Deputy ex. engineers posts: HC upholds GO 112 of irrigation department

HYDERABAD: The Telangana High Court on Wednesday upheld GO 112 issued by irrigation and command area development department (dt.26.03.2022) ordering that senior assistant engineers, who have completed 11 years in the category of assistant engineers by end of 2021, shall be considered for promotion to the category of deputy executive engineers.

The said GO is benefitting senior assistant engineers as it exempts Rules 3 and 7(v) of Telangana Irrigation Engineering Service Rules, 2018. This was challenged before the High Court by some in the cadre of assistant engineers, who, being diploma engineers, were initially appointed as technical assistants and subsequently promoted as assistant engineers. Other petitioners included direct recruits to the post of assistant executive engineer, who joined in November-December 2008.

The petitioners contended that the government cannot exercise orders in an arbitrary manner so as to dispense with the procedure of selection in its entirety in respect of a particular class. They further argued that the state as a model employer has to be fair and just in its approach and it cannot exercise the power arbitrarily without due regard to Articles 14 and 16 of the Constitution.

However, Justice P. Madhavi Devi did not agree with the contentions of the petitioners and observed that the government is empowered to relax rules provided it is done in a just and equitable manner. The court found the relaxation of rules as a one-time measure.