IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P. No.2704 of 2002 Between: M.Venkat Reddy and another … Petitioners And The Managing Director, Andhra Pradesh Scheudled Castes Co-operative Finance Corporation Limited, Hyderabad and others. … Respondents THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P. No.2704 of 2002 ORDER: Questioning inaction on the part of the respondents in promoting the petitioners to the post of Assistant Engineer, the present writ petition has been filed. The case of the petitioners, in brief, is that they are the diploma holders in Civil Engineering and having obtained L.C.E., joined the services of the 1st respondent. Their claim is that they are entitled to be promoted to the post of Assistant Engineer since they have been working as in-charge Assistant Engineers from 19.07.1997. It is also submitted that Works Inspectors working in other districts like Adilabad and Warangal have been promoted as Assistant Engineers by the 1st respondent and six posts of Assistant Engineers are vacant in Mahabubnagar District. It is also further submitted that the respondent authorities, instead of promoting the petitioners, are taking steps to fill the posts of Assistant Engineers with Works Inspectors from other districts, which is arbitrary and illegal. Hence, the present writ petition. On behalf of the respondents, the 1st respondent filed counter denying the averments of the petitioners, inter alia, submitted that DSCSC Societies are established and registered under A.P. Cooperative Societies Act, 1964 and the Corporation has its own bye- laws. The Government vide G.O.Ms.No.200, S.W. (Scp.II) Department, dated 12.09.1985 temporarily created Engineering Wing in all the districts of the State to take up construction works such as poultry complex, shopping complex, Rural Artisans Complex etc., for economic development of the Schedule Castes beneficiaries. The Government set out the staffing pattern, which was appended to the said G.O. for proper functioning of the Engineering Wing. As per the conditions of the said G.O., the Engineering Wing has to meet out its recurring costs from out of PS and MS charges earned on execution work. As per staffing pattern set out in the said G.O., there is no post of Work Inspector sanctioned by the Government. However, in view of the urgency in execution of certain construction works, the Chief Engineer, Tribal Welfare vide his Memo No.B3/10482/98, dated 17.10.1988 permitted all the Executive Engineers of the Engineering Wing in the District to temporarily appoint Work Inspector in the strength of not more than eight members in each district societies subject to the conditions specified therein and also subject to the availability of PS charges. The services of the Work Inspectors will be continued under work charged establishment subject to availability of works and also availability of PS and MS charges. As the services of the Work Inspectors are purely temporary in nature, the same cannot be regularized at any point of time. It is further submitted that even though the Engineering Wings were established long back, there were no service rules for the technical staff working in the district societies. However, in view of the directions of this Court passed in W.P. No.19664 of 1999, the Committee of persons, General Body and RCS, A.P. Hyderabad framed services rules for the technical staff working in the Engineering Wing and the same was approved by the Registrar of Cooperative Societies, Andhra Pradesh. As the post of Work Inspector is not a sanctioned post as per the staffing pattern set out in G.O.Ms.No.200, dated 12.09.1985, the same was not included in the approved service rules of technical staff, thereby no promotional avenues were made available to the Work Inspectors. It is further submitted that the petitioners were appointed as Work Inspectors in the Engineering Wing of the Mahaboobnagar District Society w.e.f. 20.07.1992. As the post of Work Inspector is not a sanctioned post, the promotion of the petitioners to the post of Work Inspector Grade-I itself was irregular. The petitioners were given regular time scales and upgradation of posts by the District Collector/Chairman, DSCSCS Limited based on the Government orders pertaining to the Irrigation Departments, which have no application to the Corporation. The services of the petitioners have not been regularized as the post of Work Inspectors are not sanctioned posts. The respondents have specifically denied the averment of the petitioners that the 1st respondent promoted the Work Inspectors, who were working in Adilabad and Warangal Districts. The District Collector being the Chairman of DSCSCS Limited, Mahaboobnagar issued proceedings temporarily posting the petitioners as in-charge Assistant Engineers due to the temporary work load in the district societies. The said proceedings were issued purely on temporary basis and the same does not confer any rights on the petitioners to claim the promotion. The proceedings of the Collector dated 28.07.1999 promoting the petitioners is based on G.O.Ms.No.370, Irrigation (Service - V) Department, dated 04.08.1984 and the said G.O. has no application to the employees working in the Corporation and the promotional orders of the petitioners itself is irregular. Eventually it is submitted that there are no merits in the writ petition and the same is liable to be dismissed. The main grievance of the petitioners is that though they are working as in-charge Assistant Engineers from 19.07.1997, the respondent authorities are trying to fill up the posts of Assistant Engineers from other district ignoring them. It is categorically averred in the counter affidavit that the respondent authorities have not taken any decision to fill up any post of Assistant Engineers in the districts either by way of direct appointment or by way of transfer in view of the precarious financial conditions of the societies. The claim of the petitioners itself is that they have joined the services of the 1st respondent as Works Inspector and the respondents are categorically stating that the post of Works Inspector is not a sanctioned post as per the staffing pattern set out in G.O.Ms.No.200, dated 12.09.1985 and the services of the petitioners are not regularized in the said cadre. First of all, the appointments of the petitioners to the original post shall have to comply with the conditions of rules and their services must be regularized in that particular cadre before effecting promotions. In the instant case, the petitioners were appointed as Work Inspectors, which are not sanctioned posts, and their services were not regularized in that particular post. Having regard to the facts and circumstances of the case, I am of the view that the petitioners have not made out any case to direct the respondents as sought for by them and the writ petition is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. _________________________ JUSTICE G.CHANDRAIAH Date: 15.12.2010 LSK