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4. The facts which are germane for consideration are:

Petitioner is stated to have been appointed as Tracer/Technical Assistant in 2005 based on ITI DM Civil qualification and subsequently, was promoted up to the post of Junior Technical Officer in 2007, Assistant Technical Officer in 2009 and Technical Officer in 2014. While so, the 2nd respondent - Engineer-in-Chief (Admn.), Irrigation and CAD Department issued Circular Memo dated 24.07.2017 to the effect that promotions given to Technical Assistants without insisting for qualification prescribed for the post vide Government Memos dated 01.01.2008 and 06.08.2016 is against Rules, hence, cancelled the promotions issued earlier and reverted all such individuals to the post of Technical Assistant after a lapse of ten years and further promotion orders were cancelled with immediate effect. Aggrieved by the said Circular Memo dated 24.07.2017, a group of individuals filed Writ Petition No. 30249 of 2017 wherein this Court granted interim suspension on 11.09.2017 of the Circular Memo and the respective Reversion orders and the said interim order was extended until further orders on 16.10.2017.

Petitioner states that G.O.Ms.No. 2466, dated 06.09.1956 clearly recognizes a pass in draughtsmanship (civil) course under the revised syllabus introduced from July 1952 as sufficient qualification for appointment as Draughtsman II (Junior Technical Officer), Draughtsman III (Assistant Technical Officer) when LCE are not available and the said G.O. was further clarified vide Memo dated 13.05.1967. Circular Memo dated 24.07.2017 refers to a clarification issued by the Government in Memo dated 01.01.2008 wherein Technical Assistant (Tracers) who put in not less than ten years experience in the cadre of Tracer can be promoted to the category of Junior Technical Officer (DM Gr.III) without insisting for qualifications for the post. In view of the same and also in view of subsistence of G.O.Ms.No. 2466, dated 06.09.1956, impugned order is liable to the set aside. According to petitioner, insistence for ten years of service in the said Memo dated 01.01.2008 applies only to those who do not have the requisite qualification for promotion to Junior Technical Officer and it does not apply to them as ITI DM(Civil) has been recognized as sufficient qualification as per G.O.Ms.No. 2466.

6. The 3rd respondent filed counter stating that petitioner was appointed as Technical Assistant on 07.04.2005 on displaced persons quota with SSC, ITI DM Civil qualification; further promoted as JTO (DM III) without completing required service of ten years on 13.09.2007; as DM II (Assistant Technical Officer) on 18.08.2009 and subsequently, as DM I (Technical Officer) on 29.11.2014 by the 3rd respondent. As per the Circular dated 24.07.2017, the said promotions are irregular, hence, it was informed that as per APESS Rules, Government Circular Memo dated 01.01.2008 and Government Memo dated 06.08.2016, the Technical Assistant who put in not less than ten years of experience in the cadre of Tracer can be promoted to the category of JTO without insisting for qualification prescribed for the said post. Further, the 2nd respondent issued instructions regarding promotion from Technical Assistant to JTO, JTO and ATO and TO who were promoted from Technical Assistant to JTO and further promoted to the post of ATO/TO without acquiring requisite qualification / service as per Rules by revising the date of promotion. It is made clear that as per Rule, Technical Assistant with ITI qualification has to be promoted to the post of JTO after completion of ten years of service as Technical Assistant and with the qualification of Diploma after completion of three years. In this regard, this office issued notice to petitioner dated 07.02.2018, but the latter did not submit any objections. Therefore, another memo dated 29.03.2018 was issued.

2003(4) ALD 201 (DB) (2010) 11 SCC 455 (2021) 17 SCC 399

10. In this factual backdrop, it is to be noted that A.P. Engineering Subordinate Service Rules, 1953 (Madras Engineering Subordinate Service Rules) govern the service conditions. Rule 2(4) prescribes the criteria for appointment / promotion to the post of TO, JTO, ATO (earlier Draughtsman Gr. I, II and III). Rule 2(6) prescribes the criteria for appointment / promotion to the post of Technical Assistant (earlier Tracer). Schedule II Referred to in Rule 6 prescribes the qualification required to the post of TO, ATO, JTO and Tracer. The Proviso also states that qualification specified shall not be necessary for appointment as Civil Draughtsman Gr.III in case of Tracers with not less than ten years experience as Tracers. G.O.Ms.No. 2466, dated 06.09.1956 was issued recognizing a pass in Draughtsmanship course as sufficient for appointment to the post of Dr.Gr.III (now JTO).The said G.O. was further clarified in Memo dated 13.05.1967 to the effect that candidates who passed DM(Civil) Course of the revised syllabus introduced in July, 1952 can be appointed if diploma holders are not available and this does not admit of the interpretation that such of those appointed should be ousted as and when diploma holders become available. The government further direct that as in the case supra, who ever services are regularised after appointment, despite the fact that degree holders become available at later date, the services of candidates possessing the DM (Civil) qualification of the revised syllabus introduced from July, 1952 should also be regularised despite the fact that LCE holders become available at later date. Further, Circular Memo dated 24.07.2017 also refers to a clarification issued by the Government in Memo dated 01.01.2008 wherein Technical Assistant (Tracer) who put in not less than ten years experience in the cadre of Tracer, can be promoted to the category of JTO without insisting for qualifications prescribed therefor.