Telangana High Court
Ch.Bhaskar Reddy vs The State Of Telangana And Another on 11 July, 2025
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.29140 of 2019
ORDER:
This Writ Petition, under Article 226 of Constitution of India, is filed seeking the following relief:
"...to issue an order or direction, more particularly one in the nature of Writ of Mandamus, declaring in so far as the para 6 of G.O.Rt.No.772 Irrigation and CAD(Ser.I) Dept. dated 19-6-2010 is only concerned as illegal, arbitrary, discrimination, unfair, unjust, contrary to the orders in issued in G.O.Ms.No.77 dated 26-2-2009 and Memo No.29730484/SMPC/99 dated 20-9-1999, Memo No.14693/IFR.II/06-5 dated 26-4-2007, Memo No.12278/ IFR.II/2007-1 dated 30.10.2007, Memo No.16075/12/A2/Admn-III/2011 dated 14-5-2013, Memo No.16075/12/A2/Admn-III/2011 dated 29-5-2013 and letter No.2861/IE,Sugar&IFR/2018-2 dated 19-7-2018 and consequently direct the respondents to consider the case of the Petitioner for absorption of his service as AE in terms of G.O.Ms.No.77 dated 26-2- 2009 with all benefits of seniority, promotion, pay fixation w.e.f. 3-5- 1993 and count the service rendered by the Petitioner in erstwhile HAL from 14-8-1987 to 2-5-1993 and service rendered in Industries and Commerce Department from 3-5-1993 to 21-9-2010 as qualifying service for purpose of pension and pensionary benefits as per orders issued in No.29730484/SMPC/99 dated 20-9-1999, Memo No.14693/IFR.II/06-5 dated 26-4-2007, Memo No.12278/ IFR.II/2007- 1 dated 30.10.2007, Memo No.16075/12/A2/Admn-III/2011 dated 14- 5-2013, Memo No.16075/12/A2/Admn-III/2011 dated 29-5-2013 and letter No.2861/IE,Sugar&IFR/2018-2 dated 19-7-2018 and to pass..."
2. Heard Sri C. Sai Reddy, learned counsel appearing for the petitioner and learned Government Pleader for Services-I appearing on behalf of the respondents.
2
PK, J W.P.No.29140 of 2019
3. Learned counsel for the petitioner submitted that the petitioner was initially appointed as Supervisor (Technical) on 14.08.1987 in the erstwhile Hyderabad Allwyn Limited (HAL), and his services were confirmed w.e.f., 16.08.1989. Thereafter, consequent to the merger of HAL with Voltas Company Limited, the petitioner was re-deployed into the Government service w.e.f., 03.05.1993 and posted in the Industries and Commerce Department at the Secretariat. While so, in compliance with the orders of the erstwhile Andhra Pradesh Administrative Tribunal dated 12.09.2008 in O.A.No.6243 of 2004 and batch, the Government issued G.O.Ms.No.77 dated 26.02.2009, wherein, it was stated that the employees of the erstwhile HAL have to be treated as Government employees, and their services be absorbed w.e.f., 03.05.1993 in the equivalent posts, with consequential benefits of seniority, promotion, and pay fixation. Hence, as per the said G.O., the services of the petitioner were required to be absorbed in the equivalent post w.e.f., 03.05.1993, and he was supposed to be placed in the seniority list below the regular candidate already appointed as on 03.05.1993. It was further submitted that the services of the petitioner were belatedly absorbed in the Irrigation Department as Assistant Engineer vide G.O.Rt.No.772 dated 19.06.2010, with the condition at paragraph 6 that his previous service in the erstwhile 3 PK, J W.P.No.29140 of 2019 HAL and also in the Industries and Commerce Department would not be counted for any purpose. However, it was contended that this condition is in direct contravention of the orders issued in G.O.Ms.No.77 dated 26.02.2009, and several Government Memos. Therefore, the condition at paragraph 6 of G.O.Rt.No.772 dated 19.06.2010 is non-est in the eye of law and the same should not be taken into account for any purpose.
