Telangana High Court
Goli Ashok Kumar, vs State Of Telangana on 10 January, 2025
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.16971 of 2024
ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
"...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ (i) to declare the Government Memo No.11656/Ser.II.2/2020, dated 28.05.2022 issued by the 1st respondent, as illegal, arbitrary and unjust and consequently set aside the same; (ii) to declare the Government Memo No.11656/Ser.II/A1/2020, dated 21.06.2024, issued by the 1st respondent, as illegal, arbitrary and unjust and consequently set aside the same; and (iii) consequently set aside the same with further directions to the respondents to await for the drawing up of the integrated seniority list of Deputy Executive Engineers for all Zones i.e., Zones-I to VI by the State of Andhra Pradesh for the purpose of consideration of promotions to the category of Deputy Executive Engineers, which is a State cadre post and for further cadres..."
2) Heard Sri G.Vidyasagar, learned Senior Counsel representing Sri G.Sai Prasen, learned counsel for the petitioners, learned Government Pleader for Services-I, appearing for respondent Nos.1 and 2 and Sri C.Sai Reddy, learned counsel appearing for respondent Nos.3 to 5.
3) The case of the petitioners is that they joined as Assistant Executive Engineers in Irrigation Department on different dates 2 PK,J wp_16971_2024 and thereafter, they were promoted to next higher posts, and the details of which are as under:
Petitioner Initial Promotion Promotion to Promotion Promotion No. Appointment to the post the post of to the post as CE as Assistant of DEE EE of SE Executive Engineer 1 07.08.1987 2002 2011 2020 May, 2024 2 04.11.1987 2002 2011 2021 ---
3 15.09.1993 2005 2011 -- --
4 07.11.1987 2002 01.10.2015 09.02.2020 29.9.2022 5 18.04.1992 2004 2015 31.05.2024 3.1) It is the further case of the petitioners that there is inter se seniority disputes in the cadre of Deputy Executive Engineers (DEEs) in the combined department are pending at various Courts, due to which, the promotions from the cadre of DEE to the cadre of Chief Engineer (CE) in Irrigation Department from the panel year 2001-2002 could not be taken up and Departmental Promotional Committee meetings were not convened. Accordingly, the Irrigation Department has ordered incharge arrangements for large number of vacancies in all the cadres from DEE to CE in relaxation of Rule 10 (h) of the Telangana State and Subordinate Service Rules, 1996, and they were continuing in their own pay and allowances in the cadre of DEE. While so, respondent No.1 has issued impugned Memo 3 PK,J wp_16971_2024 No.11656/Ser.II.2/2020, dated 28.05.2022, and Memo No.11656/Ser.II/A1/2020, dated 21.06.2024, proposing to revise seniority list of DEEs. The same is under challenge in the present Writ Petition.
4) Learned senior counsel appearing for the petitioners has submitted that the controversy relating to seniority has been resolved by the Division Bench of combined High Court of Andhra Pradesh in W.P.No.37131 of 2017 and batch, dated 22.11.2019, wherein the Division Bench has directed the State of Andhra Pradesh, represented by its Secretary, Water Resources (Service-I) Department and its Engineer-in-Chief (AW), Vijayawada, to redraw the zonal seniority list in all zones in the cadres of AEEs, DEEs and the State-wide integrated seniority list of DEEs as on 01.06.2014 duly complying with the judgments of the Hon'ble Supreme Court in D.Vishnu Murthy v. Government of A.P. 1 and R.Venkata Ramudu v. State of A.P. 2 and then effect promotions to Zone-wise and thereafter to State-wide posts of EEs, SEs, CEs and Engineer-in-Chiefs. While so, the Engineers Association, Telangana, and the retired 1 (2016 (13) SCC 111 2 (2016 (6) ALD 447 (DB) 4 PK,J wp_16971_2024 Engineers have made representation(s) to the State of Telangana stating that the seniority list in Zone-V and VI were not finalized and thereby they are not getting monetary benefits. Hence, they requested to consider alteast for Adhoc promotions on par with their colleague Engineers of Andhra Pradesh, who were promoted in their respective zones and whose services were regularized and were also extended the monetary benefits. On considering the same, the State Government has constituted a Committee vide Memo, dated 26.07.2021, and also nominated a Special Committee vide Memo, dated 28.07.2021, for examining the issue regarding Adhoc promotions in respective Departments. The Committee came to the conclusion that the Government of Andhra Pradesh has to finalize the seniority and panels and since the Government of Andhra Pradesh has not undertaken the said exercise, it recommended to take up Adhoc promotions for extending the monetary benefits to Engineers of Zones -V and VI on par with the Andhra Pradesh Engineers subject to finalization by the Government of Andhra Pradesh by preparing the integrated seniority list of DEEs from the panels prepared and published by the Government of Andhra Pradesh duly assigning the notional dates in the cadre of DEEs vide 5 PK,J wp_16971_2024 proceedings No.Rc/ENC/C1/C2/9978699/2020/Z-I to VI, dated 11.06.2020.
