M.Sreeramulu S/O M.Veerabhadraih v. The Ap State Housing Corporation Ltd
IN THE HIGH COURT OF JUDICATURE, AT HYDERABAD
FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH **** HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO. 4158 OF 2016 Between:
M. Sreeramulu S/o Veerabhadraiah and one another ....Petitioners A n d The A.P. State Housing Corporation Limited represented by its Managing Director and one another ....Respondents DATE OF DISPOSAL: 11.02.2016
HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO. 4158 OF 2016 ORDER:
Petitioners joined service in the respondent-Corporation on 22.4.1986 and 21.9.1987 respectively as Non-Technical Work Inspectors. Their services were regularised with effect from 13.11.1991 and 8.8.1996 respectively. Petitioners claimed, during the course of their service with due permission, petitioners studied Diploma in Civil Engineering in the Institute of Civil Engineers (India) Ludhiana as private candidates during the year 2010 and 2012 respectively and obtained T Engineering (Civil) Certificate which is equivalent to Diploma in Civil Engineering. Petitioners represented for conversion to Technical Work Inspectors cadre as a consequent to the acquirement of above additional qualification. The said request of the petitioners is rejected vide impugned proceedings dated 14.12.2015. These
proceedings are challenged in the Writ Petition.
2. Learned counsel appearing for petitioners submitted that the certificate awarded to the petitioners is valid and petitioners are entitled to conversion on account of additional qualification acquired by them while in service. Their request for such conversion was rejected on erroneous ground that in accordance with the clarification issued by the Government of India in their letter dated 10.07.2012, the certificates obtained by the petitioners are not valid. Learned counsel appearing for the petitioners submits that the subsequent clarification issued by the Government of India in their proceedings No. F.No. 11-15/2011-AR (TS.II), Government of India, Ministry of Human Resource Development, Department of Higher Education dated 6.12.2012, Ex.P2 at page 14 of the Writ Petition paper book was not taken note off.
By the said office memorandum, the earlier orders dated 10.7.2012 were modified and it is clarified that the students who have enrolled with the institutions with permanent recognition upto 31.5.2013 would be eligible for consideration in accordance with Ministry of Human Resource Development Orders in force treating it as equivalent to secure Central Government jobs. Learned counsel for petitioners submits that if the above memorandum was considered, the claim of the petitioners could not have been rejected.
3. Learned Standing Counsel submits that this Office Memorandum dated 6.12.2012 was not brought to the notice of the respondent-Corporation and fairly submits that having regard to the fact that the subsequent clarification is issued the matter would be reconsidered.
4. In view of the above submissions, this Writ Petition is disposed of directing the first respondent to re-consider the claim of the petitioners for conversion as Technical Work Inspectors by duly taking note of Office Memorandum of Government of India dated 6.12.2012 and pass appropriate orders afresh, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, pending if any, shall stand closed. ______________________ P. NAVEEN RAO, J
Date: 11.2.2016 KA