4. It was further contended that due to the said illegal condition, the services of the petitioner had not been absorbed w.e.f., 03.05.1993, and lost the consequential benefits such as seniority, promotion, and pay fixation. The said conditions also prevents from taking into account the service rendered by the petitioner in the erstwhile HAL from 14.08.1987 to 02.05.1993, and also in the Industries and Commerce Department from 03.05.1993 to 21.09.2010, from computing his qualifying service for pay protection, pay fixation, pensionary benefits, etc. It was further submitted that similarly situated colleagues of the petitioner, who were also re- deployed from the erstwhile HAL to other Departments such as Drugs Control Administration Department, Printing, Stationery and Stores Purchase Department, etc., were later absorbed into the respondent Department as Assistant Engineers, w.e.f. 03.05.1993, vide 4 PK, J W.P.No.29140 of 2019 proceedings dated 07.07.2009, and they were also promoted as Deputy Executive Engineers and appointed by transfer as Assistant Executive Engineers, with their pay being fixed w.e.f., 03.05.1993. However, in the case of the petitioner, respondent No.1 issued G.O.Rt.No.772 dated 19.06.2010, by putting the said condition at paragraph 6, due to which, his services have been absorbed w.e.f., 21.09.2010. Therefore, the action of respondent No.1 in issuing the said condition in the case of the petitioner is illegal, arbitrary, discriminatory, and contrary to the orders issued in G.O.Ms.No.77 dated 26.02.2009 and the orders issued in various subsequent Government Memos.
5. It was further submitted that the services rendered by the petitioner in the erstwhile HAL were taken into account while awarding benefits under the Automatic Advancement Scheme by the Industries and Commerce Department, which was done prior to the issuance of G.O.Rt.No.772 dated 19.06.2010. It was further submitted that the petitioner had made multiple representations, seeking to rectify the mistake crept at paragraph 6 of G.O.Rt.No.772, by deleting the same from the said order. However, instead of referring the matter to respondent No.1, respondent No.2 had erroneously rejected the claim of the petitioner vide 5 PK, J W.P.No.29140 of 2019 Memo.No.RC/ENC/A1/18876/2015 dated 14.09.2015. Aggrieved by the same, the petitioner made a representation to the then Hon'ble Minister for Irrigation on 15.12.2015, which was subsequently forwarded to respondent No.1. Thereafter, respondent No.1 issued orders in Memo.No.141/Ser.I(1)/2016-1 dated 12.01.2016, directing respondent No.2 to consider the case of petitioner as per rules in force. However, despite the same, no action was taken. Therefore, the petitioner submitted a detailed representation to respondent No.2 on 25.09.2018. However, even as of today, no action has been taken thereon. Therefore, learned counsel for the petitioner prayed this Court to pass necessary orders in the present writ petition.
6. Per contra, learned Government Pleader appearing on behalf of the respondents submitted that the Government, vide G.O.Ms.No.180 dated 28.04.1993 the employees of erstwhile HAL in various categories, i.e., workers, commercial staff (ministerial staff), technical qualified supervisors, etc., have been allotted to various Government Departments. Thereafter, the Government, vide G.O.Ms.No.77 dated 26.02.2009, issued orders, duly regularizing the services of the erstwhile HAL re-deployed employees into the Government Departments by allowing seniority, considering eligibility for holding the respective equivalent post/cadre in the Departments on par with 6 PK, J W.P.No.29140 of 2019 the regular government servants, with all consequential benefits from the date of deployment, as per the orders of the erstwhile Andhra Pradesh Administrative Tribunal dated 12.09.2008 in O.A.No.6243 of 2008 and batch. Further, the Engineer-in-Chief (Administrative Wing) vide proceedings Rc.No.ENC/46/5496/2009 dated 07.07.2009, posted the technical supervisors of erstwhile HAL (35 members have been absorbed in I&CAD), who possessed the qualification of Diploma in Engineering, in one of the existing vacancies of I&CAD Department as A.E.E./A.E. The services of the technical supervisors absorbed as A.E.s were regularized based on the date of joining of the last regularized candidate in the department, zone wise.