4.1) Learned Senior Counsel has further submitted that in terms of the recommendations of the Committee, Adhoc promotions and panels were prepared by respondent No.2 and submitted to respondent No.1. While so, the Special Chief Secretary to Government, Irrigation & CAD (Ser.II) Department, has issued the impugned Memo No.11656/Ser.II.2/2020, dated 28.05.2022, stating that the integrated seniority list of DEEs furnished for according Adhoc promotions referred to the list consisting of individuals from different units of appointments and thereby seniors have become juniors and juniors have become seniors. Further the criteria of date of first appointment in the category of DEEs was also not followed and that Rule 34 of Telangana State and Subordinate Service Rules, 1996, has not been followed and therefore, it is ordered to revise the integrated/common seniority list of DEEs as per Rule 34 of General Rules and in the interest of principles of natural justice. Accordingly respondent No.2 was requested to take necessary action and furnish the revised the seniority list of DEEs to 6 PK,J wp_16971_2024 respondent No.1 for taking necessary further action on the proposed Adhoc promotions.
4.2) Learned senior counsel has further submitted that aggrieved by the Memo No.11656/Ser.II.2/2020, dated 28.05.2022, the Telangana Irrigation Graduate Engineers Association made a representation, dated 04.06.2022, with a request to cancel the Memo, dated 28.05.2022, and brought to the notice that the final seniority list of Engineers has to be drawn by the Government of Andhra Pradesh. Hence, any orders contrary to the same by the State of Telangana would be in violation of the orders, dated 22.11.2019 passed by the Division Bench in W.P.No.37131 of 2017 & batch and that the issue of senior and junior of their zone getting promotions ahead of another is already settled by Hon'ble Supreme Court in Government of Andhra Pradesh and others v.
