Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Civil Services |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Civil Services: A.P. Engineering Subordinate Service Rules: "-, Seniority-Government orders issued from time to time Supervisors upgraded as Junior Engineers on acquiring degree-Degree holders directly appointed as Junior Engineers on temporary basis regularisation of-Weightage given both categories for service rendered-Jnter-se seniority-Fixation of-Directions issued. The A.P. Engineering Subordinate Service Rules were amended in 1972 by way of Government order. It provided that supervisors who acquired B.E./A.M.I.E. degree while in service would be entitled to count 50% of the service rendered as Supervisors prior to acquiring the said qualification subject to a maximum of four years. However, this was subject to certain conditions, the Chief among them was that they should be considered to have been placed below the last of the Junior Engineer of the year, after giving such weightage. Order dated 10.6. 76 required that the Supervisors who acquire the degree qualification while in service should be appointed, as Junior Engineers with immediate effect. The abovesaid order was amended on 8.11.76 giving benefit of the weightage to only those who acquired the degree qualification prior to 28.2.72. "In 1977, by another order of the State Government, the post of Junior Engineer was made Gazetted post. In separate petitions before the Andhra Pradesh Administrative Tribunal, the Supervisors upgraded as Junior Engineers including those who acquired the degree qualification after 28.2.72, as well as the State of A.P. agitated the issue regarding inter-se seniority between the upgraded Junior Engineers and the direct recruit Junior Engineers. The Tribunal heard all the matters together and gave a finding that there was no bar to the retrospective regularisation of the directly recruited Engineers from the dates of their initial appointments. The Tribunal also upheld the action of the Government in giving the benefit of the notional date of appointment to the upgraded Junior Engineers and the benefit of the date of regularisation of their services from the dates of their notional appointments subject to maintenance of order or ranking given by the Public Service Commission. The Tribunal also ordered that the ranking given by the Public Service Commission in respect of directly recruited Junior Engineers has to be maintained and each of them would be entitled to count his seniority from the date on which his service has been regularised or from the date of regularisation of the service of the person immediately below in the order of ranking given by the Public Service Commission, whichever was earlier. In respect of upgraded Junior Engineers who acquired degree qualification after 28.2.1972, the Tribunal gave a specific direction that their seniority has to be fixed on the basis of specific notional date of appointment given to them by interspersing their names among regular Junior Engineers as arranged in chronological order of dates from which such regular Junior Engineers entitled to count their seniority. Aggrieved against the Tribunal's order, the State Government and the Supervisors upgraded as Junior Engineers, referred the present appeals. On behalf of the State, it was contended that the direction of the Tribunal particularly interspersing was not workable, since the upgraded Junior Engineers have put in long years of service and were discharging the same duties as the directly recruited Junior Engineers and this factor should be taken into account in fixing the notional date of appointment and inter-se seniority. On behalf of the upgraded Junior Engineers, it was contended that in G.O. Ms No.559 it is specifically laid down that Supervisors who have acquired graduate qualification may be appointed as Junior Engineers after 28.2.75 and the weightage of four years should he reckoned from the dale of acquiring the degree qualification i.e. 28.2. 72 or thereafter; and their seniority should not he fixed from the date of the order of appoitment. On the other hand, the direct recruit Junior Engineers contended that the upgraded Junior Engineers can under no circumstances be treated as seniors to the directly recruited Junior Engineers for the appointment of Junior Engineers was suspended for some time and in view of the exigencies the degree-holders were appointed on temporary basis and they have served for a number of years; the Government decided to make regular appointments and accordingly a Special Qualifying Test was held in which they qualified and they were given the appointments; and a seniority list strictly on the basis of performance in the test and on merit was prepared by the Public Service Commission and a retrospective effect was given. It was further contended that so far as the upgraded Junior Engineers are concerned all the relevant .G.O.Ms. make it clear that the crucial date has to be reckoned on the basis of the actual date of appointment and not on the date of acquiring the degree. |
Judge | Hon'ble Mr. Justice K. Jayachandra Reddy |
Neutral Citation | 1992 INSC 23 |
Petitioner | State Of Andhra Pradesh And Anr. |
Respondent | K.s. Muralidhar And Ors. |
SCR | [1992] 1 S.C.R. 295 |
Judgement Date | 1992-01-22 |
Case Number | 752 |
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