BAQAR HUSSAIN AND ORS. ETC. ETC. versus ZILLA PARISHAD, MEDAK ETC. ETC.

Citation: [1992] 2 S.C.R. 862 · Decided: 28-04-1992 · Supreme Court of India · Bench: L.M. SHARMA · Disposal: Disposed off

Judgment (excerpt)

A 
B 
c 
D 
E 
F 
G 
H 
BAQAR HUSSAIN AND ORS. ETC. ETC. 
v. 
ZILLA PARISHAD, MEDAK ETC. ETC. 
APRIL 28, 1992 
[LAUT MOHAN SHARMA AND M. FATHIMA BEEVI, JJ.] 
A.P. Panchayat Samithis and Zilla Parishads Act, 1959: Section 69. 
A.P. Panchayat Samithis and Zilla Parishads Ministerial Service Rules, 
1965-Rule 4-Provis~nterpretation of-Zilla Parishads and Panchayat 
Samithis-Employees-Seniority and promotion-Passing of Accounts Test 
made compulsory for promotion-Time granted and extended for passing the 
Test-Employees temporarily promoted prior to issue of Rules and passing 
the Test within extended period-Employees promoted prior to issue of Rules 
but passing the Test before extended period-Seniority between-How reek-
oned. 
The Andhra Pradesh Panchayat Samithis and Zilla Parishads Min-
isterial Service Rules, 1965 were issued on 15.3.1965. Rule 4 of the said 
rules prescribes the qualifications for appointment to the various 
categories of employees of Panchayat Samithis and Zilla Parishads. Under 
this rule passing of Account Test was made a prerequisite qualification 
from 15.3.1965 for the typists, lower division clerks etc. working in the 
Telangana area for promotion to the post of Upper Division Clerks, 
Superintendents and Managers. Since many employees had not acquired 
the test qualification and were liable to be reverted, the Government by its 
order N~. G.O.Ms.No. 487 granted two years time from 7.8.1967 to 7 .8.1969 
to enable them to pass the Account Test. The time allowed for two years 
was extended from time to time and finally up to November 1974. By a 
notification No. G.O.Ms. No.822 P.R. dated 22.8.1977, Rule 4 was amende~. 
The first proviso to the amended rule provided that services in the catego'/y 
of Upper Division Clerks and such of the Lower Division Clerks who were 
temporarily promoted as Upper Division Clerks and Senior Accountants 
prior to 15.3.1965 but passed the Account Test before 30th November, 1974 
shall be ~larised -from the date of their first temporary promotion or 
from a subsequent date~ Under second proviso such regularisation was not 
to affect the seniority and promotions to higher posts ordered in accord· 
862 
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BAQAR HUSSAIN v. ZILLA PARIS HAD 
863 
ance with rules in favour of those who passed the Account Test before A 
~-
7.8.1967. 
The appellants, initially appointed as Lower Division Clerks in Zilla 
Parishads, were promoted as Upper Division Clerks during 1960 to 1963. 
They passed the Account Test after 7.8.1967 but before November, 1974. 
The respondents were promoted as Upper Division Clerks before 1965 but 
they passed the Test before '7.8.1967. In the seniority list the appellants 
B 
were placed above the respondents and in due course were promoted as 
Superiptendents and Managers. The respondents claimed seniority.and 
promotions over the appellants on the ground that they have passed the 
Account Test before 7.8.1967 while the appellants have passed the Test C 
after 7.8.1967 and therefore they were entitled for promotion to the higher 
posts before the appellants. 
The Administrative Tribunal allowed the respondents' claim by hold· 
ing that persons who were not qualified up to 7.8.1967 and who got the 
benefit of the notification dated 22.8.1977 have to be treated as juniors to D 
those having passed the Account Test before 7.8.1967 were fully qualified 
for regular appointment as Upper Division Clerks irrespective of whether 
such persons were appointed to the posts of Upper Division Clerks 
regularly by 22.8.1977 or not. 
In appeals to this Court it was contended on behalf of the appellants 
that the interpretation placed on the 2nd proviso to ~ule 4 by the Tribunal 
E 
is wrong; (2) since time was granted for passing the prescribed test the 
appellants who were promoted before passing the Account Test must be 
deemed to have been qualified even at the time of the first appointment on 
their passing the Account Test; (3) that the respondents were also F 
promoted as Upper Division Clerks before they passed the test and their 
passing the test before the extended time did not confer on them any right 
of seniority when they were juniors to the appellants in the category of 
Lower Division Clerks. 
Disposing the appeals, this Court, 
HELD : l, The intention of the Government in issuing the second 
proviso in G.O.Ms.No.822 P.R. dated 22.8.1977 is to protect only those who 
passed the Account Test before 7.8.1967 and whose 

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