APHC010150492026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 7975/2026 Between: 1. BHUMIREDDY PRASHANTH, S/O BHUMIREDDY SUDHAKAR AGED 32 ASSISTANT TECHNICAL OFFICER, R/O, FLAT NO. 105, BASARA EAST APRTMENTS, NEAR MONTESSORI HIGH SCHOOL, ADITYA NAGAR, A-CAMP, KURNOOL-518001. 2. MUNDURU RAMA KRISHNA, S/O LAKSHMAIAH AGE 33 YEARS JUNIOR TECHNICAL OFFICER R/O D.NO, 2-64/A, BURUGAGUDEM, REDDYGUDEM MANDAL, JAGANNADHAPURAM, KRISHNA DISTRICT, A.P 521215. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, L AND CAD DEPT, WATER RESOURCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT- 522238. 2. THE ENGINEER IN CHIEF, WATER RESOURCE DEPT., 4TH FLOOR, JALASOUDA, IRRIGATION COMPOUND, GOVERNORPET, VIJAYAWADA-520002. ...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 to issue a writ or direction more particularly one in the nature of Writ of Mandamus direction to declare the inaction of the respondents in not considering our representations dated 05-01- 2026 for promotions by transfer to the post of Assistant Executive engineer as per Andhra Pradesh Irrigation engineering Service Rules vide G.O Ms 32 dated 12-04-2010 as being illegal 2 and arbitrary and as being violative of the Provisions of The Constitution of India particularly article 14, 16 and 21and pass Counsel for the Petitioner(S): 1. V K NAIDU Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following ORDER: This Writ Petition under Article 226 of the Constitution of India is filed seeking the following main prayer: <……..declare the inaction of the respondents in not considering our representations dated 05-01-2026 for promotions by transfer to the post of Assistant Executive engineer as per Andhra Pradesh Irrigation engineering Service Rules vide G.O.Ms.No.32 dated 12- 04-2010 as being illegal and arbitrary and as being violative of the Provisions of The Constitution of India particularly article 14, 16 and 21 and pass…….= 2. Heard Sri V.K. Naidu, learned counsel for the petitioners and learned Assistant Government Pleader for Services-II. With the consent of both counsel, the writ petition is being disposed of at the stage of admission. 3. Learned counsel for the petitioners, referring to the affidavit filed in support of the writ petition, submits that the petitioner was appointed as Junior Assistant in the year 2018 and subsequently he was promoted as Assistant Technical Officer in the year 2014. He submits that the petitioner is presently working in the office of the Executive Engineer, SRDC Division No.2, Panyam, Kurnool District. 4. Learned counsel submits that similarly, the 2nd petitioner was also appointed as Printing Technician in the year 2018 on compassionate grounds 3 and thereafter, he was promoted to the post of Technical Assistant in the year 2022. He submits that the 2nd petitioner is currently working in the Project Division No.1, Pulichinthal Project Circle, Vissannapet. 5. While making the said submissions, learned counsel for the petitioners submits that both the petitioners have the prerequisite qualifications of Engineering degrees and working in the zone of consideration for the post of Assistant Executive Engineer for the panel years 2024-2025 and 2025-2026. He submits that despite having the requisite candidature, their case is not being considered for their coming under the parameters of Rule 3 Clause 6 (ii) of A.P. Irrigation Engineering Service Rules, 2010. He further submits that on the said action, the petitioners also made representations dated 05.01.2026 and 26.02.2026 and the same were not been redressed by the respondent authorities. Learned counsel submits that the petitioners, having left with no other alternative remedy, approached this Court for appropriate directions. 6. On the other hand, learned Assistant Government Pleader for Services- II, submits that the respondent authority, after due consideration by following the procedure in vogue only, the petitioners were shortlisted in the panel for the years 2024-2025 and 2025-2026. He has also not disputed the representations dated 05.01.2026 and 26.02.2026 made by the petitioners, along with similar persons, to the 2nd respondent. 7. Be that as it may, undisputedly, the respondent authorities are governed by the A.P. Irrigation Engineering Service Rules, 2010, whereunder, Rule 3 Clause 6 (ii) deals with the method of appointment of Assistant Engineers and 4 Assistant Technical Officer/Junior Technical Officer. The relevant portion of the said Rule is extracted hereunder:- <3. METHOD OF APPOINTMENT: Subject to the other provisions in these rules, the method of appointment for the several categories shall be as specified in the table below: 6. Assistant Executive Engineer (i)…………… (ii) By appointment by transfer of Assistant Engineers and Assistant Technical Officer / Junior Technical Officer with reference to the combined seniority based on the date of appointment as Junior Technical Officer and Technical Assistant of Andhra Pradesh Engineering Subordinate Service Rules. (iii)………….= 8. Considering the submissions made by both the counsel and in view of the above stated clear provision, this Court is inclined to dispose of the writ petition with a direction to the 2nd respondent to consider the representations dated 05.01.2026 and 26.02.2026 made by the petitioners, strictly, in terms of Rule 3 Clause 6 (ii) of the A.P. Irrigation Engineering Service Rules and other statutory provisions in vogue, within a period of eight (8) weeks, from the date of receipt of copy of this Order and communicate the same to the petitioners. 9. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, in this writ petition shall stand closed. ______________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 24.03.2026 GVK 5 124 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.7975 of 2026 Date: 24.03.2026 GVK