7. Further, some of the A.E.s of erstwhile HAL, who acquired B.E./ B.Tech qualifications were appointed by transfer as A.E.E. vide proceedings dated 13.10.2010 and 03.05.2011, and out of 35 A.E.s, 9 were appointed by transfer as A.E.E.s. It was further submitted that as per the orders of the Tribunal dated 15.07.2015 in O.A.No.5059 of 2013 and batch, the HAL employees were assigned seniority from the date of joining, on and from 03.05.1993. Accordingly, HAL employees were placed in the seniority list as per their respective dates of joining in the cadre of Assistant Engineer in the I&CAD Department, duly revising their commencement/declaration of probation, and finalized 7 PK, J W.P.No.29140 of 2019 the seniority list vide Circular No.Rc/ENC/A1.37119/2015 dated 16.01.2016. Further, insofar as the petitioner is concerned, he was initially allotted to Industries and Commerce Department vide G.O.Ms.No.384 dated 31.03.1993. Accordingly, he joined duty in the said Department on 03.05.1993. Further, as there were no equivalent posts in the Secretariat of the erstwhile State of Andhra Pradesh for the category of Supervisor (Technical), he requested to allot him to I&CAD Department, where there are equivalent categories of posts to the post of Supervisor (Technical), on par with the Government employees in the respective categories. Pursuant to the same, respondent No.2, vide letter dated 25.11.2009, submitted the proposal to the Government, duly stating that the petitioner is LME qualified person and by virtue of his studies, he belongs to Zone-V as per the provisions prescribed in the Presidential Order-2018, and finally, recommended for his absorption in the I&CAD Department, as Assistant Engineer, and further stated that his previous service as Supervisor (Technical) rendered in the erstwhile HAL and Industries and Commerce Department will not be counted for any other purpose as he has not served to I&CAD Department. Accordingly, the Government has examined the proposals submitted by respondent No.2 and issued G.O.Rt.No.772 dated 19.06.2010, absorbing the 8 PK, J W.P.No.29140 of 2019 services of the petitioner in the Irrigation and Command Area Development Department as Assistant Engineer in Zone-V, with a condition that the service rendered as Supervisor in the erstwhile HAL and Industries and Commerce Department will not be counted for any purpose. Accordingly, the petitioner joined duty as Assistant Engineer in I&CAD Department on 22.09.2010, duly accepting the terms and conditions issued vide proceeding of respondent No.2 dated 30.08.2009, and he was placed under probation w.e.f., 22.09.2010, as per Rule 6 e of Telangana State and Subordinate Service Rules.
8. Further, the petitioner has passed the Accounts Test for PWD Officers and subordinates, before he was absorbed into the Department and he has satisfactorily completed the prescribed period of probation in the cadre of Assistant Engineer from 21.09.2011, vide proceedings of respondent No.2 dated 01.06.2016, and was placed in the seniority list as Assistant Engineers as per his date of joining in the Department. Hence, his request was rightly rejected in terms of paragraph 6 of G.O.Rt.No.772 dated 19.06.2010 vide Memo.No.Rc/ ENC/A118876/2015 dated 14.09.2015, as his previous service rendered in the erstwhile HAL and the Industries and Commerce Department will not be counted any purpose. Therefore, it was prayed to dismiss the present writ petition.
9
PK, J W.P.No.29140 of 2019
9. This Court has taken note of the rival submissions made by the learned counsel for the respective parties and perused the records.
10. Admittedly, the petitioner herein, who is an LME Diploma- holder, was initially appointed as a Supervisor (Technical) on 14.08.1987, in the erstwhile Hyderabad Allwyn Limited and his probation in the said cadre was duly declared w.e.f., 16.08.1989. After the closure and acquisition of HAL, the petitioner, along with all the other employees, was declared among the surplus staff, and he was initially deployed to the Industries and Commerce Department vide G.O.Ms.No.384 dated 31.03.1993. The petitioner accordingly joined duty on 03.05.1993. However, since no post equivalent to the cadre of Supervisor (Technical) was available in the Secretariat, the petitioner had requested to allot him to the Irrigation and Command Area Development (I&CAD) Department. Accordingly, respondent No.2 has also recommended for the absorption of the petitioner into I&CAD Department, in the cadre of Assistant Engineer, since he is a diploma-holder. Accordingly, respondent No.1 examined the said proposals and issued G.O.Ms.No.772 dated 19.06.2010, duly absorbing the petitioner into the I&CAD Department as Assistant Engineer in Zone-V, subject to a condition that the service rendered by him as Supervisor (Technical) in the erstwhile HAL and also in the 10 PK, J W.P.No.29140 of 2019 Industries and Commerce Department will not be counted for any purpose.
11. Here it is relevant to note that pursuant to the orders of the erstwhile Andhra Pradesh Administrative Tribunal dated 12.09.2008 in O.A.No.6243 of 2004 and batch, the Government has issued orders vide G.O.Ms.No.77 dated 26.02.2009. The relevant portion of the said G.O. is extracted hereunder:
"6. The said representations have been examined by the Government, keeping in view of the orders of A.P.A.T. in O.A.No.6243 of 2004 and batch dated: 12.09.2008 and it was decided to accept the said decision of the A.P.A.T. Accordingly following orders are issued.
(a) Consequent upon winding up of the Hyderabad Allwyn Limited and such of the employees appointed in various Government Departments/Offices against the supernumerary posts on and from 03.05.1993 be treated as A.P. State Government Employees on par with employees working in such equivalent categories in those Departments.
