GOVERNMENT OF A.P. AND ANR. versus Y. SAGARESWARA RAO

Citation: [1994] SUPP. 3 S.C.R. 112 · Decided: 05-09-1994 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Dismissed

Judgment (excerpt)

A 
B 
c 
GOVERNMENT OF A.P. AND ANR. 
v. 
Y. SAGARESWARA RAO 
SEPTEMBER 5, 1994 
[K. RAMASWAMY AND N. VENKATACHALA, JJ.] 
Service Law : A.P. Mandal Development Officers in A.P. Panchayat 
Raj Service (Executive Branch) Adhoc Rules, 1989/A.P. State and Subor-
dinate Service Rules : 
Rule 2/Rule 33(c}-Appointment to the post of Mandal Development 
Officers by transfer of officers from erstwhile Zilla Praja Parishad and 
Panchayat Samithies-Seniority-Counting of Past service-Absorbed with 
benefit of previous experience-Veterinary Assistant Surgeons (Extension Of-
ficers) in the same grade (Gazetted) and in the same scale of pay-Claim 
D benefit of past service-Held: Entitled .to tag previous service. 
Consequent upon the re-organisation of Panchayat Raj System, the 
Mandal Development Officers in A.P. Panchayat Raj Service (Executive 
Branch) Adhoc Rules were framed. Rule 2 thereof prescribed the methods 
E 
of appointment to the post of Mandal Development Officers, by transfer 
of Superintendents in Zilla Praja Parisbad Officer, Divisional Pancbayat 
Officers and Extension Officers of erstwhile Pancbayat Samithies. Can-
didates were selected by a Selection Committee on the basis of written 
examination and viva voce, and appointed as Mandal Development Of-
F 
ficers and their inter se seniority was determined. 
Respondent, who ·was earlier working as Veterinary Asstt. Surgeon 
(Extension Officer) Challenged the order before the State Administrative 
Tribunal claiming benefit of past service on par with Block Development 
Officers who were also Gazetted Officers and in the same scale of pay and 
G in their absorption were given the benefit of past service. The Tribunal 
allowed the claim, against which the State preferred the present appeal. 
It was contended that the Extension Officers were subordinate to the 
Block Development Officen and since the Selection Committee bad as-
signed the order of seniority on the basis of merit, the Respondent cannot 
H be given seniority tagging bis previous service. 
· · 
112 
oovr. OF AP. v. Y.S. RAO 
113 
Dismissing the appeal, this Court 
HELD : 1.1. In G.O. Ms. No. 2/9 Panchayatht Raj Department dated 
June 17, 1972 amendment was made to the Rules taking out the Asstt. 
Veterinary Surgeons from the purview of the Extension Omcers. In G.O. 
A 
Ms. No. 169 Panchayathi Raj dated July 3, 1973 the posts of Asstt. 
Veterinary Surgeons had been made Gazetted and consequently they have B 
been taken out from the pumew of the administrative control of the Block 
Development Officers. As such the Veterinary Asstt. Surgeons no longer 
remained to be subordinate to the Block Development Officer. Their pay · 
scale was at par with the Block Development Officers. Under the cir· 
cumstances the respondent is entitled. to tag his previous service since C 
admittedly the B.D.Os. were given benefit and the appointment is by 
transfer though by process of selection, Rule 33(c) of the A.P. State and 
Subordinate Services Rules stands attracted. [114-G-H; 115-A~B] 
1.2. However, the benefit of this order cannot go to the other subor· 
dinate Extension Officers who continued to be subordinates to the D 
. erstwhile Block Development Officers. [115-B] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6865 of 
1994 . 
. From the Judgment and Order dated 1.9.93 of the Andhra Pradesh E 
Administrative Tribunal in 0.A. 38256 of 1991. 
K.M. Reddy and Guntar Prabhakar for the Appellants. 
V. Nageshwara Rao, P.S. Narsimha and V.G. Pragasam for the F 
Respondent. 
The following Order of the Court was delivered : 
Leave granted. 
Consequential to the re-organisation of the Panchayat Raj Systems G 
under the AP. Mandal Parishads & Zilla Praja Parishads and Zilla 
Pranalika, Abhivrudhi Mandals Act, 1986 (Act No. 31 of 1986) (for short 
the 'Act') the Governor exercising the power under proviso to Art. 309 of 
the Constitution read with Sec. 28( c) of the Act made the AP. Mandal 
Development Officers in AP. Panchayat Raj Service (executive branch) H 
114 
SUPREME COURT REPORTS [1994) SUPP. 3 S.C.R. 
A Ad hoc Rules in G.O. Ms. No. 3 dated January 3, 1989 whereunder Rule 
2 prescribed the method of appointment , namely, appointment to the p0st 
of Mandal Development Officers shall be made by transfer from the 
categories, namely, Superintendents working in Zilla Praja Parishad Of- . 
ficers, Divisional Panchayat Officers and Extension officers working in the 
B 
erstwhile Panchayat Samitbies, under G.O. Ms. No 4 date

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