Office of the Engineer-in-Chief (Admn) Water Resources Dept, Vijayawada ENDT No. RC/I IC/A2/512/2019, dated 18.05.2020 Copy of the Government Memo is communicated to the individuals concerned. Sd/- P.V.S. Vara Prasad, 18.05.2020 sngineer-in-Chief (Admn) To All the individuals concerned and with a request to download the Memo along with its enclosures. Copy to the DEE (Computers) O/o Engineer-in-Chief (Admn) for placing the Memo in the web- T. Rows ven Gg aun for Engineer-in-Chief (Admn) AnginFile No.ICD01-MJIR/512/2019-SER-1 GOVERNMENT OF ANDHRA PRADESH WATER RESOURCES (Ser.!) DEPARTMENT ‘Memo,No,MUIR/512/2019-SER-I(1060861). Dated: 14/05/2020 Sub: JEstablishment - Water Resources Deptt. - APIES implementation of the orders dated 22.11.2019 of the Hon'ble| High Court for the State of Telangana in WP No. 37131/2017 land batch and also implementation of the orders dated| [04.02.2020 of the Hon’ble High Court of Andhra Pradesh in| |WP No. 2313 of 2020 - Appeal petitions against the seniority list of AEEs issued by the Engineer-in-Chief (AW), WRD, AP ~| Disposed off - Speaking orders - Issued. Ref: |1. From the Hon'ble High Court for the State of Telangana, lorders dated 22.11.2019 in WP No. 37131/2017 and batch. 2. From the Hon'ble High Court of Andhra Pradesh, orders| dated 04.02.2020 in WP No.2313/2020. eee In compliance to the Hon'ble Supreme Court orders dated: 18.02.2016 (Vishnu Murthy) in CA No. 4142 of 2004, and orders dated 27.09.2016 (16H) in C.A. 9821/2014 and orders 16.07.2008 (Merit) in CA No. 4455 of 2008 and recommendations of the Five Member Committee constituted by the Government vide Memo No.19039/Ser.1/2013, WRD, dated: 23.09.2016, the panels for promotions to the post of Deputy Executive Engineer from 1983-84 onwards were reviewed by the Engineer-in-Chief (Admn), Water Resources Department, Andhra Pradesh and to the post of Executive Engineer and above cadres were reviewed by the Government and issued necessary orders for notional promotion. 2 Aggrieved by the above, the affected candidates of AP and Telangana have approached the Hon'ble High Court by filing WPs, and the Hon'ble High Court for the State of Telangana has pronounced its judgement on 22.11.2019 in W.P.No.37131/2017 and batch, as follows, Para 211 (c): G.O. Rt. No.374, Water Resources (Services. |) Department, dated: 13.07.2017 subsequently issued by the State of Andhra Pradesh constituting a Screening Committee for review of panels for promotion to the posts of Dy. EEs from the panel years 1975-76 to 1998-99 is set aside;File No.ICD04-MJIR/S12/2019-; Para 211(I), The State of A.P rep. by it’s Secretary, Water Resources (Services.!) Dept., and it's Engineer-in-chief (AW), Water Resources Department, State of A.P, Vijayawada are directed to redraw the zonal seniority lists in all zones in the cadres of AEEs and Dy.EEs and the State wide integrated seniority list of Dy.£.. as on 01.06.2014 complying with the judgment in D,vishnu Murthy (1 supra), R.Venkatramudu (2 supra) and Akkena Trinadham (3 supra ); and then effect promotions Zone wise to the vacancies in cadre of Dy.EEs; and thereatter to the Statewide posts of EES, SEs, CEs and Engineer-in-chiets; 3, In pursuance to the above orders of the Hon'ble High Court, the Engineer-in-Chief (Admn), Water Resources Department, AP, Vijayawada has prepared the final seniority list of Assistant Executive Engineers (AEEs) and placed on web-site vide his office Circular Memo.No.RC/ENC/A2/9978699/2019, Dated: 21.01.2020. 4 Aggrieved by the above final seniority list of AEEs, W.P.No. 2313 of 2020 has been filed before the Hon'ble High Court of Andhra Pradesh and the Hon'ble High Court has passed the following orders in the said W.P. on 04.02.2020: “This writ petition is filed seeking to declare the final seniority list ot Assistant Executive Engineers (AEEs) from 1978 PSC to 2007 PSC including A/T Assistant Engineers of Zones | to Zone VI, as illegal. 2. Heard. 3. The counsel for the respondents, at the outset, submits that there is an alternative remedy for the petitioner under Rule 23 of the Andhra Pradesh State & Subordinate Service Rules, 1996, The said fact is not disputed by the petitioner's counsel, but however, his anxiety is that the seniority list may be finalized and the promotions may be effected in the meantime. 