K. SIVA REDDY & ORS. ETC. versus STATE OF ANDHRA PRADESH & ORS.

Citation: [1988] 3 S.C.R. 18 · Decided: 24-02-1988 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Disposed off
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Judgment (excerpt)

A 
K. SIVA REDDY & ORS. ETC. 
1 
v. 
STATE OF ANDHRA PRADESH & ORS. 
FEBRUARY 24, 1988 
B 
[RANGANATH MISRA AND G.L. OZA, JJ.] 
Andhra Pradesh (Roads and Buildings) Engineering Service 
~· 
Rules, 1967-Rule 3-Appointment of Assistant Engineers by direct 
recruitment, promotion and transfer-Retrospective regularisation of 
~ 
temporary service of promotees-lnter se seniority on the basis of 
c regularisation-Validity of. 
The writ petitioners herein challenge the order regularising the 
temporary service of promotees in the years 1972-73, 1973-74 and 
i974-75 to the cadre of Assistant Engineers (Deputy Executive 
Engineers). They contend that the retrospective regularisation made by 
D the Chief Engineer is without authority and in gross violation of the 
prescription of the Rules. 
Two sets of rules are operating side by side in the State of Andhra 
Pradesh, the Andhra Pradesh State and Subordinate Service Rules, 
1962, the other, Andhra Pradesh (Roads and Buildings) Engineering 
!-· 
E Service Rules, 1967 promulgated with retrospective effect from April l, 
i965. 
Rule 3(1) of the latter rules provide for the method of recruitment 
of Assistant Engineers by direct recruitment or by promotion or by 
transfer from Supervisor or Draughtsman Special Grade or Draughts-
F 
man Special Grade I of the Andhra Pradesh (R&B) Engineering Subor-
-)-
dinate Service. 
-
Sub-rule (3)(a) of Rule 3 thereof prescribes that of the substantive 
vacancies of Assistant Engineers, 37'h% shall be filled up by direct 
recruitment, and the remaining 62'h% by transfer of Supervisors and 
G 
Draughtsman and by promotion of Junior Engineers. Notwithstanding 
this, there had been under-recruitment of Assistant Engineers by direct 
l'i<i
recruitment and the recruits through the other modes have come into 
~
the cadre far in excess of the limit provided by the rule and had been 
< -~
regularised. 
H 
:, It has been contended that though live year qualifying service was 
18 
K.S. REDDY v. STATE OF A.P. 
19 
T 
necessary in the lower service for entitlement to consideration for pro-
A 
motion as Assistant Engineer, the period had been reduced to three 
years to enable larger recruitment from the alternate sources to the 
prejudice of direct recruits. 
Disposing of the writ petitions, this Court, 
B 
J.. 
HELD: l. There is no justification at all for the State Govern-
ment not to work out the provision viz. filling up by direct recruitment 
37'h% of the substantive vacancies. The direct recruits have been 
agitating from 1982 over their rights arising out of this rule and the 
Tribunal has called upon the State to work out the said Rule properly. 
Reopening the question of inter ..se seniority on the basis of the rules C 
from the beginning may create hardship, but the benefit of the scheme 
under the Rules should be made available to direct recruits at least from 
1982. [22D-F] 
l.2 The State Government must ascertain the exact substantive 
vacancies in the category of Assistant Engineers in service. On the basis 
D 
that 37'1.z% of such vacancies were to be filled up by direct recruitment, 
the position should be worked out. Promotees should be confined to 
62'h% of the substantive vacancies and in regard to 37'1.z% of the vacan· 
cies the shortfall should be filled up by direct recruitment. Even if 
promotees are placed in those posts reserved for direct recruits, no 
seniority shall be counted. I 22 F-H I 
E 
l.3 Regularisation made in respect of the promotees of the years 
1972 to 1975 should not be disturbed as the regularisation has been 
subsequent to the actual commencement of continuous service in the 
post of Assistant Engineer. I 23C I 
[The State Government has been directed to ascertain the number 
of vacancies upto 3 l. 12.87 to be filled up by direct recruitment and to 
take steps to make direct recruitment to fill such posts, within four 
months and also to draw the seniority list by the end of September, 
1988.] [22H; 23A-BJ 
ORIGINAL JURISDICTION: Writ Petition Nos. 17165-86 of 
1984 & 12401/85 
(Under Article 32 of the Constitution oflndia) 
F 
G 
K. Rajendra Choudhary and K. Shivraj Choudhary for the 
H 
A 
20 
SUPREME COURT REPORTS 
11988] 3 S.C.R. 
Petitioners in W.P. No. 17165-86 of 1984. 
M.K. Ramamurthy, Subodh Markandeya and Mrs. Chitra 
Markandeya for the Petitioners in W.P. No. 12401of1985. 
K.G. Bhagat, T.V.S.N. Chari, Y. Prabhakar Rao and Ms. 
B 
Vrinda Grover for the Respondents. 
c 
D 
E 
F 
The Judgment of the Court w
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