A.Suryanarayana and others 3, wherein the Hon'ble Supreme Court has upheld the contention of State of Andhra Pradesh that there is separate Unit for recruitment, appointment, promotions and transfers and given directions to ensure that no Junior 3 AIR 1991 SC 2113 7 PK,J wp_16971_2024 Engineer promoted earlier than their seniors in the State-wide seniority list to the post of Executive Engineers, should be quashed. Hence, the criteria specified in para No.3 of Memo, dated 28.05.2022, is in violation of the orders of the Hon'ble Supreme court. Therefore, in terms of the directions of the combined High Court, the Government of Andhra Pradesh is required to draw up inter se seniority for all zones i.e., Zones 1 to 6 in the category of DEEs prior to 02.06.2014 since the post of DEE is a zonal cadre post as on 01.06.2014 for the purpose of drawing up the merit list for promotion to the post of EEs, which is a State cadre post. Therefore, the impugned Memo, dated 28.05.2022, would adversely affect the interest of DEEs, who are eligible for promotion to the post of EEs, which is a State cadre post. The criteria specified in the Memo that where the dates of first appointment are same, the seniority has to be drawn up in feeder category of DEE without reference to first appointment to the category of DEE, is arbitrary and contrary to Rules. 4.3) Further, vide impugned memo, the seniority has to be drawn up from among Zone-V and VI only whereas the common seniority list has to be prepared for all zones upto 02.06.2014. 8
PK,J wp_16971_2024 However, no such procedure is being followed. Further, subsequent to representation, dated 02.07.2022, made by Telangana Irrigation Graduate Engineers Association, a meeting of the Committee on adhoc promotion was convened on 13.09.2022 wherein it is observed that the Adhoc promotion proposals submitted to Government on 27.01.2022 are based on the recommendations of the Committee with the methodology adopted by combined State of Andhra Pradesh subject to finalization of the regular promotions by the Government of Andhra Pradesh as per Court orders. Hence, the Committee also recommended respondent No.2 to address a letter with a request to approve Adhoc promotion proposals submitted to the Government on 27.01.2022. Further, it is understood that respondent No.2 addressed a letter, dated 14.09.2022, re- submitting the proposals based on DEEs panels already prepared and published by Government of Andhra Pradesh for according promotions with notional dates. 4.4) Consequently, the Government of Telangana issued G.O.Rt.Nos.323, 324, 325 and 316, I & CAD (Ser.II) Department, dated 29.09.2022, according notional promotions to the 9 PK,J wp_16971_2024 Engineers in the categories, as the case may be, of EEs, SEs, CEs and Engineer-in-Chief purely on adhoc basis and subject to outcome of Court cases. Further, the State Government vide G.O.Rt.No.327, Irrigation &CAD (Ser.II) Department, dated 29.09.2022, is continuing in-charge arrangements consequent on notional promotions on adhoc basis in the categories of EEs, SEs, CEs and Engineer-in-Chief in relaxation of Rule 10 (h) of the Telangana State and Subordinate Service Rules, 1996, and subject to conditions specified therein. In view of the same, further action in pursuance of the impugned Memo No.11656/Ser/112/2020, dated 28.05.2022, was not undertaken and as on date also the State of Andhra Pradesh has not communicated the inter se seniority list of erstwhile zones i.e., Zones I to VI of the cadre of DEEs prior to 02.06.2014. Petitioners are eligible to be promoted to the post of DEEs and further promotion to the post of CEs as per the Rules. Therefore, impugned Memo No.11656/Ser.II.2/2020, dated 28.05.2022, and Memo No.11656/Ser.II/A1/2020, dated 21.06.2024, issued by respondent No.1 directing respondent No.2 to prepare the integrated seniority list in the cadre of AEEs/AEs and DEEs in accordance with Memo, dated 28.05.2022, for taking up 10 PK,J wp_16971_2024 promotion to the categories of DEEs and above is contrary to law. Therefore, the learned senior counsel for the petitioners prayed this Court to pass appropriate orders by setting aside the impugned Memo No.11656/Ser.II.2/2020, dated 28.05.2022, and Memo No.11656/Ser.II/A1/2020, dated 21.06.2024, issued by respondent No.1.
5) For better and effective adjudication of the matter, the extensive and elaborate submissions advanced by learned Additional Advocate General as well as Sri C.Sai Reddy, learned counsel appearing for unofficial respondents, are narrated together.
6) According to the respondents, as per the judgment dated 22.11.2019 passed in W.P. No.37131 of 2017 & batch, the Government of Andhra Pradesh has to re-draw the Zonal Seniority List in all Zones in the cadre of AEEs, DEEs and the State-wide integrated seniority list of Deputy Executive Engineers (DyEEs) upto 01.06.2014 and finalize the same and effect zone-wise promotions to the cadre of DyEEs and thereafter State-wide posts of EEs, SEs and ENC by the Government of Andhra Pradesh. Accordingly, the Government of Andhra 11 PK,J wp_16971_2024 Pradesh has prepared and finalized zone-wise seniority list of AEEs of all Zones i.e. Zone I to VI vide proceedings No.Rc/ENC/A2/9978699/2019, dated 21.01.2020. Based on the said seniority list, promotions to the cadre of DyEEs of all zones were effected vide proceedings Rc.ENC(Admn)/C1/C2/ 9978699/ 2020/Z-1 to 6, dated 10.06.2020 and 11.06.2020, but, integrated seniority list of DyEEs has not been finalized so far. As such, regular promotions to the next higher cadres i.e. EEs, SEs, CEs and ENCs as on 01.06.2014 could not be effected till date by the Government of Andhra Pradesh, thereby, administration is suffered for want of Engineers in the above said cadres and several Engineers were retired from service on attaining the age of superannuation without getting their due promotions.
