IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 13932 of 2008 Between: 1 G.Satyanarayana, S/o. G.Somanaidu, R/o. Qr.No.BF-92, IM Colony, KTPS, Paloncha, Khammam District. 2 S.K.V.Ramana, S/o. Nageswara Rao, R/o. Qr.No.BF-440, IM Colony, KTPS, Paloncha, Khammam District. 3 K.Sambaiah, S/o. Roshaiah, R/o. Qr.No.BF-151, IM Colony, KTPS, Paloncha, Khammam District. 4 I.Nagaraju, S/o. Raghavulu, R/o. Qr.No.BF-151, IM Colony, KTPS, Paloncha, Khammam District. 5 M.Ranga Rao, S/o. Harinadhbabu, R/o. Qr.No.F-87,"B" Colony, KTPS, Paloncha, Khammam District. 6 M.Satyanarayana, S/o. bhaskar Rao, R/o. Qr.No.BF-108, IM Colony, KTPS, Paloncha, Khammam District. 7 K.Shankar, S/o. Ramulu, R/o. Qr.No.BF-193,"B" Colony, KTPS, Paloncha, Khammam District. 8 D.Srinivas, S/o. chandriah, R/o. Qr.No.BF-242,Ash Colony, KTPS, Paloncha, Khammam District. 9 P.Venkata Suresh, S/o. Venkateswarlu, R/o. H.No.5-10-71/72, Coolie Line, Kothagudem, Khammam District. 10 P.Srinivasa Rao, S/o. Krishanaih, R/o. Qr.No.BF-226,"B" Colony, KTPS, Paloncha, Khammam District. 11 Md. Abdul Azeez, S/o. Ahmed, R/o. Qr.No.G-19,"A" Colony, KTPS, Paloncha, Khammam District. 12 R.Appa Rao, S/o. Gopaiah, R/o. Qr.No.BF-50,IM Colony, KTPS, Paloncha, Khammam District. 13 T.Veerabhadram, S/o. Kotaiah, R/o. Qr.No.G-59,"A" Colony, KTPS, Paloncha, Khammam District. 14 A.Gandhi, S/o. ramalingaiah, R/o. C/o. MHPS Palair, APGenco.Ltd., cusumanchi Mandal, Khammam District. 15 K.Ajay Kumar, S/o. Bhaskar Rao, R/o. C/o. MHPS Palair, APGenco.Ltd., Kusumanchi Mandal, Khammam District. 16 K.Srinivasa Rao, S/o. Veeramshetti, R/o. Qr.No.BE-205,Ash Colony, KTPS, Paloncha, Khammam District. 17 I.Sudhakar, S/o. Thatharao, R/o. Qr.No.BF-440, IM colony, KTPS, Paloncha, Khammam District. ..... PETITIONERS AND 1 A.P.Power Generation Corporation Ltd., Hyderabad, Rep by its Managing Director, Vidyut soudha, Somajiguda, Hyderabad. 2 Chief Engineer(O&M), K.T.P.S. V-Stage, A.P.Genco., Paloncha, Khammam District. 3 Chief Engineer(O&M), K.T.P.S. A.P.Genco., Paloncha, Khammam District. 4 Superintending Engineer(O&M), K.T.P.S. V-Stage, A.P.Genco., Paloncha, Khammam District. 5 Superintending Engineer, M.H.S. Pochampadu, AP Genco, Nizambad District. 6 Government of Andhra Pradesh, rep by its Principal Secretary, Technical Education, Secretariat Buildings, Saifabad, 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 t issue a Writ, order or Direction more fully in the nature of Writ of Mandamus declaring that the proceedings dated 02-05- 2007 in Memo.No.GM(A)/DS/A/AS(PT)/PO-D2/298/2006 including in LR.No.9664/sER/2006 DATED 12.04.2007 of Respondent No.3 as illegal Violative of Article 14 & 16 of Constitutions of India and consequently direct the respondents 1 and 2 to appoint the petitioners to the posts of sub-Engineers in Andhra Pradesh Power Generation Corporation . Counsel for the Petitioner : SMT.K.SESHARAJYAM Counsel for the Respondents: GP FOR TECHNICAL EDUCATION The Court made the following ORDER: The petitioners are employed in A.P. Power Generation Corporation Limited, the first respondent herein, in various capacities, such as Plant Attendants. The post superior to that is Sub-Engineer. Earlier, appointment to the post of Sub-Engineer used to be by way of direct recruitment as well as by transfer. In the recent past, the appointment was confined to one, by way of transfer, vide G.O.O.No.74, dated 17.05.2008. In-service candidates, who possess Diploma in any discipline, such as Electrical, Mechanical, Civil, Telecommunications, Computer Engineering, etc., and who are approved probationers in the cadre from which appointment by transfer is made, are eligible. The petitioners claim to have obtained Diplomas from the Institution of Advanced Studies in Education (I.A.S.E.), Rajasthan, which is said to be a deemed University under the University Grants Commission Act. They state that though the Government had recognized the said qualification, the respondents are not considering the case of the petitioners for promotion to the post of Sub-Engineers. Heard the learned counsel for the petitioner and the learned Government Pleader for Technical Education. It is no doubt true that through amendment vide G.O.O.No.74, dated 17.05.2008, the first respondent had changed the method of selection and restricted the appointment to the post of Sub-Engineers, by way of transfer. The qualifications mentioned in the amendment are that one must an in- service candidate, holding Diploma in one or the other branch of Engineering and must be an approved probationer. There does not appear to be any serious controversy as to the petitioners being in- service candidates as well as approved probationers in the feeder category. The only controversy is about the recognition of the qualification held by them. The petitioners placed reliance upon a memo, dated 02.05.2007, issued by the Chief General Manager, which is to the effect that the Diploma in I.A.S.E. can be recognized for employment and academic purposes. This Court has come across, in several matters, that clarifications, inconsistent with each other, were being issued by various authorities of the A.P.GENCO and A.P.TRANSCO. In relation to A.P.TRANSCO, this Court directed that unless and until the Board of the Corporation takes a final decision, no further steps shall be taken on the basis of the ad hoc clarifications issued from time to time. This Court is of the view that the present case stands on the same footing. Hence, the writ petition is disposed of, directing that the Board of Directors of the first respondent shall examine the matter in relation to recognition of Diploma qualifications for promotion to the post of Sub-Engineers and any promotions or appointment by transfer shall be on the basis of such decision. There shall be no order as to costs. _____________________ ` L.NARASIMHA REDDY, J Dt:01.07.2008 Note: Issue cc in one week. (B/o) kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}