APHC010361632026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 23rd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20181/2026 Between: 1. C.ESWAR, S/O C.KRISHNA, AGED ABOUT 32 YEARS, OCC FITTER, R/O D.NO.30/71B, REVENUE QUARTERS, NANDYAL, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522238 2. THE ENGINEER IN CHIEF, PUBLIC HEALTH AND MUNICIPAL DEPARTMENT, O/O GARUDA ENCLAVE, TADEPALLE, GUNTUR DISTRICT.-522501 3. THE SUPERINTENDING ENGINEER, PUBLIC HEALTH AND MUNICIPAL DEPARTMENT, O/O GULZARPET, ANANTHAPURAM, ANANTHAPUR DISTRICT-525001. 4. NANDYAL MUNICIPALITY, REP BY ITS COMMISSIONER, NANDYAL, KURNOOL DISTRICT.-518501 ...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 order or direction more particularly 2 one in the nature of writ of mandamus declaring the action of the Respondent authorities specifically the action of respondent no.2 in not considering the petitioners candidature for promotion as Municipal Assistant Engineer(Mechanical) as per se illegal, arbitrary, against the principles of natural justice and in violation of the fundamental rights guaranteed under Articles 14, 19 and 21 of the constitution of India and rules made there under And consequently direct the 2nd respondent to promote the petitioner for the post of Municipal Assistant Engineer in pursuance of the Rule 3(b)(ii) of the old Andhra Pradesh Municipal Engineering Service Rules, 1977 and the orders of this Honble court in WP No.3314 of 2021 and to pass IA NO: 1 OF 2026 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 direct the 2nd respondent to consider the petitioners representation dt.11-11-2021 and 24-01-2025in pursuance of the in pursuance of the Rule 3(b)(ii) of the old Andhra Pradesh Municipal Engineering Service Rules, 1977 and the orders of this Hon’ble court in WP No.3314 of 2021for promotion as Municipal Assistant Engineer pending disposal of the writ petition and to pass Counsel for the Petitioner: 1. V NITESH Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.20181 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent-Authorities in not considering the case of the Petitioner for promotion to the post of Municipal Assistant Engineer (Mechanical), as illegal and arbitrary. 2. The Petitioner was appointed as Fitter in Nandyal Municipality on compassionate grounds in the year-2018 and his service was regularized vide Roc.No.648/2020/E1, dated 11.11.2020 issued by the Commissioner, Nandyal Municipality. As the Petitioner is having a Diploma in Mechanical Engineering, he submitted a representation, dated 11.11.2021 to consider his case for promotion to the post of Municipal Assistant Engineer (Mechanical). 3. In support of his contention, reliance was also placed on the Judgment of this Court in W.P.No.3314 of 2021, dated 30.03.2022, where-under, a fitter was considered for promotion to the post of Municipal Assistant Engineer. As the Petitioner's case was not being considered for promotion to the post of Municipal Assistant Engineer (Mechanical), despite the submission of representations, the present Writ Petition was filed. 4 4. Learned Assistant Government Pleader submitted that there was an amendment to the recruitment rules vide G.O.Ms.No.08 (Municipal Administration and Urban Development (C2) Department), dated 20.01.2025, where-under the Andhra Pradesh Municipal Engineering Services Rules, 1977, were amended, and the Petitioner does not fall within the Fitter category for promotion to the post of Municipal Assistant Engineer (Mechanical). Therefore, his case is not considered. 5. Heard the counsels. 6. The Rule No.3 of the Andhra Pradesh Municipal Engineering Service Rules, 1977 reads as under:- Rule - 3. Recruitment.— "Recruitment to the several categories in this service shall be made as follows:- (a) …………………………………………………………………………... (b) Municipal Assistant Engineers: (i) By Direct recruitment (ii) By recruitment by transfer from among Draughtsman, Electricians, Public Works Maistries or such other categories of technical staff working in any Municipality or Corporation and who are LCE/LEE/ LME/or LAE holders of recognised institutions or an equivalent diploma or certificate of any other recognised institution and who are approved probationers in the category from which they are recruited. Note 1:- The ratio for direct recruitment and recruitment by transfer for the category of Assistant Engineers shall be 1:1 if qualified and suitable candidates for appointment are available. 5 7. Under the above rule, the post of Municipal Assistant Engineer could be filled up by transfer from among Draughtsman, Electricians, Public Works Maistries or such other categories of technical staff working in any Municipality or Corporation. 8. The aforesaid rule was amended vide G.O.Ms.No.08 (Municipal Administration and Urban Development (C2) Department), dated 20.01.2025, where-under, the appointment by transfer will be from the categories of Technical Work Inspectors/Draughtsman/Public Works Maistry, who are working in various Municipalities and Corporations with a minimum service of 5 years with Graduation in Civil Engineering or 8 years with Diploma in Civil Engineering only, and the amended rule reads as under:- (i) By Direct Recruitment (ii) Municipal Assistant Engineer (MAE) (Civil): By appointment by transfer from the categories of Technical Work Inspectors /Draughtsman/Public Works Maistry working in various Municipalities and Corporations with a minimum service of 5 years with Graduation in Civil Engineering or 8 years with Diploma in Civil Engineering only, after acquiring eligible relevant qualification prescribed in Rule 7. (iii) Municipal Assistant Engineer (MAE) (Electrical): Appointment by transfer from the category of Electrician, working in Municipalities / Municipal Corporations with a minimum service of 5 years with Graduation in Electrical Engineering or 8 years with Diploma in Electrical Engineering only, after acquiring eligible relevant qualification prescribed in Rule 7. Note:- Vacancies in the cadre of Municipal Assistant Engineers shall be filled in the ratio of 4:1 for direct recruitment and for appointment by transfer respectively. 6 9. The Petitioner is not coming under the amended categories of posts mentioned in G.O.Ms.No.08 (Municipal Administration and Urban Development (C2) Department), dated 20.01.2025 nor does he have educational qualification specified under the said amendment. The second contention of the Petitioner that the vacancies arose prior to the amendment to the Andhra Pradesh Municipal Engineering Service Rules, 1977 and therefore, vacancies should be filled up as per the rules in vogue cannot be sustained in the light of the Judgment of the Hon’ble Supreme Court in State of Himachal Pradesh & Ors. v. Raj Kumar & Ors 1 . Therefore, the claim of the Petitioner cannot be sustained and consequently, the Writ Petition is dismissed. No order as to costs. 10. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 23.07.2026 chs 1 2022 SCC OnLine SC 680 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 109 WRIT PETITION No.20181 of 2026 Dated: 23.07.2026 chs