APHC010356342022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21692/2022 Between: 1. DR. MAHAMOOD, S/O SRI ABDUL MALIK, AGED 53 YEARS, WORKING AS HEAD OF CE SECTION, GPW, PALAMANERU, CHITTOOR DISTRICT 2. DR. A. VEERABHADRA REDDY, S/O SRI A.N. VEERA REDDY AGED 57 YEARS, WORKING AS HEAD OF ECE SECTION, GOVERNMENT POLYTECHNIC PRODDATUR, KADAPA DISTRICT. 3. DR. SHAIK SAHIL BABU, S/O SRI SHAIK DASTIGIRI SAHEB, AGED 56 YEARS, WORKING AS HEAD OF ECE SECTION, GPT, ADDANKI, PRAKASAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SKILL DEVELOPMENT AND TRAINING DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE SPECIAL COMMISSIONER OF TECHNICAL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT. 3. M VIJAY KUMAR, S/O. NOT KNOWN, AGED ABOUT 53 YEARS, OCC. HEAD OF COMPUTER ENGINEERING SECTION, PRODDATUR, KADAPA DISTRICT. 4. DR M CHANDRA SEKHAR, S/O. NOT KNOWN AGED ABOUT 57 YEARS, OCC. HEAD OF THE MECHANICAL ENGINEERING DEPARTMENT (ON DEPUTATION), GOVERNMENT POLYTECHNIC COLLEGE, VISAKHAPATNAM. 2 5. I V S S SRINIVASA RAO, S/O. NOT KNOWN, AGED ABOUT 54 YEARS, OCC. HEAD OF THE MECHANICAL ENGINEERING DEPARTMENT GOVERNMENT POLYTECHNIC COLLEGE, VISAKHAPATNAM ...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 topleased to issue appropriate Writ, Order or Direction more particularly one in the nature of writ of Certiorari, calling for all connected records including the impugned the G.O.Ms.No.9, Skill Development and Training (TE) Department, dated 01.07.2022 wherein final seniority list of Heads of the Sections in Engineering and Non-Engineering Branches in Government Polytechnics for the panel year 2021-2022 as well as the Memo No. 256/TE.I/A2/2005-4 dated 27.06.2006 which has been issued contrary to Note-4 Rule 3 of Special Rules issued in G.O.Ms.No.178, Higher Education (T.E.12) Department, dated 09.12.2005 and also rule 33 of General Rules as illegal improper, unjust, arbitrary and contrary to rules and further direct the Respondents to re-draw the seniority list of Heads of the Sections from the promotion to the post of Principal from the date of the Petitioners regular appointment to the initial gazetted post i.e., Lecturer as per Note-4 Rule 3 of Special Rules issued in G.O.Ms.No.178, Higher Education (T.E.12) Department, dated 09.12.2005 by duly taking the APPSC ranking in the initial recruitment as Associate Lecturer now called as Lecturer by placing the names of the Petitioners at SI.No.80,18,16 in the seniority I,st of Heads of the Sections for the promotion to the post of Principaland to pass IA 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 pleased to dispense with the filing of the certified copy of the impugned the G.O.Ms.No. 9 of Skill Development and Training (TE) Department, dated 01.07.2022, in the interest of justice. IA NO: 2 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 please to suspend the operation of G.O.Ms.No.9, Skill Development and Training (TE) Department, dated 01.07.2022 by directing the respondents not to finalize the DPC conducted for the post of Principal of the Polytechnic Colleges disposal of the above writ petition in the interest of justice. Counsel for the Petitioner(S): 3 1. K RAGHU VEER Counsel for the Respondent(S): 1. GP FOR SERVICES II 2. The Court made the following: ORDER: Heard Sri K.G.Krishna Murthy, learned Senior Counsel representing Sri K.Raghu Veer, learned counsel for the petitioners and learned Government Pleader for Services – II. 2. The challenge in the writ petition is to the proceedings of the final seniority list of Heads ofSections in the Engineering and Non-Engineering Branches of Government Polytechnic Colleges for the panel year 2021-2022, and the Memo dated 27.06.2006, which, according to the petitioners, was issued in disregard of the provisions of G.O.Ms.No.178 dated 09.12.2005. The petitioners accordingly sought a direction from the respondents to re-draw the seniority list of Heads of Sections for promotion to the Post of Principal, considering the petitioners’ appointment to the Post of Lecturer as an appointment to a Gazetted Post. 3. The details of the appointment of the petitioners to the Post of Lecturer are as follows: Petitione r No. Name of the person Date of appointme nt Name of the Post 1. Dr.Mahamood 09.03.1995 Associate Lecturer in Civil Engineering Department. 