B. VENKATA REDDY AND OTHERS ETC versus STATE OF ANDHRA PRADESH AND OTHERS

Citation: [1983] 3 S.C.R. 545 · Decided: 08-08-1983 · Supreme Court of India · Bench: Y.V. CHANDRACHUD · Disposal: Case Partly allowed

Judgment (excerpt)

( 
' 
.,,_. 
B. VENKATA REDDY AND OTHERS ETC. 
v. 
STATB OF ANDHRA ~RADESH AND OTHERS 
August 8, 1983 
[V. v. CHANDRACHUD, c. J., A. VARADARAJAN ANO 
' 
AMARENDRA NATH SEN, JJ.J 
S4S 
(Andhra Pradesh) Adhoc Rules, 1973 framed in G.O. Ms. 939, Education, 
dated 19-9-1973-lnterpretation of-Rule 13(1)-lnartistica/ly worded-must be 
read with Rule 3(1) & (2) otherwi1t thisrule /eads to disharmony. 
(Andhra Pradesh) Adhoe Rules, 1974/ramed In G.O. Ms. 502, Education 
dated 19·6-1974, Rule 6-Va/idity of. 
Andhra Pradesh State and Subordinate Services Ru/18-Rule 35(c)-
Scope of. 
Pursuant to tho policy decision taken by the Andhra Pradesh Govern-
ment in 1964 that the secondary school duration should b~ 10 years instead of 
11 years and it should be followed by a two years' intermediate course, the 
Government decided in G.0. Ms. 1920, Education, dated 25.10.1968 that 
in the existing colleges the two years' intermediate course should be intro· 
duced and laid down in G.O. Ms. 2063, Education, dated 25.8.69 the staff 
pattern and pay scales of staff 1n Junior Colleges started for the two years' 
intermediate course. In G.O. Ms. 2186, Education, dated 17.9.1969 the 
Government issued instructions regardina: the absorption of Post .Graduate 
teachers in Junior Colleges on the basis of the Post-Graduate degree and th1 
number of years of service rendered by them. It was stated in that G.O. that 
all the existing Post Graduates who will be absorbed as Junior Lecturers in 
Junior Colleges will be appointed temporarily as Junior Lecturers pendina 
framing of adhoc rules in due course. The Government ordered in G.O. Ms_. 
1147, Education, dated 4.6.1970 that in the common seniority list first rank 
should be given only to those who have secured first and second class Post· 
Graduatedegree. On 19.9.1973 the Government framed Adhoc Rules, 1973 
with retrospective effect Crom 1.8.1969 for the temporary post of Junior 
Lecturers in Junior Colleges. Rule 13 of the Adhoc Rules, 1973 says that 
seniority of Post Graduate Assistants appointed as Junior Lecturers shall.bi 
· determined with reference to the dates of their actual appointment as Post 
Graduate Assistants. Rule 3 ·states that post-graduates with first Or second 
class degree! are to be given preference over PoSt-Graduates · holding third 
class degrees. On 19.6.1974 the Government framed Adhoc Rules, 1974 for 
the temporary posts of principals of Junior Colleges with retrospective effect 
from 1.8.1969. Rule 6 of the Adhoc Rules, 1974 prescribes ·first or second 
class Post·Graduate degree for promotion of Junior Lecturers to the posts of 
Principals of Junior Colleges. Rule 8 of the Adhoc Rules 1974 says that a 
person who held the post of Prjncipal of a Juniof Colle~ immediateJr befo~ 
A· 
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F 
G 
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546 
SUPREME COURT REPORTS 
[1983i 3 s.c.!l. 
the issue of these Rules shall be continued as Principal and given option either 
i\ 
to continue in t~e post of Priricipal or to re"'.ert to his original post. 
B 
c 
D 
E 
F 
G 
H 
The appellants in Civil Appeals l652-J659 of 1978 who were working as 
Post-Graduate Assistants and were, first or second class Post-Graduate degree 
holders were ·appointed as Junior lecturers in 1969. Soon after the Adhoc 
Rules, 1973 were framed the second respondent, Joint Director of Higher 
Education, prepared a silbjectwiSe seniority list in 1974 and on the basis of 
their seniorjty in that seniority list all the appellants except one were proqioted 
as Principals of different Junior Colleges. The first respondent State, under 
the directions of the High Court ·in a separate proceeding to prepare the 
seniority list as per Rule 13(1) of ~the Adhoc Rules, 1973, prepared a revised 
seniority Jist in 1976 in which respondents 3 ·to 8, who were third c1ass Post· 
Graduate degree holaers and were appointed as Junior Lecturers in 1970 and 
1975 were pi aced as seniors to the appellants. The appellants as petitioners 
filed petitions in the Administrative Tribunal for quashing the revised seniority 
list of 1976 and restoring the earlier seniority list of 1974 or in the alternative 
for declaring that Rule 13(1) of the Adhoc Rules, 1973 is Violative of Articles 
14 and 16 of the Constitution. ·The petitioners contended· that under the 
Adhoc Rules Post-Graduate .Assistants with first clod second class Post-
Graduate degrees should be treated as one group and as senior to Post-
Graduate Assistants With third class Post-Graduate degrees~ The Tribu

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