LexMOHAMMAD SHUJAT ALI & ORS. ETC. versus UNION OF INDIA & ORS. ETC.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
B
c
D
E
F
G
•
H
MOHAMMAD SHUJAT ALI & ORS. etc.
v.
UNION OF INDIA & ORS. etc.
May 3, 1974.
449•
[A. N. RAY, CJ., H. R. KHANNA, K. K. MATHEW, A. ALAGIRI5WAM1
AND P. N. BHAGWAT!, JJ.]
States Rcor1:anfa(tfion Act. 1956. Proviso to Section 115(7)-Variation of
conditio11.1· of se1-rice appliC'abh: i111n1cdiately before Noven1b\e.r 1, 1956, to the
disad1·a11laf!e of persons
allu1ted to
serve in a
S1ate--"Pre;·ious
approl'al''
111ea,r1i11y of.
Andhra Pradesh ,Engineering Service Rules, 1966-;Von-graduate Supervisors
fro111 Hyderabad State, pron1otion oj-ReductirJn of avaifabfe pro111otion posts
frn111 501/C to
33! o/o, then to 01te in 18 and ultinuuely to 1 in 24-Sec. 115(7).
Proviso to States Reorg1111i.\'a1io11 Act, if attracted.
Co11stit11tio11 of /11dil1, 1950, Articles 14 & 16-Educational qualification i·a!id'
basis .for c!assificaticn-Fixation of quota for promotion of graduate supervisors
and non-graduate supervisors. if discrinlinatory.
Ed11catio11a/ qualificaticns, eq11irale11ce of--Dt'cfsi'on of the Govt., when can
be interfered with.
The petitioner:;/appelJ.ants were holders of Upper Subordinate or Overseers
Civil Ellgineering certificates of Osmania Engineering College and thiy were
all originally recruited to the cadre of Sub-Overseers in the Hyderabad S·~rvice
of E.ngineers in th·! erstwhile State of Hyderabad, and with 1he exception of
one, they were promoted as Supervisors prior to 1st November 1956, when the
reorg'anisation of States took place under the States Reorganisation Act, 1956.
Now on the reorganisation of the State of Andhra Pradesh. the postJi of Super-
vi·_)ors in the erstwhilt: State of Hyderabad were equated with the posts of Junior
Engineer:-i/Supervisors in the State of Andhra· Pradesh in accorda·nce with the
principles for equation of posts laid down at the Conference of Chief Se,::retaries
of varicus States held on 30th April and 1st May, 1956. Certain criteria were
laid down at this Conference for fixa·tion of inter se seniority of officers ho!ding
equivalent posts.
The Sub·Engineers from the erstwhihe State of Hyderabad were
promoted a·s Assistant Engineers wilh eff·!Ct from 31:-,t October, 1956. aflernoon
and thev came to be aliot'.·!d to the State of Andhra Pradesh as Assista-nt
Engineefs. Though the A.ndhra Rules continued to govern the Engineering
Servii:e in the State of Andhra Pradesh by way of exception, the Government
of Andhra Pradesh, in con-sultation with the officer deputed by the Government
of India to advise on problems relating to integration of services. issued an
order dated 7th April, 1960. directing that all employees of the erstwhile Sta!e
of Hyderabad would be governed by the Hyderabad Rules for pron1otion after
ls.t Noven1ber. 1956, to posts one stage above those held by them immediately
prior to 1st November, 1956.
It was, however, made clear in this order tha-t
"Subsequent promotions after one stage promotion would be governed by the
Andhra Rules or the Rules 1nade by the Governm•:!nt of Andhra Pradesh. The
State Board of Technical Education. a high·powerea body comprising of adminis.
trators, educa{ionists and technical experts, at its meeting held on 1st
Jl1n~.
1962, agre·;o:d with the vie\V expressed by the Special Committee that the US
or OCE certificates of the Osmania £.ngineering College could not b·~ equated
V.'ith LCE or IME or LEE diplomas.
The Government of Andhra Pradesh then·
reconsid•;o:red the que·stion in the light of the opinion expressed by the Special
Committee and the S~ate Board of Te::hnica.i Education and took the view
that the contention of the non·gradcate Supervisors from the erstwhile State
of Hyderabad was not tenab~e. The Central Governm·.!nt a-ffirnl·.!d the decision
of the Government of Andhra Pradesh after giving due consideration to the
representations of the.se non·graduate supervisors on the basis of the recommen·
dation-; of the Advisory Board.
~1canwhile, on 22nd February 1967, the Andhra Prade·sh Engineering Rules, .
1966, were made by the Governor of Andhra Pradesh in exercise Of the powers
conferred under th•e Proviso to Article 309 of the Constitution. There wa•s a·
substantial change made by the Andhra Pradesh Rules in the mode of recruit-
1n~nt to. the posts of Assist8nt Engineers.
By the new clause 2(c)(2) sub-
stituted in the place of the old clause on 12th January, 1968, the ratio of
450
SUPREME COURT REPORTS
(1975] ! S.C.R.
"Pro1notionExcerpt shown. Read the full judgment & AI analysis in Lexace.