4 2. Dr.A.VeerabhadraReddy 05.07.1990 Associate Lecturer in Electronic and Communication Engineering Department. 3. Dr. Shaik Sahil Babu 29.06.1990 Associate Lecturer in Electronic and Communication Engineering Department. 4. It is contended that the Government issued Memo dated 27.06.2006 stating that the Post of Associate Lecturer (now called as Lecturer) is not a Gazetted Post and the Lecturer Post existing prior redesigning them as Senior Lecturer vide G.O.Ms.No.4 dated 01.01.1998 shall be taken as initial Gazetted post for reckoning the seniority of the Heads of the sections for promoting them as Principals. It is further contended that the said Memodated 27.06.2006 is contrary to G.O.Ms.No.674 dated 20.10.1975, and G.O.Ms.No.948 dated 23.12.1982, wherein it was recognized that the Post of Associate Lecturer shall be the initial Gazetted Post. 5. It is contended that the Provisional Seniority List of Heads of Sections for the panel year 2021–2022, as on 01.09.2021, was prepared and communicated, calling for objections to be submitted on or before 12.01.2022. In pursuance thereof, the petitioner is stated to have filed objections before the 2nd respondent on 10.01.2022, requesting for a re-drawal of the seniority list by taking into consideration the date of regular appointment to the initial guest Post of Lecturer, in terms of Note 4 of Rule 3 of G.O.Ms.No.178, dated 09.12.2005. However, the final seniority list was prepared under G.O.Ms.No.9, dated 01.07.2022, placing the petitioner at Serial No.161,108,101 respectively. 5 It is further contended that under the guise of clarification through the impugned Memo, the department cannot take away the benefit provided under the Rules. The Note 4 in the Rules, 2005, should be strictly construed. The standard seniority list of Heads of Sections shall be based on their services reckoned from the date of regular appointment in the initial Gazetted Post, Lecturer. The learned Senior Counsel Sri K.G.Krishna Murthy contends that the seniority of a person should be determined in accordance with the date of his first appointment. He relies on the following decisions: i) the decision of the Hon’ble Apex Court in the case of R.Ranjith Singh and Others Vs. The State of Tamil Nadu and Others, ii) the decision of the Hon’ble Apex Court in the case of State of Andhra Pradesh Vs. Dr. N.Ramachandra Rao and Others andState of Andhra Pradesh Vs. M.Panduranga Raju and Others. 6. The respondents, in their counter affidavit, stated that the seniority of the Heads of Sections was prepared in accordance with Note 4 of Rule 3 of G.O.Ms No.178 dated 09.12.2005, as clarified by the Government vide Memo dated 27.06.2006. Promotions to the Post of Principals in Government Polytechnics were also made based on the same seniority list. It is further contended that the method of appointment and the appointing authority for several categories have been stated under Rule 3 of the New Rules of APTES, 2005. As per Note 4 to Rule 3 of the Rules, promotion to the Post of Principal in Government Polytechnics, a common seniority list of Heads of Sections in Polytechnics who have completed five (5) years of 6 service in the feeder category, i.e., Heads of Sections, shall be prepared. This common seniority list of Heads of Sections shall be based on their service, reckoned from the date of regular appointment to the initial Gazetted Post. As per the orders in O.A.No.8934/98, dated 16.02.2002, the post of Associate Lecturer (now Lecturer) was not recognised as a Gazetted Post. Therefore, the Lecturers who were posted before redesignation as Senior Lecturers vide G.O.Ms.No.4 dated 01.01.1998 shall be taken as the initial Gazetted Posts for reckoning the seniority of Heads of Sections for promoting them as Principals. The respondents further contend that the Memo dated 27.06.2006 is only a clarification of the Rules, 2005 and cannot be said that it overrides the provisions of the Rules, 2005. 