Office of the Engineer-in-Chief (Admn.Wing)

       Irrigation & CAD Dept., Errummanzil, Hyderabad. 82.

 

Circular Memo. No. Rc/ENC/D1/24018/89                                         Dated:   24 -01-2007.

 

                        Read:-1)From the Hon’ble APAT Hyd. Judgment dt:25-6-1999.

                                   2)This Office Circular Memo.No.Rc/ENC/D1/24018/99-1                       

                                      dt:30-8-99 published in Part-I Extraordinary of the A.P. Gazette

                                      No. 370 dt:1-9-1999.

                                   3)From the Hon’ble A.P. High Court interim order dt:21-9-99.

                                   4)From the Hon’ ble A.P. High Court Order dt:21-11-2003.

                                   5)Govt. Memo.No.36944/Ser.I(2)/99 I& CAD Dept., dt:20-9-2005.

 

                          Sub:- Estt.- Provisional seniority list of A.E.Es from 1978 Genl.

                                    Recruitment Batch to 2001 limited- recruitment batch – Zone-4

                                    communication – reg.,

   @@@

 

            The A.P. Admn. Tribunal Hyderabad in their Judgment dt:25-6-1999 in O.A.No. 5667 /93 filed by Sri Bh.Rajeswara Rao, A.E.E. and Sri D.Vishnu Murty, A.E.E. and Sri P.Narayana Raju, A.E.E. and batch of other O.As. directed that the Jr. Engineers who were selected by APPSC in the Year 1978 and whose services were regularized under G.O.Ms.No. 647 or eligible for regularization under G.O.Ms.No. 647 should be given options afresh as to whether they would like to have their services regularized under   G.O. Ms. No. 647 or they would opt for appointments based on selections made by APPSC in 1978 and whoever opts for appointment based on selections made by APPSC in 1978 they should be given appointment and should be treated as belonging to I.J.Diwakar’s batch for the purpose of retaining their seniority.  The APAT also directed that the inter-se-seniority between the Jr. Engineers belonging to  various groups should be fixed as per the directions issued by the Supreme Court in P.B. Chowdary’s case in the following order of seniority.

 

i)                    Jr. Engineers selected through SQT 1975 immediately after the regularly appointed candidates who entered service before the selection of successful SQT candidates.

ii)                   Below the SQT 1975 candidates the  Jr. Engineers belonging to the I.J. Diwakar batch including those who have given fresh options as per above directions  should be placed in the seniority list while fixing the inter-se-seniority among the I.J. Diwakar batch ranking given in APPSC selection and rule of reservations should be followed.

iii)                 Below the above batch the Jr. Engineers who are eligible for regularization of services under G.O.Ms.No. 647 and who have not exercised their option in the fresh options to be called for appointment based on selection by APPSC in 1978 should be placed and their dates of regularization should be revised if necessary by restricting them to last date of regular  appointment in unit of appointment whichever is later.

iv)                 The Jr. Engineers selected in limited recruitment shall be given placement in seniority list as per directions of Supreme Court in G.S. Venkata Reddy’s

case.

 

2)         As per the above orders dt: 25-6-1999 of the Hon’ble APAT all the Jr. Engineers (Now re-designated as AEEs) working in I& CAD Dept., who are finding place in the select list of APPSC 1978 batch allotted to I& CAD Dept., and whose  services were regularized or eligible for regularization under G.O.Ms.No.647 dt:14-9-1979 were directed in this office Circular Memo.No.Rc/ENC/D1/24018/99-1 dt :30-8-1999(i.e AP Gazette No.370 dt:01-09-1999) to give options afresh as to whether they would like to retain their regularization under G.O.Ms.No. 647 GAD dt:14-9-79 or they would opt for appointments based on selections made by APPSC in 1978 within one week from the date of publication of the Circular notified the Gazette No. 370 dt:1-09-1999   and all the above Jr. Engineers were also informed that  if such options is not received within the stipulated time it will be construed that the individuals who were selected by APPSC in the Year 1978 are opting for appointment based on selection made by APPSC in the year 1978. The above Circular Memo. dt: 30-8-1999 was published in part-I extraordinary of the A.P. Gazette No. 370dt:1-9-99.  In the Mean time Sri G.Mohan Reddy and others filed W.P.No. 17497/99 and batch filed  W.Ps  in A.P. High Court against the above APAT Judgment dt:25-6-99 of APAT.  The A.P. High Court in their order dt:21-11-2003 in above WP.No.17497/99 and batch rendered the final judgment that the above orders dt:25-6-1999 of APAT are directly in pursuance of the directions given by Supreme Court in G.S. Venkata Reddy’s case and I.J. Diwakar’s case and A.P. High Court dismissed the WPs. there by upheld APAT Judgment rendered  as per  the instructions of the  Hon’ble Supreme Court of India.

 

3)         The Hon’ble A.P. High Court in their order dt:23-11-2001 in W.P.No. 5922 / 99 filed by Sri U.Govinda Rao, Sri M.Rajasekhar Rao and Sri Y.V. Chandara Sekar Reddy and in W.P. No.6360/99 filed by Sri S.Narasimha Rao finally held that the weightage  rule issued in G.O.Ms.No. 54 dt:15-2-1983 is voilative of articles 14 and 16 of the constitution of India in so far as vested rights of the Jr. Engineers who are senior to them is sought to be taken away.

