LexJ.G. PRASADA RAO ETC. ETC. versus THE SECRETARY TO GOVERNMENT AND ORS. ETC. ETC.
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J.G. PRASADA RAO ETC. ETC. A v. THE SECRETARY TO GOVERNMENT AND ORS. ETC. ETC. SEPTEMBER 7, 1995 [K. RAMASWAMY AND B.L. HANSARIA, JJ.] B Service Law Andhra Pradesh Accounts Officers Service Rules, 1980/Manual of Standing Orders (Administration) of Comptroller and Auditor General of C India. Rule 6/Paragraph 32(}-Divisional Accountants-Seniority Criterion- Divisional Accountants/SAS Accountants/SAS passed Auditors-Absorbed in A.P. Divisional Accountants Service-Inter se seniority-Held, date of passing Divisional test is the criterion-Factum of drawing higher pay or D holding higher re:iponsibilities i"elevant due to operation of Rules. The State Government of Andhra Pradesh obtained from Account· ant General, A.P. the services of Divisional Accountants, SAS Accountants and SAS passed Auditors on deputation as Divisional Accountants. Later, the Finance and Planning Department of the Government of Andhra E Pradesh constituted the cadre of Divisional Accountants consisting of Divisional Accountants Grade-I and Divisional Accountants Grade-II with effect from 19.9.1980; and all the deputationists applied. for and were absorbed in the said cadre on the respective grades with effect from 1.1.1980, G.O. Ms. No. 304 dated 20.11.1979 issued in this regard laying F down the service conditions, provided that in the cadre of Divisional Accountants, Divisional Accountant Grade- I would be a promotional post from Divisional Accountant Grade- II. It also provided that inter se seniority of the Divisional Accountants borne on the Accountant General's cadre of Divisional test passed Divisional accountants taken over to the G State service would be fixed in the State cadre based on their inter- se seniority as Divisional Accountants in the Accountant General's gradation list on the date of taking over. The State Government issued G.O. Ms. No. 290 dated 11.11.1982 constituting the Andhra Pradesh Divisional Accounts Officers Service under the Andhra Pradesh Divisional Accounts Officers Service Rules, 1980. Rule 6 of the Rules prescribing the special qualifica- H 411 412 SUPREME COURT REPORTS (1995] SUPP. 3 S.C.R. A tions, method of recruitment etc. provided that for the promotion to the post of Divisional Accounts _Officer Grade-I, a candidate should have put in service of not less than three years as Divisional Accounts Officer Grade-II and must have passed the required test. The appellant in C.A. No. 4172 of 1995 claimed that he having passed the test prior to some of B c D E F the respondents was senior to them. His claim was rejected. In the appeals, filed by the appellant and some others before this Court, the respondents contended that in view of G.O. Ms. No. 304 provid- ing that SAS Accounts Officer/SAS passed Auditors who held the higher scale of pay since declared to be entitled to Grade-I, they were entitled though some of them passed the Divisional test subsequent to the appel- lant, to be promoted as Grade-I Divisional Accounts Officer and cannot be made junior to the appellants. Allowing the appeal, this Court HELD: 1.1. The appellant had passed the Divisional test earlier to some of the respondents. He is entitled to be treated as senior to the respondents who passed the said test subsequent to him, in Grade-II post of Divisional Accountants in the list sent by the Accountant General for absorption in the Divisional Accountants Service constituted by the State Government. The factum of drawing higher pay or holding higher respon- sibilities became irrelevant due to operation of the A.P. Divisional Ac- counts Officers Service Rules, 1980. [418-B] 1.2. Passing of Divisional test is a pre-condition for promotion as Divisional Accounts Officer Grade-I. Paragraph 320 of the Manual of Standing Orders (Administration) of Comptroller and Auditor General of India expressly prescribes that the date of passing Divisional test is the criterion for determination of inter-se seniority. Though the SAS Accounts Officers or the clerks who passed the SAS examination had held higher scale of pay or higher responsibility, to determine their inter-se seniority, G date of passing Divisional test is a criterion. The inter-se seniority shall be reckoned with reference to the date on which the respective candidates passed the Divisional test. (417-H; 418-A] 1.3. The Government would reckon inter-se seniority with reference to the date of appellant's passing the Divisional test
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