6.1) In such a situation, the retired and working Engineers in the State of Telangana, made requests and representations seeking adhoc promotions, subject to reviewing the same on finalization of seniority list in the cadres of DyEEs and above, from the Government of Andhra Pradesh. Pursuant to such representations, the Government of Telangana has constituted a 12 PK,J wp_16971_2024 Committee vide Memo No.4711/Ser.II/A1/2021, dated 26.7.2021, to examine the entire issue of adhoc promotions to the Engineers in Irrigation & CAD Department and submit its report. The Committee has examined the issue in detail and finally recommended to submit the proposals with the Panels integrating the DyEEs list published by Government of Andhra Pradesh for consideration of adhoc promotions (with notional dates) from the cadre of EE to ENC in respect or Zone V and VI, to give monetary benefits on adhoc basis on par with Engineers of the State of Andhra Pradesh and directed the ENC (Admn) to take action accordingly. Further, as per the recommendations of the Committee, the second respondent has issued the adhoc promotion panel and submitted the same to respondent No.1 vide Lr. Rc.ENC (Admn)/ADA/AEE2/Adhoc Committee/2021, dated 27.01.2022 and while submitting the panels for adhoc promotions, respondent No.2 has picked up one individual each from different units of appointment and integrated the same, when the dates of appointment/promotion of the DyEEs is the same, due to which seniors became juniors and juniors became seniors.
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PK,J wp_16971_2024 6.2) Therefore, the Hyderabad Engineers Association submitted a representation to Government requesting to direct respondent No.2 to adhere to Rules 33, 34 and 36 of Telangana State and Subordinate Service Rules, 1996, in preparation of integrated seniority list of DyEEs and effect promotions to the cadres of EEs and above, as stated by Government of Andhra Pradesh in its Memo No.MJIR/307/2020-SER-I/A2 (1167154), dated 25.07.2020. Based on the said representation and report of respondent No.2, respondent No.1 has issued impugned Memo No.11656/SER.II.2/2020, dated 28.05.2022, to revise the integrated/common seniority list of DyEEs as per the criteria mentioned therein, in order to avoid disadvantages to seniors in getting further promotions in the interest of principles of natural justice and keeping in view the spirit of Rule 34 of Telangana State and Subordinate Service Rules, 1996,. It is further contended that at that stage, respondent No.2 has placed the impugned Memo dated 28.05.2022 before the Committee constituted for adhoc promotions. The Committee in its meeting held on 13.09.2022 has observed that the proposals submitted by respondent No.2 for adhoc promotions to respondent No.1 vide letter dated 27.01.2022 with methodology adopted in 14 PK,J wp_16971_2024 combined State of Andhra Pradesh and are in advance stage of approval, hence, recommended to adopt the same, treating it as only adhoc list, subject to finalization of regular promotions by the Government of Andhra Pradesh. The Committee has further opined that the impugned memo dated 28.05.2022 and the representations received may be examined for implementation at later earliest date possible, without hampering the process of finalization of adhoc promotions already taken up, as the same are received after processing the file and promotion proposed are adhoc only. Accordingly, based on the proposals sent by respondent No.2 vide letter dated 27.01.2022, adhoc promotions were ordered vide G.O.Rt.Nos.323 to 326, dated 29.09.2022, to the cadres of EE to ENC. The petitioners herein were also promoted on adhoc basis to the cadre of SEs and EEs, which they are now holding.
