V. AYYANNA versus GOVT. OF A.P. AND ORS.

Citation: [2010] 12 S.C.R. 316 · Decided: 23-09-2010 · Supreme Court of India · Bench: J.M. PANCHAL · Disposal: Dismissed

Judgment (excerpt)

A 
B 
[2010] 12 S.C.R. 316 
V. AYYANNA 
v. 
GOVT. OF A.P. AND ORS. 
(Civil Appeal No. 3352 of 2007) 
SEPTEMBER 23, 2010 
[J.M. PANCHAL AND DR. MUKUNDAKAM SHARMA, 
JJ.] 
Service Law - lnter-se seniority - Seniority on basis of 
C qualification - G.O.Ms. No. 85 dated 21.01.1978 providing for 
merger of various posts including that of the Basic Health 
Worker to Multipurpose Health Assistant - Appellant was 
working as Basic Health Worker which post carried a lesser 
pay-scale than that of Multipurpose Health Assistant -
o Essential qualification for appointment to post of Health 
Assistant was a certificate of Sanitary Inspector Training 
Course (SITC) - Appellant did not have the SITC certificate, 
therefore, although his post was merged with that of the 
Multipurpose Health Assistants, he was not given the same 
E pay-scale till he had acquired the aforesaid certificate -
Appellant acquired SITC certificate only subsequently -
Principle laid down by Tribunal in two orders that Basic Health 
Workers, who were designated as Health Assistants, shall 
count their seniority in the category of Health Assistants from 
F 21.01.1978101.01.1980 or from the date of passing the SITC, 
whichever is later - Seniority list prepared in terms thereof, 
challenged by appellant before the Tribunal in another round 
of litigation - Tribunal declined to interfere - Order affirmed 
by High Court - Justification of - Held: Justified - The orders 
passed by the Tribunal in the earlier litigation had become 
G final and binding and the final seniority list was prepared in 
compliance thereof - Possession of a SITC certificate was an 
essential qualification, and, as such, the appellant could get 
his seniority only from the date he acquired such a certificate. 
H 
316 
V. AYYANNA v. GOVT OF A.P. AND ORS. 
317 
The State Governmt: .. nt, in order to have a rationalized A 
structure of posts, issued G.O.M. No. 85 dated 21.01.1978 
merging various posts including that of the Basic Health 
Worker to Multipurpose Health Assistant. The appellant 
was working as a Basic Health Worker which post was 
,carrying a lesser pay-scale than that of the Multipurpose s 
Health Assistant. 
Under the then existing rules framed by the 
Government which was in operation and in vogue as on 
21.01.1978, the qualification for appointment to the post C 
of Health Assistant was intermediate pass with a 
certificate of Sanitary Inspector Training Course (SITC). 
Since at the relevant time, the appellant did not have the 
said qualification as he did not possess a certificate of 
the aforesaid nature, therefore, although his post was 
merged with that of the Multipurpose Health Assistants, D 
he was not given the same pay-scale till he had acquired 
the aforesaid qualification or possessing a SITC 
· certificate. The appellant acquired SITC certificate only 
subsequently. 
After issuance of the aforesaid notification and 
creation of one cadre of Health Assistants, dispute arose 
E 
as regards the inter-se seniority in the cadre of 
Multipurpose Health Assistant Workers. The issue was 
decided by the State Administrative Tribunal in a R.P. and F 
separately in al'.! O.A. In both the orders, the Tribunal held 
that the Basic Health Workers and others who were not 
required to pa~s Sanitary Inspector Training Course for 
regularization rn their service but who were designated 
as Health Assistant on passing the SITC shall count their G 
seniority in the category of Health Assistants from 
21.01.1978/01.01.1980 or from the date of passing the 
SITC, whichever is later, the inter se seniority among them 
being dete~mined on the basis of their length of service 
H 
318 
SUPREME COURT REPORTS 
[2010) 12 S.C.R. 
A 
in the lower category of Basic Health Workers etc. 
B 
Consequent thereupon, a seniority list was prepared, in 
terms of which the appellant became entitled to get his 
seniority in the aforesaid cadre from the date he obtained 
the SITC certificate and not from a prior date. 
The appellant challenged the legality and validity of 
the seniority list before the Tribunal in another round of 
litigation. The Tribunal dismissed the applications on the 
ground that the principle of fixation of seniority in the 
cadre of Health Assistants was already settled in view of 
C the decision in the earlier R.P. and O.A. which had since 
become final and binding and, therefore, no interference 
was called for. The order was affirmed by the High Court. 
D 
Dismissing the appeal, 

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