(b) The order in item (a) above shall be subject be to fulfillment of qualifications prescribed in the special rules for such equivalent post in Government Departments subject to however not insisting upon the maximum age qualification prescribed for each such category of posts on and from 3.5.1993.
(c) The employees now absorbed on and from 3.5.1993 against supernumerary posts created shall be adjusted in the next last regular vacancies that may arise on or after 3.5.1993 in the respective Department, duly abolishing the supernumerary posts created on that basis.
(d) On such absorption, if any special rule provide passing of departmental tests/trainings, the employee now considered to be absorbed, be asked to pass such tests/trainings within a period of 2 years from the date of issue of this order.
(e) On such absorption, subject to qualifications these employees, who are eligible for inclusion of their names in the list of cadre strength/seniority list of each category shall be below the last regular candidate already appointed by the respective Departments, as on 11 PK, J W.P.No.29140 of 2019 3.5.1993 and on that basis they are entitled for promotion to higher post, as per rules, subject to however giving show cause notice to those employees who likely to be affected.
(f) To the above extent, if any posts are within the purview of APPSC for making direct recruitment separate orders will be issued by General Administration (Ser.A) Department for keeping such posts outside the purview of APPSC, for this purpose, to the extent required. The Heads of Departments concerned and Departments of Secretariat under whom the redeployed employees are working shall furnish full information to General Administration (Ser.A) Department and the Secretary, APPSC directly for further action at their end in consultation with Finance Department wherever required.
(g) In respect of redeployed employees working on consolidated pay basis, they be considered for absorption in any of the categories identified in the A.P. Last Grade Service Rules on and from 3.5.1993.
(h) The absorption now ordered will not attract the provisions contained in Act 2/1994."
12. From the above, it is quite clear that the employees re-deployed from HAL are to be treated as Government employees from the date of their deployment, and they shall be absorbed into equivalent posts with all consequential benefits including seniority, promotion, and pay fixation. However, in instant case, while absorbing the petitioner into I&CAD Department, the respondents issued G.O.Rt.No.772 dated 19.06.2010, and as per paragraph 6 of the said order, his earlier service in HAL and the Industries and Commerce Department would not be counted for any purpose. However, such a condition is contrary to letter and spirit of G.O.Ms.No.77 dated 26.02.2009.
13. Further, according to the petitioner several similarly situated employees from HAL were absorbed into other Government 12 PK, J W.P.No.29140 of 2019 Departments, such as the Drugs Control Administration, Printing, Stationery and Stores Purchase Departments, w.e.f., 03.05.1993, and they were granted full benefits including promotion to higher posts like Deputy Executive Engineer and Assistant Executive Engineer. According to the respondents there was no equivalent post available in the Secretariat to accommodate the petitioner, and hence he could not be absorbed into I&CAD Department until 2010. However, it is to be noted that after the closure of HAL, the petitioner was in continuous Government service since 03.05.1993, duly rendering his services in the Industries and Commerce Department. As such, this Court is of the view that the respondents ought not to have denied the benefits, more particularly, when they themselves granted the benefit of absorption w.e.f., 03.05.1993, to the similarly situated employees.
14. In a near identical matter, the Tribunal, vide orders dated 15.03.2012 in O.A.No.12770 of 2009 and batch, has categorially held that the Government is bound to absorb HAL employees into equivalent Government pay scales by taking into account their HAL pay in 1986. Following the said order, the Tribunal has also allowed O.A.Nos.5059 of 2013 and batch and O.A.No.621 of 2013 vide orders dated 15.07.2014 and 08.12.2014, respectively. Given the facts and circumstances of the case, this Court is of the opinion that the 13 PK, J W.P.No.29140 of 2019 Tribunal's view in the aforesaid O.A.s squarely applies to the case of the petitioner.
15. In the light of the foregoing discussion, this Court is of the opinion that the petitioner is entitled for count of his services w.e.f., 14.08.1987, i.e., the period of his services in HAL and the Industries and Commerce Department, for all purposes, including seniority, promotion, pay fixation and pensionary benefits. As such, the impugned rejection order dated 14.09.2015 is liable to be set aside.
16. Accordingly, the Writ Petition is allowed setting aside the impugned rejection order vide Memo.No.RC/ENC/A1/18876/2015 dated 14.09.2015 issued by respondent No.2 and the respondents are directed to extend all consequential benefits to the petitioner.
Miscellaneous applications, if any, pending in this writ petition, shall stand closed. No costs.
_________________________________ JUSTICE PULLA KARTHIK Date: 11.07.2025.
GSP