6.3) It is further submitted that after adhoc promotions were effected, no vacancies were caused in the cadre of EE to ENC, in view of enhancement of age of superannuation from 58 to 61 years, upto 31.03.2024. Further, from 01.04.2024 onwards, the vacancies in all the cadres have arisen. As such, these 15 PK,J wp_16971_2024 vacancies are required to be filled up in view of administrative exigency, in terms of the orders in Government memo dated 28.05.2022. Further, the Government has decided to implement said Memo dated 28.05.2022 with prospective effect and issued orders in Memo No.11656/Ser.II/A1/2020, dated 21.06.2024, directing ENC (A) to prepare the integrated seniority lists in the cadres of AEEs/AEs and DyEEs in accordance with the said Memo and submit the same to the Government. Further, in view of the implementation of Government Memo dated 28.05.2022 with prospective effect, the adhoc promotions accorded to writ petitioners and others vide G.O. Rt.Nos.323 to 326 dated 29.09.2022 will not be effected adversely in any manner and the adhoc promotions which are going to be taken up after implementation of Memo dated 28.05.2022 with prospective effect, as was done in case of writ petitioners, are also subject to revision after receipt of regular promotions upto 01.06.2014 from Government of Andhra Pradesh. As such, the proposed adhoc promotions vide Memo dated 28.05.2022, which are similar to that of adhoc promotions vide G.O.Rt.Nos.323 to 326, dated 29.09.2022, would not be in violation of orders of this Court in W.P.No.37131 of 2018 & batch vide order dated 16 PK,J wp_16971_2024 22.11.2019 and orders of Hon'ble Supreme Court. It is further submitted that the principle 'no junior should be promoted to the next higher cadre without promoting the senior across all the zones' was struck down by this Court in W.P.No.37131 of 2017 & batch vide order dated 22.11.2019 and the Hon'ble Apex Court in A. Suryanarayana's case (referred supra), is incorrect since it relates to regular promotion to the zonal cadres of AEEs to DyEEs whereas the criteria mentioned at para 3 of the impugned Memo dated 28.05.2022 is to prepare the integrated seniority list of DyEEs for adhoc promotions to the State cadre posts of EEs and above. Hence, there is no violation of the order dated 22.11.2019 passed this Court in W.P.No.37131 of 2017 & batch as well as A. Suryanarayana's case (referred supra) of the Hon'ble Supreme Court. 6.4) Further, the criteria stipulated in para 3 of Impugned Memo dated 28.05.2022 is in tune with Rule 34 of State and Subordinate Service Rules, 1996, whereas the principle/criteria adopted earlier while effecting adhoc promotions in G.O.Ms.Nos.323 to 326 dated 29.09.2022 (i.e. when the date of appointment of DEEs are the same, picking up one individual 17 PK,J wp_16971_2024 each from different units of appointment and integrated) is not supported by any rule or law. Hence, the Government of Telangana is now adopting the criteria at para 3 of the impugned memo dated 28.05.2022 for adhoc promotions only in order to be in accordance with the rules, as stated above. Therefore, there are no merits in the writ petition and prayed to dismiss the same.
7) This Court has taken note of the submissions made by respective parties and perused the material on record.
