IMPORTANT POINT
Promotion decisions must adhere to established seniority lists to avoid arbitrary actions violating principles of natural justice.

ORDER :

K. Manmadha Rao, J.

This writ petition is filed under Article 226 of the Constitution of India for the following relief:

“….to issue a Writ Order Or Direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Deputy Executive Engineer ignoring the seniority of the petitioners many juniors were promoted on 4.6.2021 contrary to the existing seniority list dated 17.6.2019 issued by the 2ndrespondent in the absence of any disciplinary proceedings against the petitioner and did not considering the seniority of the petitioners is highly illegal, arbitrary and discriminatory in violation of principal of natural justice consequently direct the respondents herein to consider the candidature of the petitioners for promotion to the post of Deputy Executive Engineer in the 4 existing vacancies in the present promotional Committee meeting which scheduled to be held before 23.7.2021 in the interest of justice and pass….”

2. The grievance of the petitioners is that initially they were appointed as Assistant Executive Engineers, through employment exchange, and subsequently they were regularized vide G.O.Ms.No.16 T(R&B) (Ser.III) Department, dated 16.12.2002. Later, the 1st petitioner went on deputation to APTDC and worked as Dy. ?.?. vide proceedings dated 21.6.2019. Thereafter, repatriated to R&B Department as AEE and due for promotion to the post of Dy. E.E. and no charge memo is pending against him as on today. It is the main grievance of the petitioners that Seniority List was issued by the 2nd respondent in the category of AEEs as per the said list, both the petitioners are came the zone of consideration for promotion. Further, the petitioners’ juniors were considered for promotion as Dy. E.E by ignoring the seniority of the petitioners, as well as the existing seniority. Therefore the petitioners filed the present writ petition.

3. Counter affidavit has been filed by the respondents denying the allegations made in the petition. It is stated that the Government vide GO.Ms.No.82 T, R&B dated 25.2.2009 have issued an amendment to G.O.Ms.No.103 T, R&B Department, dated 22.5.1996, duly incorporating a proviso under Rule 3. Accordingly the panels for AEEs/AEs/D.Man fit for temporary promotion/appointment by transfer to the post of Dy.E.Es (R&B) Zone.I for the panel years 2010-2011 to 2012-2013 were approved. Subsequently, the Government in accordance with the judgments of APAT, have issued orders duly omitting the above provisos retrospectively with effect from 25.02.2009 vide G.O. Ms.No.67, TR&B dt.21.12.2018. As such, the earlier panels, which were approved while implementing the orders of impugned G.O. Ms. No.82 dated 25-02-2009 i.e., 2010-11, 2011-12 and 2012-13 in Zone.I are liable to be reviewed in terms of G.O. Ms No.67 dated 21.12.2018. It is further stated that, the panel years 2013-14 to 2020-21 were not conducted for the post of DEEs for want of amendments to the (R&B) Engineering Service Rules. Now, after issuance of amendments to (R&B) Engineering Service Rules vide G.O.Ms No.67 dated 21.12.2018, a necessity has arisen to review the panels for the years 2010-2011 to 2012-2013 and to conduct fresh panels of DEEs from 2013-14 to 2020-21 and accordingly, the Government was requested to issue permission for revision of earlier panels as well as for fresh panels. However, keeping in view of the time to be taken for getting requisite orders from the Govt., to the above extent and also keeping in view of the exigencies of services in the cadre of DEE in all Zones, the Government was requested to give necessary permission for placing certain AEEs / AEs and Draughtsman Grade-I employees in all Zones as in-charge DEEs, till receipt of requisite orders from the Government to the above effect. It is further stated that, the Government T(R&B) Dept, vide Memo No. RDBSOSERR (SER)/3/ 2021-SERVICES-RB, dated 20.04.202