WP/2132/2026 of T RAMA RAJU Vs THE STATE OF ANDHRA PRADESH on 9 February 2026

1. T RAMA RAJU, S/O T. GURRAPPA, AGED 55 YEARS, DEPUTY EXECUTIVE ENGINEER (R AND B), VISAKHAPATNAM, R/O FLAT NO.502, SRI RAMA RAJYAM APARTMENT, EAST POINT COLONY, VISAKHAPATNAM.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,

TRANSPORT, ROADS AND BUILDINGS DEPARTMENT,

SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI.

2. THE ENGINEERINCHIEF R AND B ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT.

3. THE SUPERINTENDING ENGINEER, ROADS AND BUILDINGS, ELECTRICAL CIRCLE VIJAYAWADA, KRISHNA DISTRICT.

...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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not considering the validated B.Tech. Electrical Engineering degree of the petitioner for the purpose of appointment by transfer/conversion DR,J

to the post of Assistant Executive Engineer (Electrical) from the cadre of Assistant Engineer (Electrical) in terms of Note-3 of the AP Roads and Buildings Engineering Service Rules as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India, and consequently directing the respondents to consider the case of the petitioner for notional appointment by transfer/conversion to the post of Assistant Executive Engineer (Electrical) in terms of Note-3 of the AP Roads and Buildings Engineering Service Rules, by fixing his seniority notionally with effect from the date of acquiring the requisite qualification and in the cadre of Deputy Executive Engineer (Electrical), with all consequential service benefits, and 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 respondents to consider the representation dated 15.10.2025 and consequently direct the respondents to consider the case of the petitioner for appointment by transfer/conversion to the post of Assistant Executive Engineer (Electrical) in terms of Note-3 of the AP Roads & Buildings Engineering Service Rules, by granting notional seniority from the date of acquiring the requisite qualification, without disturbing existing promotions, pending disposal of this writ petition and pass Counsel for the Petitioner:

1. MANOJ KUMAR BETHAPUDI Counsel for the Respondent(S):

1. GP FOR SERVICES II

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The Court made the following Order:

The writ petition is filed to declare the action of the respondents in not considering the validated B.Tech Electrical Engineering degree of the petitioner for the purpose of appointment by transfer/conversion to the post of Assistant Executive Engineer (Electrical) from the cadre of Assistant Engineer (Electrical) in terms of Note-3 of the A.P. Roads & Buildings Engineering Service Rules as illegal, arbitrary and for consequential directions.

2. Heard Mr. M Vijaya Kumar, learned Senior Counsel representing the petitioner and the learned Government Pleader for Services-II.

3. The contention of the petitioner is that the petitioner was initially appointed as Assistant Engineer, Roads and Buildings (Electrical) on 07.11.1992 through Direct Recruitment by possessing the qualification of Diploma in Electrical Engineering. Thereafter, he was promoted to the post of Deputy Executive Engineer in the year 2008 and his name is placed in the seniority list of Assistant Executive Engineers.

4. After acquiring the requisite qualification of B.Tech in Electrical Engineer through Distance Education mode, the petitioner made a representation seeking consideration of his seniority as Assistant Executive Engineer from the date of acquiring the qualification i.e., B.Tech Degree in Electrical Engineering. As per the Note-3 of A.P. Roads and Buildings Engineer Service Rules, the prescribed qualification for appointment to the post of Assistant Executive Engineer is B.Tech in Electrical Engineering.

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Though the petitioner made several requests, the respondents have not passed any orders by validating the petitioner’s B.Tech Degree in Electrical Engineer from the date of acquiring of the qualification.

5. In fact, the issue with regard to validation of the decree, the Hon’ble Apex Court in Civil Appeal Nos.17869 – 17870 of 2017 held as under: “46. …We, therefore, deem it appropriate to grant some chance to the concerned students to have their ability tested by authorities competent in that behalf. We, therefore, direct that all the degrees in Engineering granted to students who were enrolled during the academic years 2001 to 2005 shall stand suspended till they pass such examination under the joint supervision of AICTE-UGC in the manner indicated hereinafter. Further, every single advantage on the basis of that degree shall also stand suspended.

47. The AICTE is directed to devise within one month from the date of this judgment modalities to conduct appropriate test/tests both in written examination as well as in practicals for the concerned students admitted during the academic sessions 2001- 2005 covering all the concerned subjects. It is entirely left to the discretion of AICTE to come out with such modalities as it may think appropriate and the tests in that behalf shall be conducted in the National Institutes of Technology in respective States wherever the students are located. The choice may be given to the students to appear at the examination which ideally should be conducted during May-June, 2018 or on such dates as AICTE may determine. Not more than two chances be given to the concerned students and if they do not pass the test/tests their DR,J

degrees shall stand recalled and cancelled. If a particular student does not wish to appear in the test/tests, the entire money deposited by such student towards tuition and other charges shall be refunded to that student by the concerned Deemed to be University within a month of the exercise of such option. The students be given time till 15th of January, 2018 to exercise such option. The entire expenditure for conducting the test/tests in respect of students who wish to undergo test/tests shall be recovered from the concerned Deemed to be Universities by 31.03.2018. If they clear the test/tests within the stipulated time, all the advantages or benefits shall be restored to the concerned candidates. We make it clear at the cost of repetition that if the concerned candidates do not clear the test/tests within the time stipulated or choose not to appear at the test/tests, their degrees in Engineering through distance education shall stand recalled and cancelled. It goes without saying that any promotion or advancement in career on the basis of such degree shall also stand withdrawn, however any monetary benefits or advantages in that behalf shall not be recovered from them.

