THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.3203 of 2021

ORDER:

Seeking to declare the impugned Speaking Orders vide Memo No.CMD/CGM (HRD)/GM(S)/AS(Estt.)/PO-A/143-A3/18-1, dated 16.12.2020, issued by respondent No.2 as illegal, arbitrary and contrary to Service Regulations 6 (a) and Annexure-III under Regulation 14 of APSEB Service Regulations Part-III, the present writ petition is filed.

2) Heard Sri V.Ravi Chandran, learned counsel for the petitioner, and learned Government Pleader for Services-II appearing for respondent No.1 and Sri G.Vidya Sagar, learned senior counsel, representing Smt.K.Udayasri, learned counsel for respondent Nos. 2 and 3.

3) Learned counsel for the petitioner has submitted that initially the petitioner was appointed as Helper in erstwhile Andhra Pradesh State Electricity Board (APSEB) on 21.07.1989 [now Telangana State Northern Power Distribution Company Limited (TSNPDCL)] and later he was promoted as Assistant Lineman and Lineman on 20.08.1994 and 28.06.1997 respectively. While working as Lineman, the petitioner had acquired Diploma in Part I and Part II of the Technician Engineers Examination in December, 1998, and a certificate dated 10.08.1999 was issued from the Institution of Mechanical Engineers (India). The said examination is recognized by the Department of Education in the Ministry of Human Resource Development of the Government of India at par with the Diploma in Mechanical Engineering as awarded by State Polytechnics vide Government Notification No.F.1-5/87/T.7/J.13, dated 11.07.1988, and as such the petitioner is entitled to use the abbreviated designation of Junior Engineer after his name. Based on the above certificate, petitioner was appointed by transfer as Sub-Engineer vide Memo No.SE.OP.KNR.ADM.D.No.17-2-2001 of respondent No.2 office and thereafter he was promoted as Additional Assistant Engineer (Civil) vide Proceedings NOO (CGM/HRD) Ms.No.48, dated 23.05.2005 and the petitioner joined as such on 09.06.2005. As the petitioner has been working for more than 13 years as Additional Assistant Engineer, he is entitled for further promotion to the post of Assistant Executive Engineer, as per seniority. Learned counsel has further submitted that after obtaining No-Objection certificate from the Divisional Electrical Engineer, Operation, Peddapally, vide Memo dated 21.12.2002, to acquire higher qualification through correspondence course, the petitioner has completed Degree in Mechanical Engineering branch, which is a prerequisite qualification to the post of Assistant Executive Engineer, and passed Sections A and B from the Institution of Mechanical Engineers (India) in December, 2004, and a provisional certificate dated 26.08.2005 was also issued to him. Further, while the petitioner was working as Additional Assistant Engineer, Nizamabad, the then Superintending Engineer (Operation), Nizamabad, vide proceedings dated 08.06.2007 has called for the genuineness of petitioner’s Degree certificate from the Controller of Examinations, Institution of Mechanical Engineers (India), Mumbai. In reply, the Council Member of the Institution of Mechanical Engineers (India), has sent letter dated 23.07.2007 declaring that the certificate produced by the petitioner is genuine. Hence, the certificate of the petitioner is valid for consideration for further promotion. Thereafter, in pursuance to the directions of this Court vide order dated 24-04-2008 in W.P. No.16355 of 2007, TRANSCO has issued Comprehensive Orders with regard to recognition of Diplomas/Degrees awarded by Universities/Deemed Universities/Institutions vide T.O.O.(Add.Secy-Per) Ms.No.134, dated 11.09.2008. It is further submitted that the TRANSACO has issued Amendment Orders to Service Regulations and qualifications required for appointment to the post of Assistant Divisional Engineer/Assistant Executive Engineer vide T.O.O.(Add.Secy-Per) Ms.No.494, dated 01.03.2011. As per the said Rules, ‘A pass in SECTIONS “A” and “B” in El