Andhra Pradesh High Court
WP/30417/2024 of PAYYAVULA BHARATH KUMAR Vs THE STATE OF ANDHRA PRADESH on 31 December 2024
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30417/2024 Between: Payyavula Bharath Kumar ...PETITIONER AND The State Of
APHC010580642024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3331]
TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTIWRIT PETITION NO: 30417/2024
Between:
Payyavula Bharath Kumar
...PETITIONER
AND
The State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.SRINIVAS AMBATI
Counsel for the Respondent(S):
1.GP FOR SERVICES IV
The Court made the following:
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ORDER
Heard Sri Srinivas Ambati, learned counsel for petitioner and Sri S.Raju, learned Assistant Government Pleader for Services-I for Respondents.
2. The petitioner, Assistant Engineer, Public Health & Municipal Engineering Department, filed the above writ petition to declare the inaction of the 2[nd] respondent in considering the representations dated 27.06.2022 and 02.12.2024 seeking conversion from the post of Assistant Engineer to the post of Assistant Executive Engineer by transfer, as illegal and arbitrary.
3. The petitioner was appointed as Assistant Engineer, Public Health & Municipal Engineering Department vide Proceedings No.E1(1)/74/2017/Zone-III dated 12.09.2017 (Ex.P1). The petitioner completed probation on 16.09.2020 and is eligible for conversion to the post of Assistant Executive Engineer in the Public Health Department. Earlier, the 2[nd] respondent extended the said benefit in favour of E.Srinivasa Rao. As per G.O.Ms.No.648, Housing, Municipal Administration & Urban Development Department dated 03.11.1989 the Assistant Engineers who acquire graduate qualification in Engineering while in service on or after 28.02.1972 are entitled to appoint as Assistant Executive Engineers by transfer subject to the availability of vacancies in the category of Assistant Executive Engineers. The said G.O., further clarifies that one has to put in a minimum service of 3 years as an Assistant Engineer. The petitioner made a representation dated 27.06.2022 (Ex.P6) and another representation dated 02.12.2024 (Ex.P8) to the 2[nd] respondent to consider his case for conversion. However, no order was passed.
4. Learned Assistant Government Pleader for Services-I would submit that the petitioner was recruited and joined in the Public Health Department after the implementation of G.O.Ms.No.327 dated 27.08.2012. As per the amended Rules, candidates seeking conversion to Assistant Executive Engineers (PH) must hold a Bachelor’s Degree in Civil Engineering or an equivalent qualification. The petitioner’s degree in Mechanical Engineering does not meet the said criteria.
5. Whether the petitioner, who has been discharging duties in the cadre of Assistant Engineer, is entitled to conversion to the post of Assistant Executive Engineer or not, the 2[nd] respondent is the competent authority to pass appropriate orders based upon the rules in vogue. The representations made by the petitioner on 27.06.2022 and 02.12.2024 are pending consideration before the 2[nd] respondent.
6. In that view of the matter, without touching the merits of the case, the Writ Petition is disposed of at the admission stage with the consent of both the counsel directing the learned 2[nd] respondent to pass appropriate orders considering the representations made by the petitioner on 27.06.2022 and 02.12.2024 regarding conversion from the post of Assistant Engineer to the post of Assistant Executive Engineer, within six weeks from the date of receipt of a copy of this order. No order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
PVD
___________________________
JUSTICE SUBBA REDDY SATTI