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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
[3529]
WEDNESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
WRIT PETITION Nos: 4493 of 2016, 38747 of 2015, 14864 of 2017 & 3629 of 2021
WRIT PETITION NO: 4493 of 2016
Between:
1. K.V.L.NARASIMHA RAO,, S/O. LATE K.SEETARAMA SWAMY
AGE:52 YEARS, ASST.EXECUTIVE ENGINEER(R&B), SECTION II S.KOTA-II, SUB-DIVISION, VIZIANAGARAM-535145.
2. P.SRINIVASA RAO,, SRI P.B.KALIDAS AGE:52 YEARS,
ASST.EXECUTIVE ENGINEER(R&B) SPECIAL SECTION-I,
SPECIAL SUB-DIVISION SRIKAKULAM-532001.
3. RSN MURTHY,, S/O. SRI R.SATYAMURTHY AGE: 55YEARS,
ASST.EXECUTIVE ENGINEER(R&B) NARSIPATNAM SECTION,
VISAKHAPATNAM DIST.
4. K.S.PRABHU,, S/O. LATE K.DHRAMA RAO, AGE:48 YEARS,
ASST. EXECUTIVE ENGINEER(R&B) VISAKHAPATNAM
SECTION, VISAKHAPATNAM SUB-DIVISION VISAKHAPATNAM
DIST.
5. N.NARASIMHA MURTHY,, S/O. SRI N.PAVANA MURTHY AGE:48
YEARS, ASST.EXECUTIVE ENGINEER(R&B) CHODAVARAM
SECTION, CHODAVARAM VISAKHAPATNAM DIST.
6. D.APPA RAO,, S/O. LATE D.NARAYANA MURTHY AGE:55
YEARS, ASST.EXECUTIVE ENGINEER(R&B) BUILDINGS SUB
DIVISION, VISAKHAPATNAM VISAKHAPATNAM DIST.
7. CH.V.K.LAKSHMI KOWSALYA,, D/O. CH.VENKATESHWAR RAO,
AGE:45 YEARS, DEPUTY EXECUTIVE ENGINEER (R&B),
DIVISION-III, D&P WING, 0/O. ENGINEER-IN-CHIEF (R&B),
ERRUMMANZIL, HYDERABAD.
8. S.VENUGOPALA RAO,, S/O.VAMANA RAO, AGE:50 YEARS,
DEPUTY EXECUTIVE ENGINEER (R&B), NARSIPATNAM,
VISAKHAPATNAM DISTRICT.
9. T.SRINIVAS RAO,, S/O.SANYASI RAO, AGE:49 YEARS, DEPUTY
EXECUTIVE ENGINEER (R&B), 0/O.RIMS, BALAGA,
SRIKAKULAM.
...PETITIONER(S)
AND
1. M GANESHWARA RAO, S/O. NAGOOR, AGE: 41 YEARS, A.E.
R&B, MOGALTUR, SC, WEST GODAVARI DIST. R/O.5-2A;
PEDAPETA, VEERAVASARAN MANDAL, WEST GODAVARI
DISTRICT
2. K RAMASWAMY, S/O.SUNDER RAO, AGE: 39 YEARS, A.E.,
R&B, RUDRAPAKA, KRISHNA DISTRICT, R/O.H.NO.10-69,
RAVINDRA NAGAR, KRISHNA DISTRICT.
3. B V RAMANAYYA, S/O. B.SUNDARAIAH, AGE:47 YEARS, A.E.,
R&B, O/O DEPUTY EXECUTIVE ENGINEER, Q.C.SUB
DIVISION NELLORE, SPSR NELLORE DISTRICT.
4. K V RANGAIAH, PITCHAIAH, AGE:46, A.E., R&B, 0/O DEPUTY
EXECUTIVE ENGINEER, SUB DIVISION GIDDALURU,
PRAKASHAM DISTRICT.
5. AMANULLA SAHEB, S/O. ZILANI BASHA, AGE:39 YEARS, A.E,
R&B, O/O DEPUTY EXECUTIVE ENGINEER, SUB DIVISION
ATMAKUR, SPSR NELLORE DISTRICT.
6. P V BHASKAR RAO, S/O. DAMODAR RAO, AGE:47 YEARS,
A.E., R&B, 0/0 D.E.E., SUB DIVISION KANKIPADU,
VIJAYAWADA, KRISHNA DISTRICT.
7. J SESHU BABU, S/O.J.SUBBA RAO, AGE:46 YEARS, A.E.,
R&B, O/O. CHIEF ENGINEER, R&B & MDAPRDC, HYDERABAD
8. GOVERNMENT OF ANDHRA PRADESH, REP., BY ITS
PRINCIPLE SECRETARY, ROADS AND BUILDINGS
DEPARTMENT, SECRETARIAT, HYDERABAD.