8) A perusal of the record discloses that as per the orders of the Division Bench of erstwhile High Court of Andhra Pradesh in its order dated 22.11.2019 passed in W.P.No.37131 of 2017 & batch, the Government of Andhra Pradesh has to re-draw the zonal seniority list in all zones in the cadres of AEEs and Dy.EEs and State wide integrated seniority list of Dy.EEs as on 01.06.2024 and then effect promotions zone-wise to the vacancies in the cadre of Dy.EEs and thereafter to the State- wide posts of EEs, SEs, CEs and Engineer-In-Chiefs. 18
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9) Here, it is pertinent to note that, admittedly, the State of Andhra Pradesh has not yet finalized the seniority list in the above cadres as directed by this Court in W.P.No.37131 of 2017 & batch, dated 22.11.2019. Further, the Engineering Service Associations of Telangana and other retired Engineers made representations stating that the State of Andhra Pradesh has not finalized the seniority list of Zone V and VI and therefore in the State of Andhra Pradesh the promotions extended to the Engineers (Zone I to IV) were regularized and they are getting monetary benefits. Hence, they requested for extending adhoc promotions on par with Engineers of State of Andhra Pradesh pending finalization of seniority by Government of Andhra Pradesh. Considering the above representations and due to administrative exigencies in the State of Telangana, the Government of Telangana has constituted a Committee vide memo No.4711/Ser-II/A1/2021, dated 26.07.2021, to examine the whole issue of adhoc promotions to the Engineers in the respondent Department.
10) The Committee in its meetings dated 30.07.2021 and 14.12.2021 after discussing all the issues in detail has opined 19 PK,J wp_16971_2024 that number of Court cases pertaining to seniority issues are still pending and ultimately the Government of Andhra Pradesh has to finalize the seniority list. Hence, the Committee has recommended to take up adhoc promotions (with notional dates) from EEs to ENCs, as an interim measure to give monetary benefits to the Engineers of Zone V and VI on par with Engineers of State of Andhra Pradesh, subject to finalization of the seniority list by the Government of Andhra Pradesh. Accordingly, adhoc promotion proposals (with notional dates) were prepared and submitted to respondent No.1 vide letter dated 27.01.2022.
11) Further, the Hyderabad Engineers Association has submitted a representation stating that integrated seniority list of DyEEs is not in accordance with the Telangana State and Subordinate Service Rules, 1996, due to which, seniors became juniors and juniors became seniors i.e. certain individuals of 1993 direct recruit AEE batch were placed over 1992 direct recruit AEE batch. Likewise 1995 batch recruits were placed over 1993 batch recruits; 2005 batch recruits were placed over 2004 batch recruits and 2007 batch recruits were placed over 20 PK,J wp_16971_2024 2005 batch recruits and therefore requested to direct the concerned to adhere to Rules 33, 34 and 36 of Telangana State and Service Subordinate Service Rules, 1996, for preparing the integrated seniority list of DyEEs of all zones without considering the adhoc promotion to the cadre of Executive Engineers and above.
12) In those circumstances, respondent No.1 in order to avoid disadvantage to the seniors in getting further promotion, in the interest of justice and keeping in mind Rule 34 of Telangana State and Subordinate Service Rules, 1996, has issued the present memo No.11656/Ser.II.2/2020, dated 28.05.2022 to revise the integrated/common seniority list of DyEEs as per the following criteria:
i) with reference to the date of first appointment in the category of DyEE;
ii) where the dates of first appointment in the category of DyEEs are same in different units of appointment, with reference to seniority in the feeder category to the category of DyEE provided the inter se seniority of the persons belonging to the same unit of appointment shall not be disturbed.21
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13) At this stage, Telangana Irrigation Graduate Engineers' Association in its letter dated 02.07.2022 has stated that respondent No.2 has violated the well established practice of integration and therefore requested to re-consider for keeping abeyance/cancellation of impugned memo dated 28.05.2022 to avoid legal issues and for the benefit of retired and working Engineers of Zone V and VI. The Committee after examining both i.e. impugned memo dated 28.05.2022 and the representation dated 02.07.2022 has observed that the proposals for adhoc promotions submitted to the Government on 27.01.2022 are based on the methodology adopted in the combined State of Andhra Pradesh and it was in advance stage of approval and thereby recommended to adopt the same integration methodology treating it as only adhoc promotion, subject to finalization of regular promotions by Government of Andhra Pradesh as per the orders of this Court in W.P.37131 of 2017 & batch and further opined that the impugned memo dated 28.05.2022 and the representations received for implementation of the same would be examined at the later earliest possible date without hampering the process of adhoc promotions already taken up, as the same are received after 22 PK,J wp_16971_2024 processing the file and promotions proposed are only adhoc basis subject to finalization of seniority list by the State of Andhra Pradesh. Thus, the Committee has directed respondent No.2 to address the Government to approve the adhoc promotion proposals already submitted on 27.01.2022 in respect of Zone V and VI (retired and working).