7. It is further contended by the respondents that the petitioners had earlier filed W.P.No.11530 of 2021 before this Court, seeking a similar relief to direct the respondents to dispose of their representation dated 28.12.2020 and objections dated 26.05.2021, submitted against the provisional inter-se seniority list of Heads of Sections for the panel year 2020–2021. The said writ petition is still pending. 8. The respondents also contended that the petitioners were in service prior to the coming into force of the Andhra Pradesh Technical Education Service Rules, 2005 (APTES Rules, 2005), and they were granted promotions from time to time without even disputing the applicability or validity of the said statutory rules at the time of their promotion to the Post of Head of Section. 7 9. Considered the rival submissions. The notification issued by APPSC calling for applications for appointment to the Gazetted Post of Associate Lecturersin Government Polytechnics, recognizes the Post of Associate Lecturer as Gazetted Post. G.O.Ms.No.948 dated 23.12.1982 also clarifies that the Post of Associate Lecturer as Gazetted Post. It specifies that after a period of five (5) years the cadre of Assistant Lecturers stand abolished and there shall be only two cadres below the rank of Head of Section i.e., Associate Lecturer and Lecturer. It further clarified that the post of Associate Lecturer shall be the initial Gazetted Post. Note 4 of the Rules specifies that for the purpose of promotion to the Post of Principal in Government Polytechnics, a common seniority list of Heads of Sections in Polytechnicswho have completed five (5) years of service in the feeder category i.e., Head of Sections shall be prepared. This common seniority list of Heads of Sections shall be based on their service reckoned from the date of regular appointment to the initial Gazetted Post. Rule 33 (a) of Andhra Pradesh State Subordinate Service Rules, 1996, which is in tune with the Rules, 2005, provides that seniority of a person in a service, class, category or grade shall be determined by the date of his first appointment such service, class, category or grade. The learned Senior Counsel appearing for the petitioners relies on the decision of the erstwhile composite High Court of Andhra Pradesh in W.P.No.19459 of 2003 and batch wherein reference was made to the counter affidavit of the Department wherein it has been stated that the Post of 8 Associate Lecturer was made as initial Gazetted Post vide G.O.Ms.No.948 dated 23.12.1982. 10. Having regard to the same, the notification of APPSC calling for applications to the Post of Associate Lecturer recognizing the same as Gazetted Post and the G.O.Ms.No.948 dated 23.12.1982 and the G.O.Ms.No.178 dated 09.12.2005, the clarification issued vide Memo dated 27.06.2006 stating that Associate Lecturer was not recognized as initial Gazetted Post is misconceived and the same would not stand the test of law. 11. Having regard to the same, the respondents are directed to re-draw the seniority of list of Heads of the Sections for promotion to the Post of Principal from the date of petitioners’ regular appointment to the initial Gazetted Post i.e., Lecturer in terms of Note 4 to Rule 3 of Rules, 2005 issued vide G.O.Ms.No.178 dated 09.12.2005. Needless to mention that the entire exercise shall be completed within a period of six (6) months from the date of receipt of the order. 12. With the above directions, the writ petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:07.10.2025 ANI 9 774 THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.21692 of 2022 Date:07.10.2025 ANI