IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special OriginalJurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 30538 OF 2022 : Between: K. Nikhil Kumar Reddy, S/o K. Siva Reddy, Aged, 27 years. Office Subordinate, RWS & S Sub Division, Tadipatri, Ananthapuramu District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, RD Department, Secretariat, Velagapudi, Amaravathi Andhra Pradesh. 2. The Engineer-in-Chief, Rural Water Suppiy and Sanitation GHWJ + WW5, Goiiapudi, Vijayawada, Krishna Pradesh-521225. 3. The Superintending Engineer, RWS and S Circie, Ananthapuramu Ananthapuramu District, Andhra Pradesh. PR and Guntur District, Department, District, Andhra ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit fiied therewith, the High Court be pleased issue a writ, order may or a direction, more particularly one in nature of Writ of Mandamus declaring the impugned Memo. No. XPRR01- of the 1 18021/5/2019-ESTT-ll Dated 03-07-2019 St respondent, the consequential Memo. No PRR06- 28021{31)/34/2018-ACC SEC-ECRWS Dated 08-08-2019 of the 2 No. SAI/2108/APLGS/ Promotion/2018 respondent in rejecting the case of the petitioner for nd respondent and also the consequential Memo. Dated 29-01-2020 of the 3 rd appointment by transfer m- to the post of Assistant Executive Engineer/ Assistant Engineer without considering his qualification of B.Tech (Civil Engineering) and extending the same benefit given to the similarly situated persons and as illegal, arbitrary, discriminatory, irrational and violative of Article 14, 16 and 21 of the constitution of India and set aside the same and consequently direct the respondents to consider the case of the petitioner for appointment by transfer to the post of Assistant Executive Engineer/ Assistant Engineer basing on his qualification by extending the same benefit given to the similarly situated persons in G.O. Rt. No. 1051 IRRIGATION and CAD(Ser-l) DEPARTMENT Dated 23-06-2009, G.O. Rt. No. 115 HOUSING (HB-I) DEPARTMENT Dated 23-5-2011, G.O. Rt. No.326 TANSPORT, ROADS and BUILDINGS (SER.III.2) DEPARTMENT Dated 1-4-2010, G.O. Rt. No.2172 PANCHAYAT RAJ RURAL DEVELOPMENT (Estt.VA) DEPARTMENT Dated 4-12-2012, G.O. Rt. No.658 TANSPORT, ROADS and BUILDINGS (SER.III.2) DEPARTMENT Dated 28-06-2012, G.O. Rt. No.436 TANSPORT, ROADS and BUILDINGS (SER.III.2) DEPARTMENT Dated 27-04-2013, G.O. Rt. No.885 TANSPORT, ROADS and BUILDINGS (SER.III.2) DEPARTMENT Dated 12-09-2013, G.O. Rt. No.967 TANSPORT, ROADS and BUILDINGS (SER.III.2) DEPARTMENT Dated 18-10-2013, Rt. No.165 TANSPORT, ROADS and BUILDINGS (SER.III.2) DEPARTMENT Dated 03-02-2014, G.O. Rt. No.167 TANSPORT, ROADS and BUILDINGS (SER.III.2) DEPARTMENT Dated 04-02-2014, Memo No.228310/ Ser . III. 1/2016-1 Dated 03-05-2016 and G.O. RT. No. 417 WATER RESOURSES (SER.Ill) DEPARTMENT Dated 02-08-2017. G.O. lA NO: 1 OF 2022 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 suspend the impugned Memo. No. XPRR01-18021/5/2019- ESTT-II Dated 03-07-2019 of the 1"’* respondent, the consequential Memo: No.PRR06-28021(31)/34/2018-ACC SEC-ECRWS Dated 08-08- 2019 of the ^ 2 respondent and aJso the consequential Memo. No. SA1/2108/APLGS/ Promotion/2018 Dated 29-01-2020 of the the respondents to consider the respondent with a direction to case of the petitioner for appointment by transfer to the post of Assistant Executive Engineer/ Assistant Engineer basing on his qualification of B.Tech (Civil Engineering) as was considered case of similarly situated persons. in Counsel for the Petitioner: M/s. AVANIJA INUGANTI Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES The Court made the following: ORDER I APHC010498602022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 30538 of 2022 Between: K. Nikhil Kumar Reddy, ...Petitioner AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: TAvanija Inuganti Counsel for the Respondents: 1.GP for Services I The Court made the following order: ...Respondents Heard Ms. Avanija Inuganti, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I respondents. appearing for the 2. The writ petition is filed challenging the