14) Accordingly, respondent No.1 has issued orders vide G.O.Rt.Nos.323, 324, 325 and 326, I&CAD (Ser.II), dated 29.09.2022 according notional promotions in the categories of EEs, SEs, CEs and ENCs respectively purely on adhoc basis by taking into consideration the adhoc seniority list of DyEEs prepared by respondent No.2 subject to outcome of the finalization of seniority list and promotions up to 01.06.2014 by Government of Andhra Pradesh as per the orders of this Court in W.P. No.37131 of 2017 & batch.
15) The lis in the present writ petition is that respondent No.1 has issued the impugned memo dated 28.05.2022 stating that as observed from the integrated seniority list of Dy.EEs furnished for according adhoc promotions, where the dates of appointments to the cadre of Dy.EE are same, he has picked up 23 PK,J wp_16971_2024 one individual each from different Units of appointment and integrated, which is not supported by any provision of law, due to which, the seniors became juniors and juniors became seniors. In other words, certain individuals of 1993 batch of direct recruits were placed above 1992 batch direct recruits; 1995 batch recruits over 1994 batch recruits; 2005 batch recruits over 2004 batch recruits; 2007 batch recruits over 2005 batch recruits and the same deprived the seniors of their further promotions and thereby the first respondent has decided and ordered to revise the integrated/common seniority list of Dy.EEs, as per the criteria referred in the preceding paras.
16) Here, it is pertinent to note that admittedly, petitioner Nos.1, 2, 4 were also promoted from SE to CEs on the basis of the integrated seniority list along with other eligible candidates while petitioner Nos.3 and 5 were promoted from Executive Engineer to SE vide G.O.Rt.Nos.323, 324, 325 and 326, I&CAD (Ser.II), dated 29.09.2022, and now it is proposed to revise the adhoc seniority list prepared by respondent No.2 in accordance with Rules 33 and 34 of Telangana State and Subordinate Service Rules, 1996, and with prospective effect only, for the 24 PK,J wp_16971_2024 purpose of effecting future promotions to the categories of DyEEs and above without revising/reviewing the adhoc notional promotions accorded in the year 2022. Further, it is the specific assertions of the learned Government Pleader that the petitioners will not be reverted to the lower post from their present promotion post.
17) In view of the above, this Court is of the opinion that all the petitioners have got the benefit of promotion on adhoc basis to the higher cadre in the year 2022 along with other eligible candidates, based on the integrated seniority list, subject to finalization of the seniority list by the Government of Andhra Pradesh upto 02.06.2014 and they failed to explain as to how they are aggrieved by the impugned Memo No.11656/Ser.II.2/ 2020, dated 28.05.2022, and Memo No.11656/Ser.II/A1/2020, dated 21.06.2024, issued by respondent No.1, by which the respondents proposed to revise the seniority list in accordance with Rules 33 and 34 of The Telangana State and Subordinate Service Rules, 1996, that too when the official respondents have specifically asserted that the revision sought for is only for the 25 PK,J wp_16971_2024 purpose of effecting future promotions and the petitioners will not be reverted to lower cadres.
18) For the afore-mentioned reasons, this Court does not see any error or irregularity in the impugned Memo No.11656/Ser.II.2/2020, dated 28.05.2022, and Memo No.11656/Ser.II/A1/2020, dated 21.06.2024, issued by respondent No.1 and the Writ Petition is liable to be dismissed.
19) Accordingly, the writ petition is dismissed.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No order as to costs.
____________________________ JUSTICE PULLA KARTHIK Date : 10-01-2025 YVL/sur Issue C.C. by 22.01.2025