M. JANARDHAN AND ORS. versus STATE OF ANDHRA PRADESH AND ORS.

Citation: [1993] SUPP. 3 S.C.R. 845 · Decided: 26-11-1993 · Supreme Court of India · Bench: A.M. AHMADI, N. VENKATACHALA · Disposal: Appeal(s) allowed

Judgment (excerpt)

M. JANARDHAN AND ORS. 
A 
v. 
STATE OF ANDHRA PRADESH AND ORS. 
NOVEMBER 26, 1993 
[AM. AHMADI AND N. VENKATACHALA, JJ~) 
B 
Constitution of India, 1950: Art. 3~oviso Special Rules for Andhra 
Pradesh public health subordinate service framed ·undet-Made applicable 
retrospectively-Whether promotion on temporary basis and subsequent 
regularisation of the promotees not in accordance with the Rules and therefore C 
bad. 
Service Law-Andhra Pradesh Public Health Surbordinilte Service 
Rules-Regularisation and inter se seniority between temporary-Direct 
recruits and temporary promotees-Temporary direct recruits appointed prior 
to appointment of temporary promotees in the -cadre of Health Inspe~- D 
tors-On representation, the State Government regularised retrospectively the · 
services of temporary promotees from the respective dates of their ille~ility 
for promotion as Health Inspectors, making the temporary direct rec1Uits 
junior to the temporary promotees. Whether the services of temporary Direct 
appointees can likewise be regularised with retrospective effect ? 
E 
During the years 1958 to 1962, the Appellants were directly ap-
pointed as Health Inspectors in Andhra Pradesh Public Health Subor· 
dinate Service (APPHSS), on a temporary basis. During the years 1961 to 
1969, the respondents cadre the feeder were temporarily promoted as 
Health Inspectors in the APPHSS. In the mean time, on 31st Dec. 1964 P 
Special Rules for APPHSS were framed under Article 309 Proviso, which 
were given retorspective effect from 1.11.1956. The Rules required 3 years 
qualifying service in the feeder cadre for promotion to the post of Health 
Inspector. In 1968, the Andhra Pradesh Public Service Commission made 
selection to the cadre of Health Inspectors in APPHSS, 01,1 a permamnent G 
basis. ,The Appeallants as well as the respondents w.:;e selected, but. 
respondents were given rankings below the Appellants. 
Temporary promotes, respondents No. 4 to 121 approached the State 
Government for their regularise~ion as Health Inspectors from the respec-
tive dates of their eligibility for promotion on temporary basis by deleting H 
845 
846 
SUPREME COURT REPORTS (1993) SUPP. 3 S.C.R. 
A 
their names from the select list so as to make them Senior to the Appellants. 
By proceedings dt. April, 1977 the Services of temporary promotees were 
regularised by the Govt. from the respective dates of their ilegibility. 
The appellants challenged the regularisation of temporary 
promotees with retrospective effect before the Tribunal in R.P. No. 507 of 
B 1977 but on· June 11, 1979 the Tribunal dismissed that petition. 
Aggrieved thereby, the Appellants approached this court by way of 
special leave. Leave was granted. 
In the meanwhile, the Appellants also made a representation to the 
C State Govt. seeking retrospective regularisation as Health Inspectors with 
reference to their initial appointments on temporary basis as had been 
done in the case of Respondents Nos. 4 to 121, the promotees. By its order 
dt. 22.2.1985, the A.P. Govt. regularised the services as of direct appointees 
as Health Inspectors with retrospective effect. The promotees Health In-
D spectors challenged the retrospective regularisation of the directly ap-
pointed Health Inspectors by filing a petition before the Tribunal. By its 
order dated 7.3.1986, the Tribunal di.smissed that petition but that order 
was made subject to the outcome of the Appeal pending in this Court, on 
2.2.89 the respondent No. 2 submitted a report to the State Government on 
the follow up action. 
E 
Allowing the Appeal, the Court 
HELD : 1. Rule 37 (e) of the A.P. Public Health Subordinate Service 
Rules eM\.kd regularisation of temporary promotee Health Inspectors in 
the Cadre of APPHSS from an anterior date. However, there is no material 
F which would show that such regularisation of the temporary promotee 
Respondents No. 4 to 121 had been made subsequent to their promotion, in 
accordance with the Rules, a pre-condition envisaged under Rule 37(e) of 
the Rules. Public Service Commission's deletion of names from the selec-
tion list cannot amount to their promotion in accordance with the Rules. 
G Ht>wever, the Appellants have not sought to challenge on that ground and 
therefore, the decision cannot be made on that infirmity. [853-D-E] 
2. If the order of the State Government giving retrospective 
regularisation to promotee Health Inspectors Under Rule 37(e) of the 
Rules can stand, the

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