9. N SEKHAR, S/O.N.VENKATASWAMY, AGE: 47 YEARS,
WORKING AS A.E.E. O/O.ENC (R&B) NH & ADMN.,
ERRAMANZIL, HYDERABAD, R/O.F.NO.509, SAIRAM SRINIDHI
GARDENS, SANGEETH NAGAR, KUKATPALLY, HYDERABAD.
10. P MEERA ANUSHA, D/O.P.ESWARA RAO, AGE 41 YEARS,
WORKING AS A.E.E. 0/O.ENC, NH & ADMN., ERRAMANZIL,
HYDERABAD, R/O.H.NO.8-7-113/10, NAGIREDDY COLONY,
R.R.NAGAR, OLD BOWENPALLY, SECUNDERABAD
11. A RAMAN KUMAR, S/O.A.KUMARASWAMY, AGE 45 YEARS,
WORKING AS A.E.E. O/O.ENC (R&B) CITY ROAD DIVSN,
ERRAMANZIL, HYDERABAD. R/O.F.NO.F2, JAGINI ENCLAVE,
MATHA LAKSHMI NAGAR, GADDIANNARAM,
DILSUKHNAGAR, HYDERABAD.
12. U NARSIMULU, S/O.U.NARASAPPA, AGE 45 YEARS,
WORKING AS A.E.E. O/O.ENC (R&B) NARASAPUR SECTION,
SANGA REDDY DIVISION, ERRAMANZIL, HYD. R/O.F.NO.201,
POOJA RESIDENCY, S.R.NAGAR, HYDERABAD.
13. I V PRIYAKUMAR, S/O.I.SREENIVASULU, AGED: 44 YEARS,
WORKING AS A.E.E., O/O.ENC (R&B), ERRAMANZIL,
HYDERABAD. R/O.F.NO.204, ANAND VILLA, 6-3-609/107,
ANAND NAGAR, KHAIRATABAD, HYDERABAD.
14. THE STATE OF TELANGANA, REP., BY ITS PRINCIPLE
SECRETARY, TRANSPORT, ROADS AND BUILDINGS
DEPARTMENT, SECRETARIAT, HYDERABAD.
15. THE ENGINEERINCHIEF, GOVERNMENT OF ANDHRA
PRADESH ROADS AND BUILDINGS DEPARTMENT, EN UMMANZIL, HYDERABAD.
16. THE ENGINEERINCHIEF, GOVERNMENT OF TELANGANA,
ROADS AND BUILDINGS DEPARTMENT, ERRUMMANZIL, HYDERABAD.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Certiorari calling for the records relating to O.A.No:6756/2009 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad and quash the orders dt.17.8.2015 in 0.A.No.6756/2009
IA NO: 1 OF 2016(WPMP 2837 OF 2016
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to the petitioners herein to file the above writ petition challenging the orders dt.17.8.2015 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No.6756/2009
IA NO: 2 OF 2016(WPMP 2838 OF 2016
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with the filing of Certified copy of the orders dt.17.8.2015 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No.6756/2009
IA NO: 3 OF 2016(WPMP 2839 OF 2016
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioners to implead the State of Telangana, Engineer-in-Chief, Government of Andhra Pradesh and Engineer-in Chief, Government of Telangana as respondent No.14, 15 & 16 in the above writ petition
IA NO: 7 OF 2016(WPMP 5753 OF 2016
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in pursuance of Circular Memo No.3939/Ser-I(3)/2015, dt.19-12-2015 by suspending the impugned order dt.17.8.2015 in OA No.6756/2009 by the Andhra Pradesh Administrative Tribunal, Hyderabad, pending disposal of the above writ petition
IA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to receive the Government Order and Proceedings annexed to this IA as a documents in WP No. 4493/2016 and pass
Counsel for the Petitioner(S):
1.SODUM ANVESHA
Counsel for the Respondent(S):
1.K RAMAMOHAN
2.ADDL ADVOCATE GENERAL II
3.J SUDHEER
4.P BALA KRISHNA MURTHY
Date of Reserve :16.03.2026
Date of Pronouncement :01.04.2026
Date of Upload :01.04.2026
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 ofpromotions 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 Assistant Engineers from the Subordinate Services. The 20th vacancy was reserved for the Draughtsmen falling in Class 3, of entry No. 5, in the table, in Rule 3. All other vacancies are filled by Assistant Executive Engineers falling within Class 1, of entry 5, in the table, in Rule 3.
8. Initially, the categories of Assistant Executive Engineers, Assistant Engineers and Draughtsman were taken as three silos, whereunder persons falling, under these categori
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