S. B. SINHA, C. J.

( 1 ) IN these writ petitions the validity of g. O. Ms. No. 54, Irrigation (Ser. IV-2) department, dated 15-2-1983 has been questioned. . HISTORY:

( 2 ) THERE was single Engineering department in the State of Andhra Pradesh for executing various works in different fields. The Madras Engineering Service rules issued in G. O. Ms. No. 2690, dated 28-9-1953 were made applicable to the engineers of, Andhra State prior to formation of State of Andhra Pradesh. The said rules were followed even after the formation of Andhra Pradesh State.

( 3 ) THE Madras Engineering Subordinate service Rules issued in G. O. Ms. No. 2732 dated 30-9-1953 are followed in the State of andhra Pradesh with certain amendments from time to time. The post of Supervisor was included as Category 1 of Branch 1 to which the qualifications of Degree in engineering and also Diploma Engineering were prescribed. The Supervisors possessing degree qualification were called as Junior Engineers whereas others as supervisors, according to Rule 1. The pay of junior Engineer is more than that of supervisor.

( 4 ) ROADS and Buildings Department, panchayat Raj Engineering Department, public Health and Municipal Engineering departments were created with independent service rules in the year 1960. The nomenclature of the posts in the said department is Assistant Engineers (formerly known as Supervisors ). Assistant Executive engineers (formerly known as Junior engineers) and Deputy Executive Engineers (formerly known as Assistant Engineers ).

( 5 ) THE A. P. Engineering Service Rules, 1964 (sic. 1967) issued in G. O. Ms. No. 285 dated 22-2-1967 were framed by the governor in exercise of powers conferred by the proviso to Article 309 of the Constitution of India. According to the said G. O. , the engineering Service consisted of three branches, viz. , Public Works, Workshops and Stores and Horticulture. The post of assistant Engineer, which has been re- designated as Deputy Executive Engineer, is to be filled up by direct recruitment and also by recruitment by transfer from the category of Junior Engineers, Supervisors and draughtsmen, Special Grade Draughtsmen grade of A. P. Engineering Subordinate service. In case of direct recruits, they should possess B. E. Degree (Civil or mechanical) and in case of recruitment by transfer, the incumbents should possess B. E. degree (Civil or Mechanical) and service of not less than five years as Junior Engineer. Of the substantive vacancies of Assistant engineers, 37% of the posts shall be filled up by direct recruitment. In case of recruitment by transfer, out of every three vacancies successively arising in the posts of Assistant engineers, the first two shall be filled or reserved to be filled from among the Junior engineers specified under Group-A and the third vacancy shall be filled or reserved to be filled from among those specified under group-B as contained in the Table. Group-A consists of Junior Engineer of A. P. Engineering Subordinate Service and group-B consists of Supervisors, draughtsmen, Special Grade and draughtsmen 1st grade of A. P. Engineering subordinate Service.

( 6 ) BY amendment to G. O. Ms. No. 285 dated 22-2-1967, the cycle of vacancies, in case of recruitment by transfer, was raised to four by issuing G. O. Ms. No. 36 dated 12-1-1968. According to the said G. O. out of every four vacancies, three were to be filled by Junior Engineers and the fourth by supervisors and Draftsmen. The said classification was challenged in the Supreme court in Writ Petition No. 385 of 1969 and the Supreme Court by an order dated 3-5-1974 upheld the said rule.

( 7 ) THE Government by reason of g. O. Ms-No. 787 dated 9-6-1971 decided that the post of Junior Engineers to be filled in by graduate Engineers be constituted as a separate category distinct from Supervisors and the posts of Junior Engineers so separately categorized would be made gazetted. The posts in which the Junior engineers were to be posted have been

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