S.P. BADRINATH versus GOVT. OF A.P. AND ORS. ETC. ETC.

Citation: [2003] SUPP. 3 S.C.R. 872 · Decided: 16-09-2003 · Supreme Court of India · Bench: V.N. KHARE · Disposal: Dismissed
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Judgment (excerpt)

A 
S.P. BADRINATH 
V. 
GOVT. OF A.P. AND ORS. ETC. ETC. 
SEPTEMBER 16, 2003 
B 
[V.N. KHARE CJ, BRIJESH KUMAR AND S.B. SINHA, JJ.] 
Service Law: 
Andhra Pradesh Ministerial Service Rules, 1966: 
C 
R.23-Promotion-Criterion-Passing of certain examination-
Seniority-Senior Accountant, in Chief Electrical Inspectorate earlier 
called the Electricity Department-Promoted as Senior Assistant subject 
to his passing of the Accounts test for Subordinate Officers Part I within 
a period of two years-He passed the test after expiry of the said period-
D His seniority and further promotion as Superintendent challenged--
Tribunal held that since the appellant did not pass the requisite examination 
he was junior to the respondents-Held, the date of the passing of the 
examination would be the date for the purpose of reckoning the seniority 
of the employees concerned vis-a-vis the other employees-Undisputedly 
E services of the appellant were 
governed by the 
Rules-Electricity 
Department of the State is one of the Departments specifically mentioned 
in the Rules which provide that passing of the 
Accounts Test for 
Subordinate Officers Part I is an essential qualification for holding the post 
of Senior Assistant-Appellant was not entitled to be shown as senior to 
F the respondents. 
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 7633-
7635 of 1997. 
From the Judgment and Order dated 24.4.96/27.4.96 of the Andhra 
G Pradesh Administrative Tribunal, Hyderabad in O.A. No. 2345, 5321 and 
5454 or 1995. 
G.R.K. Prasad and Mohd. Wasay Khan for S.U.K. ·sagar for the 
Appellant. 
H 
Rajiv Talwar, T.V. Ratnam and K. SubQa Rao for the Respondents. 
872 
S.P.BADRINATH v. GOVT. OF A.P. 
873 
The following Order of the Court was delivered : 
A 
The short question that arises for consideration in the present appeals 
is as to whether passing of the Accounts test for the post of Senior Assistant 
was a pre-requisite. the contention of the appellant is that since the Andhra 
Pradesh Ministerial Service Rules, 1966 did not apply to the Department B 
of Chief Electrical Inspectorate, the said condition is not applicable in his 
case. 
The appellant was appointed in the year 1984 as Junior Assistant 
under the Chief Electrical Inspectorate. It is relevant to mention here that 
prior to the year 1970, the Chief Electrical Inspectorate was called 'the C 
Electricity Department', headed by the Chief Engineer. After constitution 
of the Andhra Pradesh Electricity Board, the Electricity Department 
became 'the Chief Electrical Inspectorate' headed by the Chief Electrical 
Inspector in place and instead of the Chief Engineer. On 12th November, 
1987 the appellant was promoted as a Senior Assistant subject to his D 
passing the Accounts test within a period of two years. The appellant 
passed the said examination after expiry of the said period of two years. 
He was, however, promoted to the post of Senior Assistant on I 0th 
December, 1989. In the year 1995 the appellant was promoted as a 
Superintendent. 
It is at this stage the respondents herein challenged the promotion and 
seniority of the appellant before the Andhra Pradesh State Administrative 
Tribunal. The Tribunal disposed of the O.As. and held that since the 
appellant did not pass the requisite examination, therefore, he was junior 
E 
to the respondents herein. It is against the said judgment of the Tribunal, F 
the appellant is in appeal before us. 
While entertaining these petitions, this Court granted leave confined 
to direction No. 13( c) of the order of the Tribunal, which runs as 
under: 
"13(c) While preparing the seniority list of Senior Assistants, the 
relevant criteria among others, to be applied are that passing 
of Accounts Test for Subordinate Officers Part-I is necessary 
for promotion to the rank of Senior Assistant from Junior 
Assistant." 
G 
H 
874 
SUPREME COURT REPORTS [2003] SUPP. 3 S.C.R. 
A 
It is not in dispute that the services of the appellant were governed 
by the Andhra Pradesh Ministerial Service Rules, 1966. Rule 23 of the said 
Rules provide for special qualifications required to hold certain posts. 
Electricity Department of the State of Andhra Pradesh is one of the 
Departments specifically mentioned in the said Rules. It has been provided 
B therein that passing of the Accounts Test for subordinate officers Part I is 
an essential qualification for holding the post of Senior Assistants. It is not 
the case of the appellant herein that the Chief Elec
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