Assistant Engineers of the Andhra Pradesh Public Health and Municipal Engineering Subordinate service. 10th vacancy By promotion from the Asst.Exe. Engineer (Public Health) of the Andhra Pradesh Public Health and Municipal Engineering Service or the Municipal Asst.Exe. Engineer by transfer from Municipal Engg., service. 11th vacancy By promotion from the Asst. Exe. Engineer (Public Health) of the Andhra Pradesh Public Health and Municipal Engineering Service or The Municipal Asst. Exe. Engineer By transfer from Municipal Engg., Service. 12th vacancy By promotion from the Asst. Exe. Engineer (Public Health) from the Andhra Pradesh Public Health and Municipal Engineering subordinate Service or the Municipal Assistant Engineer by transfer from Municipal Engineering Service. 2. In Rule 4, the words ‘Deputy Executive Engineer and’ shall be omitted. 3. The amendment hereby made shall be deemed to have come into force with effect from 22-9-1977. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) Sd/-xxx PRL. SECRETARY TO GOVT. To All concerned G.O.Ms.No.63 M.A. reads as under; GOVERNMENT OF ANDHRA PRADESH ABSTRACT Public Services – Andhra Pradesh Public Health and Municipal Engineering Services- Special Rules- Certain Amendments – Issued. -------------------------------------------------------------------------------- Housing, Municipal Administration & Urban Development Department G.O.Ms.No.63 M.A Dated the 8th day of Feb. 1977 Read the following:- 1. G.O.Ms.NO.165 MA., dated 20-2-1965 2. From the Chief Engineer (Public Health) Letter No. 1212/108/GSI/63 dated 25-8-1970 3. From the Andhra Pradesh Public Service Commission, Lr.No. 1763/51 dated 20-1-1977. -------- O R D E R:- The following notification shall be published in the Andhra Pradesh Gazettee:- NOTIFICATION In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Andhra Pradesh hereby makes the following amendments to the Andhra Pradesh Public Services and Municipal Engineering Service Rules issued in G.O. (Ps) No.168 M.A. dated 20-2-1965:- 1. In the said Rules :- (1) in the Table under Rule 3, for the entries in column (2) pertaining to Item 3 ’Assistant Engineers’, the following entries shall be substituted, namely:- 1st vacancy : By promotion from the Junior Engineers or by transfer from Supervisors of the Andhra Public Health and Municipal Engineering Service; 2nd Vacancy : By direct recruitment 3rd Vacancy : By recruitment by transfer from Draughtsman of the Andhra Pradesh Public Health and Municipal Engg., Subordinate Service, preference Being given a Draughtsman with B.E. Degree Qualification. 4th Vacancy : By direct recruitment from Municipal Superintendents of the Andhra Pradesh Municipal Engg., Supervisors Service. The direct Recruitment should also cover the Non-substantive vacancies of the Category. 5th Vacancy : By promotion from the Junior Engineers; or by recruitment by Transfer from Supervisors of Andhra Pradesh Public Health and Municipal Engineering Subordinate Service. 6th Vacancy : By direct recruitment 7th Vacancy : By promotion from the Junior Engineers: or by direct recruit- Ment by transfer from Supervisors Of the Andhra Pradesh Public Health and Municipal Engineering Subordinate Service. 8th Vacancy : By direct recruitment from Mpl. Supervisors of the Andhra Pradesh Municipal Engineering Supervisors Service. The direct recruitment Should also cover the non- Substantive vacancies of the Category). 9th Vacancy : By promotion from the Junior Engineers or by direct recruitment By transfer from Supervisors of the Andhra Pradesh Public Health and Municipal Engineering Subordinate Service; 10th Vacancy : By direct recruitment 11th Vacancy : By promotion from the Junior Engineers or by recruitment by Transfer from Supervisors of the Andhra Pradesh Public Health and Municipal Engg., Subordinate Service. 12th Vacancy : By direct recruitment. Provided that in the exigencies of service, the Government shall have the power to appoint by transfer from the Assistant Engineers of Public Works Branch of the Andhra Pradesh Engineering Service or for the special reasons from any other Service.” 2. In the Table under Rules, for the entries pertaining to Item 3, Assistant Engineers in column (1), (2) and (3) the following entries shall be substituted namely:- 3. Assistant Engineers (i) Direct 1) A degree in Civil or Mech- Recruitment anical Engineering in any University in India establi- Shed or incorporated by or A under a Ministerial Act, Provincial Act or a State Act or an Institution reco- gnised by the University Grants Commission or any Other equivalent qualifica- Tion. 2) Must not have