Telangana High Court
R.Chandrasekhara Babu, vs Tirumala Tirupathi Devasthanam, on 11 June, 2018
HON'BLE SRI JUSTICE M.GANGA RAO
W.P.No.12673 OF 2003
ORDER
This writ petition is filed seeking a direction to the respondents to consider the case of the petitioner for promotion to the post of Draughtsman Grade-II with effect from the date of eligibility i.e., 31.5.1998 with all consequential and attendant benefits.
It is the case of the petitioner that he was appointed as Helper on 10.1.1991 in the 1st respondent-Tirumala Tirupathi Devasthanam(TTD), on compassionate grounds. Subsequently, he was promoted as Assistant Fitter on 10.6.1997. Thereafter, with the consent of the respondent- Devasthanam, he pursued his studies and completed Diploma in Civil Engineering on 31.5.1998 and the same was recorded in the service register on 28.08.1998. He made several representations since 1998 onwards for consideration of his case for promotion to the post of Draughtsman Grade-II as an other service candidate as mentioned under column No.9(2), Annexure-2 of G.O.Ms.No.1060, dated 24.10.1989. But, the respondent-devasthanam has not considered his case for promotion. The respondent-devasthanam has appointed several persons i.e., C.V.Prasad, K.Suresh Reddy and T.C.Manjunatha from Blue Print Operator cadre to 2 Draughtsman Gr-II as per the directions of this Court in W.P.Nos.15714, 17075 and 17114 of 1992. When the case of the petitioner was not considered for promotion to the post of Draughtsman Gr-II, he filed the present writ petition.
A counter-affidavit has been filed on behalf of the respondent-devasthanam, wherein it is stated that the petitioner was appointed as Helper, on temporary basis, on compassionate grounds on 10.01.1991. He was promoted as Assistant Fitter on 10.6.1997. As per TTD Service Rules issued vide G.O.Ms.No.1060, dated 25.10.1989, the method of recruitment to the post of Draughtsman (Civil) Gr.II, is as follows:
Engineering Service Civil Engineering Section S.No.9 Draughtsman (Civil) Grade-II.
Draughtsman (Civil) Grade-II 1.Must possess LCE diploma issued by Board of Technical
1.By direct recruitment Education or an equivalent qualification thereto. (As per G.O.Ms.No.829, Rev(Endt-III), Department dated 16.11.2000 ITI qualification was deleted)
2. By direct recruitment from work Direct recruitment including charged establishment: recruitment work charged establishment persons from work charged establishment who possess the LCE/LME Diploma without the medium of Employment Exchange or for special reasons for recruitment by transfer from any other service. Must have five years of service in work charged establishment. In case of diploma holders appointed from work charged establishment, one must not have completed the age of 35 years.3
3. By promotion: By promotion from the post of Tracer:
(i)Must have passed LCE/LME or ITI Draughtsman (Civil) course or any other course as equivalent thereto.
(ii)Must have put in three years of service as Tracer.
(iii)Must have passed the Accounts Test for PWD Officers. If not possessing the qualifications indicated in (i) above must have put in five years of service as Tracer.
As per the said rules, the Work Inspectors/Tracers are the feeder cadres to the post of Draughtsman Gr.II and number of qualified candidates are available in these feeder cadres waiting for promotion. For special reason for recruitment by transfer from any other service is considered only in case of non-availability of candidates from feeder cadre. The petitioner does not belong to any of the feeder cadres.
Therefore, as the candidates are available from feeder cadre, the question of consideration of the case of the petitioner for the post of Draughtsman does not arise. As per Regularization No.2 of the above method, only the persons who are working in the work charged establishment alone are considered for promotion as Draughtsman Gr-II by direct recruitment. The petitioner while working as Helper, got promoted as Assistant Fitter in the water works department of the respondent-devasthanam. As per TTD Service Rules, 4 there is no such provision for considering the case of Assistant Fitter (Water Works), who was having DCE qualification, for appointment as Draughtsman Grade-II (Civil) Helper in Civil Engineering Department of the Devasthanam. The petitioner is eligible for promotion to the cadre of Assistant Fitter and from Assistant Fitter to the cadre of Fitter. The petitioner had already promoted as Assistant Fitter. As per TTD Service Rules, the petitioner is not entitled to be appointed as Draughtsman Gr-II and hence, the writ petition is liable to be dismissed.
Learned counsel appearing for the petitioner contends that the petitioner was appointed as Helper on compassionate grounds and thereafter, he was promoted as Assistant Fitter in the Water Works Department and after obtaining qualification in Diploma in Civil Engineering, the same was recorded in his Service Register on 28.8.1998 and he submitted several representations as he is eligible for promotion to the post of Draughtsman Gr-II. He further submits that respondent- Devasthanam promoted similarly situated persons like that of the petitioner, but denied such promotion to him and therefore, the petitioner prays to extend the same benefit.
On the other hand, learned Standing Counsel appearing for the respondent-Devasthanam while reiterating the 5 averments made in the counter-affidavit would contend that the petitioner is working as Assistant Fitter in the Water Works Department in the respondent-Devasthanam and as per the rules of the Devasthanam, for special reason for recruitment by transfer from any other service, the persons, who have completed five years of service in the work charged establishment alone, are entitled to be promoted as Draughtsman Gr-II in Civil Engineering Department of the respondent-Devasthanam.
This Court while considering the similar issue in W.P.No.11336 of 2011, dated 27.6.2011 held that the persons who are working in work charged establishment of the respondent-devasthanam alone are entitled to seek promotion as Draughtsman Gr-II by direct recruitment in the civil engineering department of the respondent-devasthanam.
Admittedly, the petitioner is working as Assistant Fitter in the Water Works Department in the respondent- devasthanam. As per the rules of the respondent- devasthanam, the persons with requisite qualification working in the work charged establishment of the respondent- devasthanam alone are entitled for promotion as Draughtsman Gr-II in the Civil Engineering Department. The contention of the petitioner that similarly situated 6 persons were promoted as Draughtsman Gr-II in the Civil Engineering Department illegally would not be countenanced for giving a positive direction to the respondent-devasthanam to consider the case of the petitioner for promotion to the post of Draughtsman Gr-II by transfer.
In view of the above, this Court is of the considered view that there are no merits in this writ petition and the same is liable to be dismissed.
Hence, the Writ Petition is dismissed. No costs. Miscellaneous petitions, if any, pending shall stand closed.
________________________ JUSTICE M.GANGA RAO 11th June, 2018 rkk