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Repatriation of PR engineers quashed
A two-judge bench of the Service Tribunal at Hyderabad comprising Justice S Govindarajulu, Chairman and Ratna Kishore quashed repatriation orders issued to various Deputy Executive Engineers of PR Department pursuant to GO 610 as being contrary to law.
Hyderabad: A two-judge bench of the Service Tribunal at Hyderabad comprising Justice S Govindarajulu, Chairman and Ratna Kishore quashed repatriation orders issued to various Deputy Executive Engineers of PR Department pursuant to GO 610 as being contrary to law.
The bench ruled that it could not be applied retrospectively. The bench directed the Governments of Andhra Pradesh and Telangana to issue a fresh seniority list by deleting those DEE who were illegally repatriated to Zone VI (Hyderabad and Ranga Reddy) on the ground of violation of Presidential Order.
The bench was dealing with an application filed by G Ramulu and 5 other Deputy Executive Engineers in PR Department in Zone VI questioning the order GO No 397 which was issued in 2008 whereby several other Assistant Executive Engineers/Deputy Executive Engineers working in other Zones were repatriated to Zone VI and who were shown as seniors to these persons working in the said zone already as contrary to law.
The action of the government was based upon GO 610 which stipulated that any person who was appointed in contravention to the Presidential order, should be repatriated back to his parent zone. Pursuant to this, the government had issued amendment to the method of appointment during 2002 and applied such an amendment with retrospective effect from 1975.
Based on this subsequent amendment, the Panchayat Raj Department had issued the impugned order repatriating several Engineers from other Zones to Zone VI and from Zone VI to other zones. Dr K Lakshmi Narasimha, Counsel for the Petitioners successfully pointed out that the Government had illegally applied this subsequent method of appointment retrospectively and based on such illegal action several persons working in other zones were repatriated to Zone VI and were placed above the persons who were legally and validly appointed strictly as per rules.
Dr Lakshmi Narasimha also argued that the subsequent method of appointment framed during the year 2002 can only be prospective. The bench declared that such an action on the part of the State Government by applying such a method of appointment retrospectively was wholly illegal and unconstitutional and as without jurisdiction. Further the APAT had directed the Governments to issue a fresh seniority list by deleting these persons, who were illegally repatriated to Zone VI, and review all promotions made so far.