proceedings of the 1 respondent dated 03.07.2019, rejecting the request of the petitioner for appointment to the post of Assistant Executive Engineer/Assistan t Engineer in Andhra Pradesh Rural Water Supply and Sanitation Department. St 2 3. It is contended by the petitioner that he was appointed on 23.01.2016 in the office of the 2'"'^ respondent on compassionate grounds^, as an Office Subordinate. Subsequent to his appointment, the petitioner completed his graduation in Engineering on 06.06.2018. Upon attaining degree in Engineering, the petitioner submitted a representation to the authorities seeking appointment as an Assistant Executive Engineer, either by promotion or by transfer. However, the representation was rejected on the ground that Rules do not permit such a promotion by transfer. 4. Learned counsel for the petitioner submits that, in similar circumstances in other departments. Office Subordinates were considered for the post of Assistant Executive Engineer. Hence, prayed for the same consideration be extended to the petitioner in his case as well. 5. Learned Government Pleader for Services-I, appearing for the respondents, contends that the method of recruitment to the post of Assistant Executive Engineer is either by direct recruitment, by promotion, or by appointment by transfer from other Engineering Departments. And there is no provision to appoint an Assistant Executive Engineer by any other method than those prescribed under the relevant service rules. 6. A perusal of the relevant Rules of Rural Water Supply Engineering Service Rules, 2008, issued vide G.O.Ms.No.219. Panchayat Raj and Rural Development (Estt.lll), dated 11.06.2008, shows that the appointment to the post of Assistant Executive Engineer is: procedure for 3 1. By direct recruitment, ^ 2. By appointment by Transfer and transfer from Departments. other Engineering 7. In view of the above, the petitioner’s argument that attainment of educational qualification would be valid for Executive Engineer, is not sustainable. promotion to the post of Assistant 8. The petitioner refers to similar instances in other departments where promotions to the post of Assistant Executive Engineer However, were granted. a perusal of proceedings those cases shows that, such appointments were made only after the relevant service rules were relaxed thereafter necessary permissions were granted. Further, the petitioner's own representation would further reveal that his request was for promotion, without making any such request for relaxation of the applicable rules. 9. Having regard to the same, the respondents the petitioner's claim. However, the learned were justified in rejecting counsel for the petitioner has requested that liberty may be granted to the petitioner to submit a fresh representation seeking appointment of Assistant Executive relaxing the conditions prescribed for appointment to the Executive Engineer. Engineer by post of Assistant 10. Accordingly, this Court deems it fit to dispose of the writ petition granting liberty to the petitioner to approach the appropriate authorities with a representation for promotion to the post of Assistant Executive Engineer by 4 ■H relaxing the rules applicable for promotion. Upon submission of such a representation, the respondent authorities are directecHo consider the same in accordance with law and pass appropriate orders, after providing an r opportunity to the petitioner within a period of three months from the date of filing of the application. 11. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER " pi'derr' Pradesh, Secre.anat, Velagapudi, Amaravathi, Guntur District Pradesh. 2. The Engineer-i Andhra CHW / GHWJ ^ WW5. Gollapudi, Vijayawada Pradesh-521225. Department, ’ Krishna District, Andhra 3. The Superintehding Engineer Ananthapuramu District 4. One CC to M/s. Avanija Inuganti 5. Two CCs to GP for Services- 6. Three CD Copies. ’ S Circle, Ananthapuramu, Andhra Pradesh. , Advocate [OPUC] High Court of Andhra Pradesh. [OUT] ssb HIGH COURT DATEDrI 6/04/2025 ORDER WP.No.30538 of 2022 DISPOSING OF THE W.P. WITHOUT COSTS