Retrospective regularization of engineers contrary to GO: HC

The Telangana High Court held that the retrospective regularization of 27 non-PSC Assistant Engineers from April 1, 2008, was contrary to a Government Order that permitted regularization only with prospective effect. The judge directed the authorities to reconsider the seniority of directly recruited Assistant Engineers. Justice Namavarapu Rajeshwar Rao was dealing with a writ petition filed by Revuri Preethi and seven others, who were directly recruited as Assistant Engineers through the APPSC in 2011 and subsequently allotted to Telangana following bifurcation.

The petitioners challenged the placement of non-PSC candidates, who were appointed as Assistant Engineers by transfer under the 20% promotion quota, above the 2011 batch in the seniority lists. Senior Counsel G. Vidya Sagar appearing for the petitioners contended that government order of March 2012 prescribed an 80:20 ratio between direct recruitment and promotions, and that the respondents failed to follow the prescribed quota while preparing the seniority lists.

They further argued that government order of July 2017 permitted relaxation and regularization only as a one-time measure with prospective effect. The State contended that the non-PSC candidates were promoted as Assistant Engineers before the bifurcation of the department and that their regularization with effect from April 1, 2008, was in accordance with the applicable rules. It also argued that their placement above the petitioners did not affect the future promotional prospects of the direct recruits.

The judge observed that the government order of July 2017 expressly provided for regularization with prospective effect from the date of its issuance. However, the authorities regularized the services of 27 candidates retrospectively from April 1, 2008, contrary to the terms of the Government Order. The judge held that their regularization could take effect only from July 2017, and not from April 1, 2008. The judge also noted that the respondents had not properly explained the retrospective regularization or demonstrated compliance with the 80:20 quota prescribed under government order. Accordingly, the judge directed the authorities to reconsider the case of the petitioners by revising the provisional seniority lists of December 2015 and October 2017, in accordance with government orders passed earlier and pass appropriate orders within four months.