4. The counsel for the respondents submits that no promotions are proposed to be effected on the basis of the seniority list. 5. Recording the said submission, the Writ Petition is disposed of with a liberty to the petitioner to approach the appellate authority under Rule 23 of the Andhra Pradesh State & Subordinate ServiceFile No.ICD01-MJIR/512/2019-SER-+I Rules, 1996, As a sequel, the miscellaneous applications pending, if any, shall stand closed”. 5. Aggrieved by the seniority list published by the Engineer-in-Chief (AW), Water Resources Department, AP, Vijayawada and as per the above orders of the Hon'ble High Court of Andhra Pradesh, some of the Engineers (both retired and in service) have submitted appeal petitions / representations to the Government. 6. Government have examined the said Appeal Petitions/ Representations of the Engineers (both retired and in service) in terms of Rule 23 and 26 of A.P.State and Sub-ordinate Service Rules, 1996 and other rules in force and the same are hereby disposed off with replies in the annexure appended. 7. The Engineer-in-Chief (Admn.), Water Resources Department, A.P., Vijayawada is requested to take necessary action for communication of this to all the concerned and take necessary further action in the matter. ADITYA NATH DAS, IAS SPECIAL CHIEF SECRETARY TO GOVT To “Afe Engineer-in-Chief (Admn), Water Resources Department, A.P., Vijayawada. The Engineer-in-Chief (AW), IKCAD Department, Hyderabad, Telangana State for information and necessary action. The individuals concerned through the Engineer-in-Chief (Admn), Water Resources Department, AP, Vijayawada. / 1 FORWARDED : : BY ORDER// Pie ef) =~ SECTION OFFICER Con!File No.JCD01-MJIR/512/2019-SER-| Water Resources (Services-I) Department. Annexure to Memo,No,MJiR/512/2019-SER-[(1060861), Dated:14/05/2020 Replies to Appeals si No. ‘Name ‘Objection 7 Request Reply [Bharath Bhushan Sanghi and P. Ramesh [Sri Bharat Bhushan Sanghi and P. [Ramesh has requested to include our name! in the seniority list of Dy. Executve lEngineer and further by giving absolute] lpreference to the Post Graduate Asst. lExecutive Engineers before issuance o like G.O. Ms. No, 180 dated 29-4-1983} land as per the Engineering service Rules |G.O. Ms No. 285 Dated 22-2-1967 duly| limplementing the Hon'ble High Court| jOrders. ae IBharath Sanghi ls4, ie. IMs. No. The names of Sri Ramesh were come up| Jzone of consideration in the panel year 1983- lo4-1983. Hence PG| preference will be given| 18.09.2007 Bhushan and Sri P| beyond G.O. 180 dated 29+ GO 165, dated] IM. Rama Krishna jand other \Bhandaru Siva Rao) Rama |Absolute preference to the Post Graduatelothers |Asst. Executive Engineers before issuancezone of 1983 and as per the Engineering service|84, ic. JRules G.0. Ms No. 285 Dated 22-2-1967)/Ms. No. las per [The names of Sa M. f the G.O. Ms. No. 180 dated 29-04-lthe panel year 1983. {duly implementing the Hon'ble High Court}04-1983. Hence PG| [Orders ipreference will be given] 18.09.2007 Krishna and} were come up| consideration in| beyond G.O. . 180 dated 29 GO 165, datFile No.ICD01-MJIR/512/2019-SER4 IRayalseema 3 |Engineers AEEs \Association i) The name of Se TBukkapatnam Ravif he lenquiry it is leamt that his local status asjand lass is Zone | name of _ Sil DOB 22.08.1954) changing from Zone ]T-Bukkapatnam — Ravi lio Zone IV without mentioning the(DOB 22.08.1954) may| reasons in the final seniority list. As perbe deleted from zone IV| included in zone 1 lper his studies i.e. From 4th class to 10thlas per his Local Status. The name of Srij \2) The name of Sri TRama Krishnaiah} T.Ramakrishnaiah (DOB 10.07.1946) belongs to Zone Il as(DOB —_10.07.1946)} Iper his local status as he studied from Ist]may be deleted from| (Class to 10th class in Zone III only not}Zone IV and included in} \belongs to Zone IV. Zone VI based on his initial promotion TO. 4 [NRamalinga Rajul [The ‘candidates |G.Ramachandra IRaju 6 PM Viiaval | to Raju 