THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No. 5458 of 2000 Dated: 29-3-2010 Between: A.Raghava Chary …Petitioner and The Superintending Engineer, S.R.S.Project Construction Circle, Huzurabad, Karimnagar and others …Respondents ORAL ORDER: (Per Hon’ble Sri Justice Goda Raghuram) Heard Sri D.Linga Rao, learned counsel for the petitioner and the learned Government Pleader for Services II. The petitioner herein was the 3rd petitioner in O.A.No. 1917 of 1997 before the A.P.Administrative Tribunal, Hyderabad (for short ‘the Tribunal’). By an order dated 27-3-1997 followed by an order dated 29-3-1997 the 1st respondent herein (the Superintending Engineer, S.R.S.Project, Construction Circle, Huzurabad) the petitioner’s absorption as Work Inspector Grade III earlier ordered in proceedings of the said respondent dated 6-11-1993 was recalled and rescinded on the ground that the petitioner and the other petitioners in O.A.No. 1917 of 1997 did not possess the qualification for being absorbed as Work Inspector Grade III as prescribed in G.O.Ms.No. 289 Irrigation (Ser.V.2) Department, dated 23-6-1986. Aggrieved by the cancellation of their absorption as Work Inspector Grade III, nine individuals including the petitioner herein filed O.A.No. 1917 of 1997. The said O.A. was dismissed by the order of the Tribunal dated 22-2-2000. Thus is the petitioner before this Court. The relevant chronology of the facts is as under, in brief: The petitioner was initially appointed as NMR Work Inspector on 2-4-1979. At the time of initial appointment, the petitioner had SSC and ITI qualification. In G.O.Ms.No. 226 Irrigation and Power (Ser.V) Department, dated 26-6-1980 scales of pay were fixed along with an exercise of standardisation of nomenclature and qualifications of Work Inspectors of Irrigation and Power and Panchayat Raj Departments. For Work Inspector Grade III, the qualification enumerated in G.O.Ms.No.226 was “ITI holders or pass in SSC or HSC”. As the petitioner was an ITI holder with a pass in SSC, he was qualified to be categorised as Work Inspector Grade III under G.O.Ms.No. 226. In G.O.Ms.No. 143, Irrigation (Ser.V) Department dated 16-3-1984 a scheme for absorption of NMR Workers into work charged establishment was operationalised. Under this scheme of G.O.Ms.No. 143, NMR workers who possess five years of service as such were eligible for absorption into Workcharged establishment provided they fulfil the conditions laid down in G.O.Ms.No. 226. In view of the petitioner being qualified in terms of G.O.Ms.No. 226 and G.O.Ms.No. 143 for absorption as Work Inspector Grade III, in view of his qualification of ITI with SSC, in the proceedings of the 1st respondent dated 6-11-1993 the petitioner and others who were earlier absorbed as Work Inspectors Grade IV were re-absorbed with immediate effect into the relevant grades to which they are eligible as per G.O.Ms.No. 107 dated 7-2-1974 and G.O.Ms.No. 226 dated 26-6-1980. The petitioner figures at Sl.No.40 of the annexure to the 1st respondent’s proceedings dated 6-11-1993 and is reflected as having been re-absorbed from Work Inspector Grade IV to Work Inspector Grade III, with effect from 2-4-1984. In G.O.Ms.No. 289 Irrigation (Ser.V.2) Department dated 23-6-1986 the qualification for the revised designation of Work Inspector Grade III was stipulated as “Appeared for LCE/LME/LIE/LAE final year”. This revised qualification was to substitute the qualification prescribed for Work Inspector Grade III in G.O.Ms.No.226 dated 26-6- 1980. Since the petitioner had not appeared for LCE/LME/LIE/LAE final year as per the revised qualification for Work Inspector Grade III in G.O.Ms.No. 289, proceedings were initiated for cancellation of the re- absorption of the petitioner as Work Inspector Grade III. After a due process of notice and opportunity, orders were passed by the 1st respondent on 27-3-1997 and 29-3-1997 reverting the petitioner from Work Inspector Grade III to Work Inspector Grade IV and that was the grievance presented before the Tribunal, by the petitioner and others. By the order impugned, the learned Tribunal held that as the petitioner did not fulfil the revised qualification for Work Inspector Grade III as per G.O.Ms.No. 289, Irrigation (Ser.V.2) Department dated 23-6-1986 he was ineligible for continuing as Work Inspector Grade III and was rightly reverted from Grade III to Grade IV. The Tribunal also held that as the petitioner would not fall within the exemption granted in the order of the State Government issued in G.O.Ms.No. 402, Irrigation and Command Area Development (Ser.V.2) Department, dated 1-11-1988 he was rightly decategorised from Grade III to Grade IV. It requires to be noticed that in G.O.Ms.No. 402, in partial modification of the orders issued in G.O.Ms.No.289, the Government directed that the additional qualification of ITI for the post of Work Inspector Grade IV shall apply to those recruited on or after 23-6-1986 and that those NMR workers holding the post of Work Inspector Grade IV on NMR basis prior to 23-6-1986 with the qualification of HSC/SSC shall be exempted from possessing the ITI qualification prescribed in G.O.Ms.No. 289, for their conversion into Workcharged status after completion of five years of NMR service in terms of G.O.Ms.No. 143, Irrigation Department dated 16-3-1984. From the chronology of the several Government orders issued, it is clear that the petitioner was qualified to be categorised as Work Inspector Grade III in terms of the norms set out in G.O.Ms.No. 226 dated 26-6-1980; his entitlement for absorption into the Workcharged establishment and as Work Inspector Grade III flowed from the Government orders in G.O.Ms.No. 143 dated 16-3-1984; qua the orders in G.O.Ms.No. 143, the petitioner was entitled to be absorbed into the appropriate category of Work Inspector Grade III on completion of five years of service, with effect from 2-4-1984. Such entitlement of the petitioner for absorption as Work Inspector Grade III could not have been nullified by issuance of another executive order amending the qualification for holding the post of Work Inspector Grade III. By G.O.Ms.No. 289 dated 23-6-1986 the revision of qualification has only prospective effect i.e., in respect of those NMRs whose entitlement for absorption had not yet accrued by 23-6-1986, in terms of G.O.Ms.No. 143 or any other Government order. The clarification issued by the Government in G.O.Ms.No. 402 dated 11-11-1988 in terms encompasses the petitioner as well, as the petitioner was a Work Inspector Grade IV on NMR basis serving as such prior to 23-6-1986 (the date of G.O.Ms.No. 289). The Tribunal apparently misconceived the trajectory of the Government order in G.O.Ms.No. 402 in coming to the conclusion that the beneficent effect of the order in G.O.Ms.No. 402 does not extend to NMRs such as the petitioner. On the aforesaid analysis the order of the Tribunal impugned herein is unsustainable and is accordingly quashed. The orders of the 1st respondent dated 27-3-1997 and 29-3-1997 cannot also be sustained on the aforesaid analysis, in so far as the petitioner is concerned. These are accordingly set aside. The petitioner shall accordingly be treated as Work Inspector Grade III with effect from 2-4- 1984 in accordance with the proceedings of the 1st respondent dated 6-11-1993. The writ petition is allowed as above. There shall be no order as to costs. ________________________ GODA RAGHURAM, J _________________________ NOUSHAD ALI, J 29th March, 2010. GRR