 

4)         The Govt. in Memo. No.18975 / Ser.II (2) / 2004-5 I & CAD ( Ser.II ) Dept., dt: 4-1-2007 have  constituted a Committee to examine the issues of zone wise seniority lists of A.E.Es / Dy. E.Es  and state – wide integrated list of Dy.E.Es  etc., for according promotions on adhoc basis and dispense with the existing  in-charge arrangements ( the existing)

 

5)         In view of the above orders of A.P.A.T. and A.P. High Court the provisional seniority list of A.E.Es is enclosed. The Engineers  who were appointed by transfer in terms of G.O.Ms. No. 54 dated 15-2-1983 and finding the rank in APPSC select list are placed in the seniority list as per their ranking and assigned  the date of 1-04-79 as accorded to qualified candidates  in the select candidates in APPSC select list.  This is as per the principle by APAT in O.A. No. 5103/1994 of placing the candidates appointed by transfer and find place in 1978 select list is stipulated

 

6)         The names of the Jr. Engineers ( now re-designated as A.E.Es) whose services were regularized as per G.O. Ms.No. 647 GAD dt:14-9-79 and G.O.Ms.No.413dt: 29-8-83 and whose names do not figure in 1978 APPSC select list are included in the provisional seniority list in the zones allotted to them in this office Circular Memo. No. Rc/ENC/D3/32331/2001 dt:30-4-2001 based on the study certificate as per para-7 of the A.P.P.E (OLC & RDR) Order 1975.

 

 

7)         As per the recommendations of the above Committee the revised date of regularization of services i.e., 1-4-1979 is assigned to Jr. Engineers ( Now Asst. Exe. Engineers) ( selected by APPSC in the Genl. Recruitment 1978 and who entered service as Jr. Engineer prior to 1-4-1979   This revised date of regularization ie., 1-4-1979 is assigned as the interviews were held by the APPSC from November, 1978 to March, 1979 for recruitment of Jr. Engineers   ( now re-designated as Asst. Executive Engineers.) as such the immediate date after 31.03.1979 i.e. 01-04-1979 is allocated to the Jr. Engineers who figure in the APPSC 1978 select list. This revised date of regularization ie., 1-4-1979 is also assigned to Jr. Engineers selected by APPSC during limited recruitment in 1978 and who entered service as Jr. Engineer prior to 1-4-79.

 

                                                                                                           

8)         As per the recommendations of the above Committee the revised date of regularization of services 2-4-1979 is assigned to Jr. Engineers who entered  service as Jr. Engineers temporarily prior to 1-4-1979 and whose services were regularized as per G.O.Ms.No.647 dt:14-9-79 and this revised date of regularization of service i.e., 2-4-1979 is also assigned to Jr. Engineers who were appointed by transfer from the category of Supervisors between 18-10-1975 to 1-4-79 in view of above Judgment dt: 25-6-99 of the Hon’ble APAT regarding seniority of various groups of Jr. Engineers as stipulated by Hon’ble Supreme Court in G.S. Venkata Reddy’s case and P.B.Chowdary’s case.

 

9)         The seniority of A.E.Es who were appointed after 9th March, 1981 and who passed Departmental Account Test for PWD Officers & Subordinates belatedly is fixed  in terms of  Govt. Memo.No. 8477/ Ser.I(2)/2006-9 I& CAD dept.,  dt:20-1-2007.

 

 

10)       The Hon’ble Supreme Court stipulated at para 15 of their judgment dt:16-07-1993 in G.S.Venkata Reddy’s case while prescribing the order of seniority among various groups that “Fresh orders necessary may be given in light of the judgment.”  The stipulations of Hon’ble supreme court are strictly adhered to while preparing the seniority list and all the orders as may become necessary are deemed to have been ordered in light of Hon’ble supreme court judgment while with standing to the ranks assigned by the Hon’ble supreme court except such Jr. Engineer’s who slide down on account of Govt. orders in Govt. Memo.No. 8477/Ser.I(II)/2006-9 I& CAD Dept., dt: 20-01-2007.

 

11)       The seniority of Jr. Engineers selected by APPSC in Genl. recruitment 1978 who entered in service in the year 1984 ( (I.J. Diwakar’s Batch) is fixed with ref to the 1978 select candidates who were to  assigned by the APPSC to retain their rank wise seniority the relaxation of rule 33 ( a) of Old A.P.S. & S Service Rules,  at any other rank as become necessary is declared to have been relaxed subject to Govt. orders.

 

12)       The above zone wise provisional seniority list of AEE’s is subject to the orders of supreme court to be issued in SLP (C) No.1470/2004 and SLP (C) 3209-3210 filed by Sri P. Sudhakara Rao and 4 others and SLP ( c) No.1470/2004 filed by Sri G.Mohan Reddy andother and SLP ( C) No.3486/2004 filed by Sri Y.Chandraiah, Dy.E.E and another SLP( c) No.3603/2004 filed by Sri P.Narasimha Rao, Dy. E.E. and another.

 

13)       The Superintending Engineers and Chief Engineers and Engineer-in-chief are requested to make wide publicity of the seniority lists and they are also requested to instruct the Asst. Exe. Engineers to submit their objections if any regarding seniority within fifteen  (15) days direct to this office.  This provisional seniority list is also placed in the web site www.irrigation.ap.gov.in.

 

 

14)       Any objections or verifications to the  zonal wise seniority list maybe furnished to Engineer-in-Chief on or before 03-02-2007 from the date of placement in the web site in case no objections are received within the stipulated time, it shall be consigned  that there are no objections to offer and the list is accepted.

 

                                                                                                Sd/- K.Ashok Kumar,

      Engineer-in-Chief (Admn. Wing)

 

To,

All the Superintending Engineers,

All the Chief Engineers and All the Engineer-in-Chiefs.