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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R RAGHUNANDAN RAO, T.C.D.SEKHAR
K.V.L.Narasimha Rao,, S/O. Late K. Seetarama Swamy – Appellant
Versus
M. Ganeshwara Rao, s/o. Nagoor – Respondent
ORDER :
R. Raghunandan Rao, J.
1. As the issues raised in all these Writ Petitions are common, they are being disposed of by way of this Common Order.
2. The primary dispute in these Writ Petitions is on the question of promotions to the post of Deputy Executive Engineer, under the Andhra Pradesh Roads and Buildings Engineering Service Rules, from the feeder categories of Assistant Executive Engineers, Assistant Engineers and Draughtsmen.
3. The Andhra Pradesh Roads & Buildings Engineering Service Rules, were brought into force, under G.O.Ms.No.103, dated 22.05.1996, on being published in the Andhra Pradesh Gazette, on 17.08.1996. Rule 2 of these Rules sets out the various categories of posts, falling within these Rules. Rule 3 provides for the method of appointment and appointing Authorities of these categories of posts. The relevant posts, for the purpose of these promotions are Deputy Executive Engineer, which is category (5) of Class A in Rule 2, Assistant Executive Engineer, which is category (6) in Clause A of Rule 2. Apart from this, the posts of Assistant Engineers, Draughtsman Special Grade and Draughtsman Grade I, under the Andhra Pradesh Roads & Buildings Engineering Subordi
The main legal point established in the judgment is that the promotion rules did not violate Articles 14 and 16 of the Constitution of India as the different cadres were not treated as equals, having....
Amendments to service regulations cannot be given retrospective effect if they infringe upon accrued rights; such actions are arbitrary and violate principles of natural justice.
Amended promotion rules' 45% quota for Junior Engineers with 7 years service contains no Diploma/Degree requirement; unqualified seniors eligible; DPC rejection on qualification grounds invalid.
The main legal point established in the judgment is that the requisition for promotion to the post of Assistant Engineer (Civil) was sent in compliance with the statutory rules, and the Rules, 1968 p....
Promotion eligibility must be based on fairness and non-arbitrariness, ensuring all eligible candidates are considered regardless of category.
Experience for promotion must be calculated from the vacancy year, not the actual promotion date, as per the relevant rules.
Appointment – Court cannot undo settled position after long lapse of time.
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