LexP. SUDHAKAR RAO & ORS. versus U. GOVINDA RAO & ORS.
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[2013] 13 S.C.R. 540 A P. SUDHAKAR RAO & ORS. v. U. GOVINDA RAO & ORS. (Civil Appeal Nos 1712-1713 of 2002) B JULY 3, 2013 [R.M. LODHA, MADAN B .. LOKUR AND KURIAN JOSEPH JJ.] Service Law - Seniority - Weightage of service for c purposes of seniority - Andhra Pradesh Engineering Service - - Grant of retrospective seniority benefits to Supervisors on their appointment as Junior Engineers - Challenged - Held: Retrospective operation can be given to statutory rules - But, retroactivity must still meet the test of Arts. 14 and 16 of the D Constitution and must not adversely trench upon the entitlement of seniority of others - Retrospective seniority cannot be given to an employee from a date wflen he was not even born in the cadre - So also, seniority cannot be given with retrospective effect so as to adversely affect others - E Injustice ought not to be done to one set of employees in order to do justice to another set - On facts, grant of retrospective seniority to Supervisors adversely impacted on the promotion chances of existing Junior Engineers by ~ bringing them down in seniority - This was impermissible - ... F To pass the scrutiny of Art.14 of the Constitution, seniority of Supervisors to be reckoned only from the date on which they satisfied all the real and objective procedural requirements of the Service Rules and the law laid down by Supreme Court - This did not happen in the present appeals creating a situation of unreasonableness and unfairness - Some of the -.,.. . G Supervisors were given retrospective seniority on the date when they were not even eligible for appointment as Junior Engineers - This was impermissible, more particularly when there was no indication of the vacancy position, that is, whether H 540 ---.y P. SUDHAKAR RAO v. U. GOVINDA RAO 541 the Supervisors could be adjusted in the grade of Junior A Engineers from the date on which they were given notional retrospective seniority - Grant of retrospective seniority to Supervisors on their appointment as Junior Engineers violated Art. 14 of the Constitution - Weightage of service given to the Supervisors could be taken advantage of only B for the purpose of eligibility for promotion - It could not be utilized for obtaining retrospective seniority over and above the existing Junior Engineers - Constitution of India, 1950 - Arts. 14 and 16. Service Law - Seniority - Weightage of service for C purposes ofpromotion and weightage of service for purposes of seniority in a grade - Distinction between. Engineers in the State of Andhra Pradesh were either in the Andhra Pradesh Engineering Subordinate Service or in the Andhra Pradesh Engineering Service. D The Andhra Pradesh Engineering Subordinate Service consisted, inter alia, of Junior Engineers who possessed a degree in engineering and Supervisors who possessed a diploma in engineering. A Junior Engineer or a Supervisor was eligible for appointment by transfer as an E Assistant Engineer in the Andhra Pradesh Engineering Service as it existed. This continued to be so till the Special Rules for the Andhra Pradesh Engineering Service were promulgated by issuance of G.O.Ms. No. 285 PWD dated 22.2.1967. F With effect from 22.2.1967, the Andhra Pradesh Engineering Service consisted of five categories of officers, the juniormost being Category 5 - Assistant Engineer. Later, by issuance of G.0.Ms No. 1149 dated 5.11.1973 a sixth category of officers was included, G namely, Junior Engineer with effect from 28.2.1972. The inclusion of the post of Junior Engineer in the Andhra Pradesh Engineering Service resulted in its consequent exclusion from the Andhra Pradesh Engineering Subordinate Service. The effect of this was that a separate H 542 SUPREME COURT REPORTS [2013) 13 S.C.R. A cadre of Junior Engineers, distinct from erstwhile Junior Engineers/Supervisors was formed. This meant that despite having an engineering degree, Supervisors were not eligible for appointment as Junior Engineers on transfer. However, the mode of rec~uitment for the next B higher post of Assistant Engineer was by way of direct recruitment, by promotion of a Junior Engineer having not less than 5 years service in the grade and by transfer of a Supervisor having a minimum service of 10 years in the grade. To remedy this situation, in the case of c Supervisors, who had obtained an engineering degree prior to 28.2.1972, the State Government is
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