Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 8 — Andhra Pradesh 1967 — rr. 1 Andhra Pradesh Engineering Service Rules 6 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Andhra Pradesh Engineering Service Rules, 1967 — rr. 1, 6, 8 — Andhra Pradesh State & Subordinate Service Rules, 1996 - rn. 16 ~ Extension of period of probation and fixation of revised dates of commencement of probation — Legality of - Temporary appointment of first appellant as Assistant Executive Engineer by direct recruitment, on 18.4.1992 — Placed on probation with retrospective effect from 18.4.1992 for a period of two years within the continuous period of three years — In terms of r. 6(2), appellant passed the Account test on 20.1.1997 — However, there was no need to pass the language test in Telugu, in view of the relevant Rules — Subsequently, issuance of memo by the Government whereby the period of probation extended and revised dates of commencement of probation fixed — Challenge to, and directions sought to consider the appellant for promotion to the next post ~ Tribunal held that the impugned proceedings were perfectly valid and legal — High Court upheld the order — Held: Note appended to Rule 8 stipulates that it expressly prohibits the probationer from being discharged for failure to pass the Account test, and it stipulates that the probation shall be extended until the probationer passes the test — Such extension is mandated only in those cases where the probationer does not pass the relevant test - Note does not prevent the probationer from being discharged at the end of the period of probation if his performance is otherwise unsatisfactory — Thus, Note is a legislative device and part of the Rule 8(c) — It carries same degree of efficacy as the Rule itself - In appellant’s case, in view of the declaration contained in the Note appended to Rule 8, there was neither any need nor occasion much less the authority in law for the exercise of power either under |
Judge | N/A |
Neutral Citation | 2016 INSC 917 |
Petitioner | R. Venkata Ramudu & Another Etc. |
Respondent | State Of A.p & Others |
SCR | [2016] 5 S.C.R. 972 |
Judgement Date | 2016-09-27 |
Case Number | 9856-9860 |
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