6. Following the above observations, a Co-ordinate Bench of this Court has also considered the said judgment (supra) and passed orders in W.P No.21143 of 2020 wherein it was held as under: “26. In A. Venkata Reddy (supra) this Court further held that the degrees having been validated the petitioners would be entitled for conversion from their post of Assistant Engineers (Electrical) to Assistant Executive Engineers (Electrical). Consequently, the petition was allowed and the respondents therein were directed to convert the petitioners therein to the post of Assistant Executive DR,J

Engineers (Electrical) from the post of Assistant Engineers (Electrical) before giving promotion to the post of Deputy Executive Engineers (Electrical) if they were otherwise eligible.

27. …

28. Following the judgment of the Coordinate Bench in A. Venkata Reddy (supra) it is held that on passing test on the second attempt the petitioner‟s engineering degree stood validated and such validation would relate back to the date of acquiring the degree. The petitioner as such would be entitled for consideration of his case for conversion of his post of Municipal Assistant Engineer to Municipal Assistant Executive Engineer with effect from the date of conversion of such post in respect of the petitioner‟s juniors, viz., (1) Sri V. Srinivas and (2) Sri Ch.Venkateswararao, who are admittedly juniors to the petitioners in the cadre of Municipal Assistant Engineer and consequential the seniority, as also promotion to the post of Deputy Executive Engineer by granting notional promotion with effect from the date the juniors were promoted, if there is no other legal impediment. The view taken by the respondents that the petitioner would be entitled for the benefit of the degree and the consequential benefits there from only from June, 2013 is unsustainable.”

7. Considering the above two judgments, the learned Senior Counsel, requested to dispose of the writ petition, directing the respondents to consider the case of the petitioner for conversion from the cadre of Assistant Engineer to the post of Assistant Executive Engineer (Electrical) in terms of Note-3 of the A.P. Roads and Buildings Engineering Service Rules, from the date of acquiring the decree.

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8. Reply to the said contentions, the learned Government Pleader has placed a copy of the instructions issued by the Engineer-In-Chief. According to the said instructions, as per A.P.R & B Engineering Service Rules, 1996 both the cadres of Assistant Engineer and Assistant Executive Engineer are feeder categories for promotion/appointment by transfer to the post of Deputy Executive Engineer. Further that the petitioner was appointed by transfer as Deputy Executive Engineer in the year 2008 and is continuing his service in the same cadre up to date. Now, the petitioner after enjoying the benefits in the cadre of Deputy Executive Engineer for 17 years, now requested to demote him to the post of Assistant Executive Engineer and further as relied on the orders passed by the Hon’ble Apex Court in K.R.Mudgal and others vs. R.P Singh and others reported in 1986 (4) SCC 531 held that, seniority once finalized should not be disturbed after the inordinate delay of several years.

9. Reply to said contention, the learned Senior Counsel has submitted that the question of unsettlement of the seniority does not arise in this case, as the petitioner has acquired qualification in terms of Note-3 of the A.P. Roads and Buildings Engineering Service Rules. With regard to validation of the decree is concerned, the Hon’ble Apex Court has considered and passed the above cited order and following the said observations, this Hon’ble Court has also considered and directed the respondents to reconsider the petitioner’s case as DR,J

per the observations made by the Hon’ble Apex Court. Hence, the question of unsettlement does not arise.

10. The learned Senior Counsel also submits that as the petitioner has acquired qualification, he is entitled for conversion. Accordingly, the same has to be considered in terms of the observations made by the Hon’ble Apex Court in Orissa Life Irrigation Corp.Ltd vs. Rabi Shankar Patro & ors.

11. Considered the submissions made.

12. Accordingly, this Writ Petition is disposed of, directing the respondents to consider the case of the petitioner, for conversion to the post of Assistant Executive Engineer from the cadre of Assistant Executive from the date of acquiring the qualification of B.Tech decree, as per the observations made by the Hon’ble Apex Court and as also in terms of the observations made by this Court in W.P No.21143 of 2020 and pass appropriate orders by considering the representation made by the petitioner on 15.10.2025.

The said exercise shall be completed within a period of three (03) months, from the date of receipt of copy of this order. It is needless to observe that once the orders are passed, the petitioner is entitled for all the consequential benefits. No costs. Miscellaneous petitions pending, if any, shall stand closed. __________________ JUSTICE D RAMESH Date:10.02.2026 Ksj