The court held that imposing additional seniority conditions on a fixed roster system for promotion, which effectively nullifies reserved promotional slots for specific feeder categories without a carry-forward mechanism, is arbitrary, discriminatory, and lacks a rational nexus to the service rules.

The Court made the following Common Order:

(per Hon’ble Sri Justice R. Raghunandan Rao)

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 Subordinate Services are also relevant.

4. The method of appointment, for Deputy Executive Engineer, which is the present controversy, reads as follows:

5. Dy. Executive Engineers

(i) By promotion from category (6)

(ii) By appointment by transfer of Asst. Engineers in A.P. Roads and Buildings Engineering Subordinate Service:

(iii) By appointment by transfer of D’Man Special Grade and D’Man Grade I from a combined seniority list with reference to the date of their appointment to the category of D’Man, Grade I.

5. Category (6) mentioned in Clause – 1 is the post of Assistant Executive Engineer. This post is filled up in the following manner:

6. Assistant Executive Engineers

(i) By direct recruitment;

(ii) By appointment by transfer of Asst. Engineer/D’Man, Spl. Grade/D’Man, Grade I who have acquired a degree in Civil Engineering or Mechanical Engineering from a combined seniority list with reference to the date of their appointment to the category of D’Man, Grade I.

6. The Assistant Engineers mentioned in Clause 2 of Rule 3 (5) are Assistant Engineers appointed, under the Andhra Pradesh Roads & Buildings Engineering Subordinate Services. The education qualification for the post of Assistant Engineer is a Diploma. They are appointed either by direct recruitment or by promotion from the lower categories of posts, in the Andhra Pradesh Roads & Buildings Engineering Subordinate Services. Similarly, the posts of Draughtsman Special Category and Draughtsman Grade 1 are the posts within the ambit of the Andhra Pradesh Roads & Buildings Engineering Subordinate Services. The post of Deputy Executive Engineer is filled either by way of promotion to the post of Assistant Executive Engineer; by promotion by way of transfer of Assistant Engineers under the Engineering Subordinate Service Rules or by transfer of Draughtsman Special Grade and Draughtsman Grade I, again from the Andhra Pradesh Roads & Buildings Engineering Subordinate Service.

7. As there are three feeder categories, to the post of Deputy Executive Engineer, a scheme was framed by way of the Service Rules, under G.O.Ms.No.103. This scheme was brought in by way of a Note. Under this Note, a 24-point roster was established. Under this roster, every 4th vacancy, except the 20th vacancy was reserved for Assis