ORDER:

Heard Sri B.P.Raju, learned counsel for the petitioner and learned Assistant Government Pleader for Services-II for the respondent Nos.1 to 4.

2. This writ petition is filed questioning the action of the respondent Nos.1 to 4 in not promoting the petitioner as Work Inspector Grade-I on par with his juniors i.e., respondent Nos.5 to 7 and not paying monetary benefits from the date of regularization i.e., 01.12.1988 to 05.01.1997 as illegal and arbitrary.

3. Learned Counsel for the petitioner submits that the petitioner was appointed as N.M.R. Work Inspector in Mulgu Sub-Division in Roads and Buildings Department on 01.12.1983 and while working in Special Execution Division, Warangal, the respondent No.2-Executive Engineer had terminated the petitioner from service from 01.06.1985 without assigning any reasons. In pursuance of the Award dated 04.08.1994 passed in I.D.No.51 of 1992 on the file of the Labour Court, Warangal, the petitioner was reinstated into service as N.M.R. Work Inspector, but not granted back wages. The petitioner filed W.P.No.25248 of 1995 and the same was disposed of on 25.03.2003 by granting 50% back wages from the date of filing of I.D.No.51 of 1992 i.e., 24.03.1992 till the date of reinstatement. Thereafter, the petitioner was promoted as Inspector Grade-IV on 01.12.1988. He submits that as per G.O.Ms.No.226 dated 26.06.1980 and G.O.Ms.No.107 dated 07.02.1974, the petitioner is fully eligible and qualified to hold the post of Work Inspector Grade-III as he has passed I.T.I. Draftsman Civil before his appointment.

4. Learned counsel for the petitioner further submits that the petitioner filed O.A.No.3599 of 2004 for regularization/absorption as Work Inspector Grade-III and the same was disposed of on 13.07.2006 and his service was regularized as Work Inspector Grade-III as per G.O.Ms.No.143 Irrigation (Ser-V) Department dated 16.03.1984 notionally w.e.f. 01.12.1988 with monetary benefits. The petitioner is fully eligible to hold the post of Work Inspector Grade-I, but the respondent Nos.1 to 4 without considering his case for promotion to the post of Work Inspector Grade-I, promoted his juniors i.e., respondent Nos.5 to 7 as Assistant Engineer and Assistant Technical Officers, which is illegal and arbitrary and requested to allow the writ petition.

5. Learned Assistant Government Pleader for Services-II based on the counter submits that in view of the orders passed in O.A.No.3599 of 2004 dated 13.07.2006 and as per G.O.Rt.No.658 TR & B (Ser.III (1)) Department dated 09.06.2009, the services of the petitioner were regularized as Work Inspector Grade-IV under work charged establishment w.e.f 06.12.1997 vide S.E./R&B/Circle, Warangal Proc.No.910/E5/ES/2007/ 1865 dated 28.07.2009 and monetary benefits were granted w.e.f. 06.12.1997 i.e., the actual date of joining as Work Inspector Grade-IV though his services were regularized notionally w.e.f. 01.12.1998. Thereafter, he was promoted as Work Inspector Grade-III vide Proc.No.5055/E5/ES/2009-10/3518 dated 07.11.2009. As the petitioner is not having LCE qualification as required under G.O.Ms.No.226 I & P (Ser.V) Department dated 26.06.1980 though he is having three years of experience as Work Inspector Grade-III as on 30.11.2012, he is not eligible for the post of Work Inspector Grade-II itself and hence, the question of eligibility for the post of Work Inspector Grade-I does not arise.

6. Learned Assistant Government Pleader for Services-II further submits that the respondent Nos.5 and 6 were initially appointed as Work Inspectors Grade-IV under medical invalidation grounds and the respondent No.7 though initially appointed as NMR, absorbed as Cleaner and subsequently, appointed as Work Inspector Grade-IV. Later, based on their qualifications, the respondent Nos.5 to 7 were appointed by transfer as Tracer and DM Grade-III and also promoted as Assistant Engineers R & B. As the petitioner has not given consent for recruitment by trans