ORDER :

1. Heard Sri G.Vidya Sagar, Learned Senior Counsel appearing for Sri G.S.Prasen, Learned Counsel appearing for the petitioners in both the Writ Petitions and Learned Assistant Government Pleader for Services-II for respondent Nos.1 and 2, and Sri V.Jagapathi, Learned Counsel appearing for the unofficial respondents in both the writ petitions.

2. These two writ petitions are filed questioning the action of the official-respondents in granting seniority to the unofficial respondents in both the petitions and their notional promotion to the post of Assistant Executive Engineers w.e.f. 30.08.2008 and 18.10.2007 respectively as per the Telangana Irrigation Engineering Subordinate Service Rules, 2018 and they are not eligible to seek promotion to the post of Deputy Executive Engineers (DEE) against the quota earmarked for Assistant Engineers (AE). In view of the same both the writ petitions were heard together and being disposed of by way of common order.

3. The Learned Senior Counsel appearing for the petitioners submit that the petitioners are working as Assistant Executive Engineers in the Irrigation Department having been selected through Pubic Service Commission in the year 2007 and 2008 respectively. The unofficial respondents in both the petitions were initially appointed as Tracers in the Engineering Department and upon their request to the respondent No.2, they were appointed by transfer as Assistant Executive Engineers vide proceedings dated 24.09.2002 and 11.10.2001 respectively with a condition that they shall not claim the benefits of lower post and will not opt for reversion to the lower post and accepting the same the unofficial respondents in both the petitions joined in the said posts on 30.09.2002 and 18.10.2001 respectively and their probation in the said post were declared and since the unofficial respondents in both the petitions have completed five years of service in the cadre of Assistant Executive Engineer and their lien in the post of Assistant Engineer was terminated by that date.

4. The learned Senior Counsel appearing for the petitioners further submits that the unofficial respondents alleged to have made requests for promotion to the post of Deputy Executive Engineer against the Assistant Engineers’ quota by reverting them to the post of Assistant Executive Engineer and the said requests were rejected by the respondent No.2 in Memos dated 30.05.2017 and 03.12.2016 respectively. However, the respondent No.3 in W.P.No.46484 of 2022 did not take any steps, but the respondent No.3 in W.P.No.6 of 2023 filed W.P.No.8830 of 2017 and this Court disposed of the said writ petition on 15.03.2017, directed the respondent No.1 therein to consider the appeal dated 04.01.2017 and subsequently the appeal was rejected on 09.05.2017.

5. The learned Senior Counsel for the petitioners further submits that the Government notified and amended the Rules as “Telangana Irrigation Engineering Service Rules, 2018 (TIES Rules, 2018) in G.O.M.No.32, Irrigation and CAD (Services.I) Department dated 25.04.2018 and G.O.Ms.No.1 dated 25.01.2020 amending Rule-5 of the Rules Notified in G.O.Ms.No.32, dated 25.04.2018, according to which the Assistant Engineers with diploma qualification are also eligible for appointment by transfer to the post of Assistant Executive Engineers. Consequent on amendment of said Rules the unofficial respondents in both the petitions made their representations on 28.11.2010 and they also filed W.P.Nos.3991 of 2020 and 3990 of 2020 and this Court was pleased to dispose of the said writ petitions on 28.12.2020 directing the respondents therein to consider the representations submitted by the unofficial respondents dated 28.11.2020.

6. The learned Senior Counsel appearing for the petitioners further submit that the unofficial respondents made another representation on 07.01.2021 and 04.01.2021 respectively and in compliance to the orders of this Court, the respondent No.2 considered and rejected the requ