LexG.S. VENKAT AND ORS. ETC. ETC. versus GOVERNMENT OF ANDHRA PRADESH AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
G.S. VENKAT AND ORS. ETC. ETC.
v.
GOVERNMENT OF ANDHRA PRADESH AND ORS.
JULY 16, 1993
B
[A.M. AHMADI, M.M. PUNCHHI AND K. RAMASWAMY, JJ.]
A11dhra Pradesh State and Subordi11ate Service Rules: Rules lO(a)( l)(i)
and 33(a)-G.O. Ms. No. 647 d~ted 14.9.79-Supervisor redesignated after
acquiri11g Engineeri11g degree-<Jraduate Junior Engi11eers temporarily ap-
C pointed on ad-hoc basis and regularised-fnter-se seniority-{Jpgraded Junior
Engineers-Whether could claim seniority over Temporary Junior En-
gineers-'Last regular appointment'-Meaning of
Rule 22(e) & G.O. Ms. No. 647 dated 14.9.1979 Limited recmitment
for SC/ST-Whether could be said to be nonnal recmitment and equated to
D 'regular appointment'.
The Respondent-State imposed a ban against regular appointments
through Public Service Commission, by its order dated 18.8.1970. To
overcome the ban different departments resorted to temporary recruit-
E ment under Rule 19(a)(i) of the Andhra Pradesh State and Subordinate
Service Rule (Rules) to fill up vacancies in their respective engineering
services. Respondent Nos.3 to 43 were accordingly recruited on temporary
and adhoc basis as Junior Engineers between 1971 and 1973. The State
Government decided to regularise the services of these temporary Junior
Engineers who had completed two years service as on 1.1.1973 by putting
F them to Special Qualifying Test (SQT) to be conducted by the Public
Service Commission(PSC). The PSC conducted the SQT and those who
cleared the SQT were absorbed in regular service.
Those Temporary Junior Engineers who failed to clear the SQT and
those who were ineligible to appear at the SQT because of the two year
G rule, represented to the Government for their regularisation also. Other
temporary adhoc employees in administrative and oth~r branches ofthe
State Government too pressed for regularisation of their services. Pur-
suant thereto the State Government decided that all temporary empoyees
appointed by direct recruitment in any category of posts at all levels and
H continuing in service as on 9.8.1979 would be regularised without subject·
292
•
J
G.S. VENKAT v. aovr. OF A.P.
293
ing them to any written or oral test. Orders were issued accordingly, on A
14.9.1979. The validity of these orders was upheld by this Court in /.J.
Diwakar v. State of Andhra Pradesh, [1983] 3 SCC 341.
The appellants were initially appointed as Supervisors as they were
not graduates. Their pay scale was slightly lower than that of Junior
Engineers which post required the minimum entry qualification of gradua-
tion. Both the posts of Supervisor and Junior Engineer, were non-gazetted
posts till Junior Engineers were made gazetted by order dated 7 .6.1976
with retrospective effect from 28.2.1972. Supervisors who acquired a degree
B
in Engineering were redesignated as Junior Engineers. Till the Junior
Engineers were made Gazetted a common seniority list was maintained of C
Supervisors and Junior Engineers. However, after the conferment of
gazetted status to Junior Engineers, the rule which provided for redesig-
nation of Supervisors as Junior Engineers on their graduation was omitted
with effect from 28.2.1972. The net effect of these changes was that Super-
visors who were designated Junior Engineers on their graduation prior to D
28.2.1972 acquired gazetted status whereas those who graduated after
28.2.72 but before 7.6.1976 and redesignated Junior Engineers were placed
in the category of non-gazetted and continued to belong to the Subordinate
Service of the State. Such Supervisors could become Junior Engineers by
transfer only. The further promotion as Assistant Engineer was on the
basis of percentage or quota fixed for Supervisors and Junior Engineers.
The affected Supervisors made representations to Government and
E
the Government ordered that snch Supervisors who had acquired graduate
qualification while in service should be appointed temporarily as Junior
Engineers with effect from 10.6.1976, and that l/3rd of the service rendered F
by them as Supervisors before promotion as Junior Engineers subject to
a maximum of 4 years would be counted for promotion as Assistant
Engineers. Accordingly the Government fixed the inter-se seniority and
showed the upgraded Junior Engineers as seniors to the Junior Engineers
regnlarised earlier. Both the provisional seniority list and the final
seniority list issued by the State Government were sucessfully challengExcerpt shown. Read the full judgment & AI analysis in Lexace.