T. VENKATA REDDY ETC. ETC, versus STATE OF ANDHRA PRADESH

Citation: [1985] 3 S.C.R. 509 · Decided: 27-03-1985 · Supreme Court of India · Bench: Y.V. CHANDRACHUD · Disposal: Dismissed
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Judgment (excerpt)

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T. VENKATA REDDY ETC. ETC, 
v. 
STATE OF ANDHRA PRADESH 
March 27, 1985 
[Y.V. CHANDRACHUD, C.J., D.A. DESAI, 0. CHINNAPPA REDDY, 
E.S. VENKATARAM!AH ,\ND RANG ANA TH MISRA, JJ .] 
Constitution oflndia, 1950, Articles 123 and 213 
Ordinance issuance of-Propriety, expediency and necessity not for 
determination of courts-Go~ernor issuing an ordinance abolislting certain posts-
Ordinance lapsing and not rep/aced by Act-Posts abolished by Ordinance-
Whether dee111ed to be revived. 
Andhra Pradesh Abolition of Post nf Part-time Vil/age Officers Ordinance 
1984, constitutional validity of-Ordinance lapsing-Not replaced by Act-Posis 
abolished by Ordinance-Whether revived. 
The State of Andhra Pradesh was constituted under the States Reor-
ganisation Act. 1956 consisting of two areas known a:s the 'Andhra Area', and 
the 'Telangana Area'. There were different laws governing the village adminis-
tration in th~ two areas. The village establishment in the An.dhra Area-which 
previously formed part of the State of Madras consisted of headmen and 
karnams who were village officers and talya.ris, vettis and neergantis who were 
\'illage servants. Their appointment and conditions of service were governed by 
the Madras Hereditary Village Offices Act, 1895. 
In the Telangana Area, the village establishment consisted of the posts of 
patwaris, mali, pateJs and police patels who _were village officers and sethsindhis 
and neeradis who were village servants. 
The State Government appointed a' Committee called the Village Officers 
EnquirY Committee to review the existing system of part-time officers working 
at the village level. The Committee submitted its report in 1961 that it was 
necessary to reorg~nise the village establishment by appointment of full-time 
officeri with larger volume of work. It also recommended that steps should be 
taken to reduce the number of posts by merger of functions and increasing the 
area over which the village officers could ·exercise jurisdiction. 
In course of time. the Governor of Andhra Pradesh promulgated rules 
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µnder the proviso to Article 309 of the Constitution called. the Andbra rra(iesb 
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SUPREME COURT REPORTS 
[1985] 3 S.C.R. 
(Andhra Area) Village Offices Service Rules, 1969 providing for the regulation 
of the recruitment and c~onditions of service of h lders of village offices in the 
Andhra Area of the State of Andhra Pradc.sh with effect from May 22, 1969, 
The State Legislature passed the Andhra Pradesh Watans (Abolition) Act, 
1978 which came into force with eITect from December 8, 1977 abolishing all 
the watans-vi\lage offices in the Telangana Area of the State. -Simultaneously 
the Andhra Pradesh (Telangana Area) Village Offices Service Rul,es, 1978 were 
promulgated by the Governor with effect from 7th Dccen1ber 1977 providiag · 
for the recruitmen~ and conditions of service of the village officers in the 
Telangana Area. The village ·officers in both the areas were however still 
. part-time officers. 
On January 6, 1984 on the recommendation of the State Government, 
the Governor promulgated the Andhra Pradi!sh Abolition of Posts. of Part-time 
Village Officers Ordinance, 1984 (Ordinance No. I of 1984). 
Section 2(d) of the Or finance defined the expression 'past-time village 
officer• as a person who held any of the village offices of headman, munsiff, 
reddy, monigar, peddakapu, patel, karnam or patWari or triune officer or 
holder of any such village office by whatever designation it mfly be !Ocalty 
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known including their assista·nts. 
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/Section 3 of the Ordinance declared that the posts of part-time village 
officers in the State of Andhra Pradesh as defined in section 2(d) thereof stood 
abolished with effect on and from the dat·' of the commenci;:ment of the 
Ordinance which came into force at once, and cv~ry person who held the post 
of "part-time village officer in any art of the State would with effect on and 
from that date cease to hold such posts. By virtu: of this provisions the posts 
of part-ti1ne village officers ceased to be in e:id<>tcncc on .!J.nuary 6, 1984 and the 
incumbents of those posts ceased to be cinployccs of the Government on and 
from that date. 
The Ordinance was not replaced by an Act of the State Legislature but it 
was succeeded by four ordinances namely Ordinance No. 7 of 1984, 13 of 1984, 
18 of 1984 and 21 Of 1984. 
The petitioners who were part-tiine village officers questione
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