7_|Bh.S.K-Bhagavanlul 8 |K.V.Krishnam LRaju [uD IK.Rama Krishna lof 9 ° 10 [Md._Vudud Ali 11 |VSatyanarayana IRaju 12 [Association of IRayalseema 13 [Engineers AEE LAssociation |revise the final seniority list accordingly. |nd IKAtchuta Rama 4 Raia IRaju/ N. 15 [Ramalinga Raju IV. Satyanarayana lcovered under GO 647| jwere appointed earlie the candidates o 1978 PSC JD Batch, lHowever as per Apex [Court orders 1978 PSC| Batch is considered| is_ Senior Batch. In this} context, for the purpose administrative| nvenience, [To adhere Rule 33 of APS&SS Rules|candidates of G.O 647} lwhile determining —_inter-se-senioritybatch was _assigned| between direct recruit AEEs and|otional dates to protect] ‘appointed AEEs by transfer only from the|their seniority under] litigation Engineers|date of appointment and not from theRule 16(a) read with} lassigned date of regularisation and alsojRule 2(2) of AP State’ Subordinate \Service Rules.File No.ICD01-MJIR/512/2019-SER-4 IRayalseema [Engineers AEEs \Association la service, class, category or grades shall vide 2) Treat the D adre as state cadre in|Ser seniority list in accordance with the \Article 371 D as prescribed by the Hon'ble IHigh Court orders 1) Implement the Rule Nos 33 (a) & 34]there lof GO Ms. No.341, APSS& SR dated|guidelines f [27.01.1997 "The seniority of a poison infpreparation of Statel lpromotions with retrospective effect. — |APSS& 3) To prepare the DEEs panel wise)being followed. are ineering| Rules. As such] S Rules are] Inte, be determined by the date of his first{seniority list of DEEs lappointment to such service, class, [from all zones in AP category or grade Inrigation lear | -erated| ‘South Coastal [To prepare the DEEs panel wise seniority} list in accordance with the Article 371 D [Hon'ble High Coun lorders will nsiness es preserbed "by the Hote High Cou lemented locdors 18 |K.A. Srinivasa al IReddy 19 J.Ramesh Babu 20 [R.Raghu Nath 21 |B.Veera_Kumar 22 |G.V Subramanyam oeeteece SF lM Venkateswmta) 2+ Effective Cadre Strongth not 241R.Satish Kumar, followed while preparation of 35 1B.K Nageswara Final seniority. list of temporary lRao AEEs of G.0 647 and G.0 413 of 26 |s.syam Prasad Batch- | as per G.0 52. ; ee 2, Procedure and provisions contained | urtuance fhe 28. Sree Rama In Par Sete19 SERRA ieee, the adntocty. i Chandra Sin Orders are_not followed in ect (bansen caer 35 [Sesh Babu allotment and seniority of AEES psc (yD) and GO 647] 30 [M-Srinivasa 3. Organization of local cadres as per |Batch of + ABES. [Reddy G.O.P No 728 dt 1-11-1975 and |However, the allotment| 31 |M.Babu_Rao_ other provisions as per GO 67 jof zones to AEEs of 647) 32 |M.V-Krishna_Rao dated 5.2.1977 are not implemented, |Batch as per cade} 33 [NKrishna Rao | 4, As per Presidential Order, ina Zone [strength at this juncture 34]A.S. Bhaskara 60% of candidates are local [of more than 40 years iy \Sarma candidates ond the remaining 40% is(@t Viable. However, 35 |¥.Satya_Srinivas open to all. Violating. this principle, "e Presem" ee 36 [Sei Rama theists prepared Keping al 06 garg aS 37 1G.V.Tiramala candidates in their zone and then [protected. Raju again keeping 368 (Zone Il) 789 SE ITUNAIe Ione (Zone Il) and 5 (Zone IV) over and| above cadre strength which isFile No.ICD01-MJIR/512/2019-SER+ 39. [TSuresh Babu violation of Article 371 D of the [D.Ananda Kumar Constitution and Presidential Orders Ik. Ramesh IkP_ San a Rao Senior Engineers lof Zone 2 &3 IN. PullaRoo | IP. Tagan Mohan [Rao 46 JL. Rajeshwar dy [To revise the dates of all the candidates} jof LR batch, GO 647 including A/Ts| (1691 AEEs) to the next date after the last candidate of 1.J.Divakar's batch in the| ‘corresponding zone as per the Hon'ble| Supreme Court. = Orders. i [D.Vishnumurthy’s case read with GS Venkat Reddy’s case and republish the seniority list of ABEs. [The proposal for [relaxation of Rule 33) (@) of APS & SS Rules, 1996 in favour 1978) PSC IID Batch to Jpcotect their seniority, wer and above the) temporary — Engineers} fregularised under |G.0.647 and Upgradeq| [Supervisors is under onsideration of the |Government. ADITYA NATH DAS, IAS SPECIAL CHIEF SECRETARY TO GOVT