M. NIRMALA & ORS. versus STATE OF ANDHRA PRADESH & ORS.

Citation: [1986] 3 S.C.R. 507 · Decided: 08-08-1986 · Supreme Court of India · Bench: O. CHINNAPPA REDDY · Disposal: Dismissed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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M. NIRMALA & ORS. 
v. 
STATE OF ANDHRA PRADESH & ORS. 
AUGUST 8, 1986 
[0. CHINNAPPAREDDY ANDMURARIMOHON DUTT,JJ.] 
Seniority computation of-Temporary employees who were ex-
empted from appearing at any qualifying examinations and whose posts 
were withdrawn from the purview of the Public Service Commission by 
G. O. MS 646 dated 14. 9.1979'---Whether their seniority should be com-
puted from the respectiv~ dates of their appointments after April 1974 
and above the Service Commission candidates-Rule 33(a) of the A.P. 
State Subordinate General Services Rules. 
The petitioners in Writ Petition 106 of 1980 are working in Group 
IV Services in various departments of the Govermnent of Andhra 
Pradesh. Most of them were appointed after 1974, under the General 
Rule lO(a)(i)(l) on a purely temporary basis due to the existence of a ban 
on direct recruitment. After the lifting of the ban partially special quali-
fying tests were held for regularising their services in 1974 and 1976. 
As they did not put in two years of qualifying service as on I. I. 73 and 
1.1.76 respectively, they could not take the said examinations. In 1976 
there was another test conducted by the Public Service Commission 
wherein about 82000 candidates appeared. The petitioners did not ap- . 
pear in the Said test. Among the several candidates who were appointed 
sometimes in 1977 and 1978 were Respondents 18 to 108. The petition·· 
ers were, however, granted complete exemption from appearing at any 
examination by GOMS 646 dated 14. 7 .1979 and the posts held by them 
were withdrawn from the purview of the Public Service Commission. 
Earlier to the said Notification Government issued a memo No. 1806/ 
Ser-B/78-2 Gad dated 25.1. 79 proposing to fix inter-se seniority bet-
ween the Public Service Commission candidates who qualified in 1976 
and the temporary employees including the petitioners who did not 
appear at the qualifying test. Being aggrieved, the Service Commission 
candidates including respondents 18 to 108 in the Writ Petition, filed 
R.P. No. 447/79 before the State Administrative Tribunal whose deci-
sion went in favour of the Service Commission candidates. Hence the 
Civil Appeal No. 2735/86 by the State of Andhra Pradesh. In both the 
507 
A 
B 
c 
D 
E 
F 
G 
H 
508 
SUPREME COURT REPORTS 
[1986) 3 S.C.R. 
A 
Writ Petitions and the appeal the question related to the computation of 
seniority of the Service Commission candidates and the temporary emp-
loyees whose services were regularised by GOMS 647 dated 14.9. 79 
after exempting them from passing the qualifying examination etc. by 
GOMS 646 dated 14.9.1979. 
B 
c 
D 
E 
F 
G 
H 
Dismissing the petition and the appeal, the Court, 
HELD: I. The petitioners cannot claim that their seniority 
should be romputed from the ·respective dates of their appointments 
after April 1974. °The petitioners were not appointed on a re_gular basis, 
but by way of stop-gap arrangements to be replaced by the appointment 
of qualified candidates. The petitioners failed to avail themselves of the 
opportunity of qualifying themselves for regular appointments by ap-
pearing at the special qualifying test held in 1976, althogh they were 
eligible for the tesi. The Government order being GOMS No. 647 dated 
September 14, 1979 does not support their claim of seniority from the 
respective dates of their appointments after April 1974. Under the said 
GOMS No. 647 ,"the services of the employees belonging to Group IV 
services would be regularised from the date of last regular appointment 
in that category or from the date of temporary appointment, whichever 
is later and subject to the decision of the Andhra Pradesh Administra-
tive Tribunal. The Andhra Pradesh Administrative Tribunal held that 
the appointments of the Public Service Commission candidates were 
regular appointments. The appointments-Of the Public Service Commis-
sion candidates are. therefore, the last regulll[ appointments as con-
templated by GOMS No. 647. In view of the said decision of the Andhra 
Pradesh 
~dministrative Tribunal and the directions contained in 
GOMS No. 647, the services of the petitioners will he regularised subse-
quent to the respective dates t)f appointments of the respondents Nos. 18 
to 108 or the other employees in Group IV services, who were.appointed 
pursuant to their being successful in the special qualifying test held hy 
the Public Service Commission in 1976. The petitioners

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