LexCHALLA JAYA BHASKAR & ORS. versus THUNGATHURTHI SURENDER & ORS.
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[2010] 13 (ADDL.) S.C.R. 643 CHALLA JAYA BHASKAR & ORS. v. THUNGATHURTHI SURENDER & ORS. (Civil Appeal Nos. 5579-5586 of 2001 etc.) OCTOBER 19, 2010 [ALTAMAS KABIR AND DR. MUKUNDAKAM SHARMA, JJ.] Service Law: A B c Seniority - Determination of - In State Medical and H3alth Services - Initially single cadre for teaching and non- teaching purposes in Medical Colleges - Candidates obtaining post-graduate qualification given the task of teaching - Rules amended making separate teaching and 0 non-teaching cadres - Qualification for non-teaching cadre was graduate degree and for teaching cadre post-graduate degree - Candidates from non-teaching cadre obtaining lateral transfer to teaching cadre on acquiring post-graduate qualification - Claim for taking into account their service as E non-teaching staff, for computing seniority in the teaching cadre - Held: The period of service of such candidates as non-teaching staff cannot be taken into account for computing their seniority in the teaching cadre - Andhra Pradesh Medical and Health Services Rules, 1982. F The medical service under the Medical and Health Department was governed by Andhra Pradesh Medical and Health Services Rules framed under proviso to Article 309 of the Constitution of India and issued under G.O. Ms. No. 43 dated 16.1.1982. Under the Rules, there was G provision only for the post of Civil Assistant Surgeons, both for teaching and non-teaching purposes, in the medical colleges and there was no post of Assistant Professor. The Civil Assistant Surgeons who had 643 644 SUPREME COURT REPORTS [2010] 13 (ADDL.) S.C.R. A acquired Post-Graduate qualification used to be given the task of teaching in the colleges. As this method was contrary to the Rules and Regulations, on the intervention of the Medical Council of India, the Rules were amended by G.O. M. No. 182 dated 29.3.1988 making separate B provisions for teaching and the non-teaching cadre. Under the amended Rules, the teaching cadre was separately constituted into a new cadres strength designated as Assistant Professors, and the non-teaching posts were separately categorized as Civil Assistant c Surgeons. The qualifications for the two posts were different. No channel was provided for interchangeability between these two cadres. Vacancies arose for the post of Associate Professors, and as the Department was not implementing the Rules, State Administrative Tribunal 0 was moved. The Tribunal directed the Department to strictly follow the Rules issued under G.O. M. No. 154 dated 4.5.2002. The Civil Assistant Surgeons, including the respondents, who were subsequently included in the E teaching cadre, after acquiring post-graduation qualification, claimed that for reckoning seniority in the teaching cadre their past services as non-teaching staff should also be taken into consideration. F The question for consideration in the instant cases was whether the Civil Assistant Surgeons with only M.B.B.S. qualification were entitled to seniority over those appointed as Assistant Professors from Civil Assistant Surgeons, already having Post-Graduate qualification, G but were appointed after those Civil Assistant Surgeons with only M.B.B.S. qualifications. H Allowing the appeals and the writ petition, the Court HELD: 1. It is not correct to say that the candidates, CHALLA JAYA BHASKAR & ORS. v. 645 THUNGATHURTHISURENDER who had obtained lateral transfer from the non-teaching A to the teaching line, would be entitled to carry their period of service as non-teaching staff for the purpose of computing their seniority in the cadre of Assistant Professors, since the basic qualification for being appointed as Assistant Professors in the teaching line B was a Post-Graduate degree, which the respondents acquired during the course of their service as Civil Assistant Surgeons and were thereafter transferred to the teaching line. Although there was no formal separation between teaching and non-teaching staff, there was this c existing distinction that those belonging to the non- teaching line could not be appointed in the teaching line till they had acquired the Post-Graduate degree. This distinction always remained till 1988, when teaching and non-teaching posts were treated as different cadres and 0 the seniority in the teaching cadre was calculated from the date of their appointment as Assistant Professors. Even if the feeder post
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