IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION NO : 7559 of 2008 Between: 1 The Govt. Of A.P(irrigation) Rep.by its Irrigation Dept Secretariat Hyd. 2 The Engineer In Chief(IW) I&CAD Errumanzil,Hyd 3 The Superintending Engineer Irrigation Circle Bobbili Vizinagaram Dist 4 The Executive Engineer M.R.P Madduvalasa Reservoir Project Division Rajam Srikakulam Dist ..... PETITIONER(S) AND Reddy Papi Naidu, Grade IV, Works Inspector, M.R.P (Madduvalasa Reservoir Project) Sub Division No.II, Madduvalasa Vangara(M) Srikakulam Dist .....RESPONDENT 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 particularly one in the nature of writ of Certiorari calling for the records relating to orders of the Hon'ble A.P. Administrative Tribunal, Hyderabad passed in O.A No.3138/2004 dt.29-01- 2008 being erroneous illegal and unreasonable and quash the same and pass such other orders. Counsel for the Petitioner: GP FOR SERVICES II Counsel for the Respondent.: Mr. L.Balakrishna Rao The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION NO : 7559 of 2008 Order: (Per Smt. T. Meena Kumari,J) The Department filed the present writ petition aggrieved by the order of the A.P. Administrative Tribunal, Hyderabad in O.A. No. 3138 of 2004, dated 29.1.2008. The facts in brief are that the respondent herein filed O.A. No. 3138 of 2004 before the Tribunal seeking a direction to the respondents to continue him as Works Inspector Grade-II with retrospective effect, i.e. from 4.3.1996 and to pay all attendant benefits, by declaring the proceedings No. 27311/Ex.A1/E-15, dated 4.3.96 issued by the 3rd petitioner through which the applicant has been reverted from the post of Works Inspector Grade-II to Works Inspector, Grade IV and the Memo No. W/EE2/P&M/71855/95, dated 11.11.96 issued by the 2nd petitioner whereunder the 2nd respondent confirmed the order of the 3rd respondent. The Tribunal, by the order impugned in this writ petition, allowed the O.A. Hence, the department filed the present writ petition. Learned Government Pleader for Services-II would contend that the 1st respondent was not having the requisite qualifications to hold the post of Works Inspector and hence the very appointment of the 1st respondent as Works Inspector was not in order. He further submitted that the relaxation granted vide G.O. Ms. No.370, dated 4.8.1994 in respect of Works Inspectors who were categorised in terms of G.O. Ms. No.107, dated 7.2.1974 was misused in respect of this respondent and hence the Tribunal was not justified in allowing the O.A. He, therefore, prayed that the writ petition be allowed and the impugned order of the Tribunal be set aside. Heard the learned Government Pleader and perused the impugned order. There is no dispute about the fact that the respondent joined the department as a Man Mazdoor and thereafter he was appointed as Works Inspector Grade IV by the then Superintending Engineer, YRP Circle, Visakhapatnam through proceedings dated 29.9.1980. It is seen from the record that subsequently, the respondent was also promoted as Works Inspector Grade –III and thereafter as Works Inspector Grade–II and he worked as such till 1996. However, through the impugned order, dated 4.3.1996, the Superintending Engineer, I&CAD, Irrigation Circle, Bobbili, reverted the petitioner to the category of Works Inspector Grade IV on the ground that he did not possess the requisite qualification of LME as per G.O. Ms. No. 226, dated 26.6.1980. On a perusal of the aforesaid G.O., it is quite clear that the persons who were sought to be appointed as Works Inspector must have three years experience as Works Inspector Grade-IV besides I.T.I. certificate or its equivalent qualification. Though the respondent did not possess the qualification of I.T.I., he was promoted as Works Inspector Grade-III and thereafter as Works Inspector Grade-II and the admitted position that he had been working as such for a considerable time. However, the Department having realized that the respondent has been wrongly promoted as Works Inspector Grade-III and II, issued the impugned order of reversion on 4.3.1996 nearly after a period of eight and half years. The Tribunal taking into consideration the fact that no show cause notice was issued to the respondent before the impugned order of reversion was passed and considering the fact that the respondent has put in more than ten years of service in the post of Works Inspector, while relying on the judgments of the Supreme Court in GUJARAT AGRICULTURAL UNIVERSITY vs. RATHOD LABHU BECHAR AND OTHERS ([1]) and M. BUCHA REDDY vs. BHAGYAMMA AND OTHERS ([2]), allowed the said O.A. while setting aside the order of reversion. In the circumstances, we do not find any illegality or irregularity in the order of the Tribunal warranting interference. The writ petition fails and it is accordingly dismissed. No costs. ___________________ T.MEENA KUMARI,J Date: 8th April, 2008 __________________ P.S. NARAYANA,J pnb TWO C.D. COPIES [1] 2001 AIR SCW 351 [2] (1999) (6) ALD 58