K NARAYAN SWAMY Vs. STATE OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
K Narayan Swamy
STATE OF ANDHRA PRADESH
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CHINNAPPA REDDY,J. -
(1.) The two petitioners, who were previously Deputy Tahsildars. were selected, in consultation with the Public Service Commission. for appointment. by transfer, as Tahsildars and included in the panel for 1969 prepared in accordance with Rule 4 of the Andhra Pradesh Civil Services (Executive Branch) Special Rules. The panel was published by the Government by G.O. MS. No. 595 Revenue, dated 30-6-1971. Thereafter the petitioners were appointed as Tahsildars in December 1971. It was claimed by the Government that the appointment of the petitioners as Tahsildars was not on a regular basis but on a temporary basis under Rule 37 of the Andhra Pradesh State and Subordinate Services Rules. It is difficult to see how the appointments can be said to be under Rule 37. Rule 37 contemplates temporary promotions otherwise than in accordance with the prescribed rules when the filling of such vacancy in accordance with rules is likely to result in undue delay. In the present case, selection in accordance with the rules having already been made there was no need or question of making appointments otherwise than in accordance with the rules. The petitioners must therefore be considered to be probationers as claimed by them.
(2.) Some considerable time before G.O. Ms. No. 595 Revenue dated 30-6-1971 was issued, certain Deputy Tahsildars by name S. R. Chitrapu. G. Govinda Rao, N. Lakshmana Rao, C.V. Krishna Rao. Gangaram Yadav and A.A. Hafeez were promoted temporarily as Tahsildars. They were not selected for regular appointment and. their names were not included in the panels approved by G.O. Ms. No. 595. As their names were not. included in the panels they were reverted as Deputy Tahsildars but they filed W.P. Nos. 2508/1971. 2560/1971, 2,443/1971. 2935/1971 and 4276/1971 and obtained interim orders from the High Court directing the Government and the Board of Revenue not to revert them. The Government and the Board of Revenue, without taking any steps to have the interim orders vacated or to have the Writ Petitions disposed of expeditiously. were contemplating the reversion of the petitioners as Deputy Tahsildars. Apprehending that they might be reverted the petitioners filed the present application for the issue of a Writ not to revert them while retaining those promoted on a temporary basis.
(3.) On behalf of the Government reliance was placed on the executive instructions contained in G.O. Ms. No. 1224 dated 20-12-1971. The G.O. is as follows -
"G. O. Ms. No. 1224. Dated 20-12-1971. Read the following - G.O. Ms. No. 157 G.A. (Ser. A) dated 13-3-1969. Order:
In the G.O. cited, orders were issued on the recommendations of the Services Sub-Committee of the Secretaries to Government directing that where by reason of the stay orders issued by the High Court in Writ Petitions filed by employees working under the emergency provisions of the rules, it becomes necessary for want of vacancies to revert probationers and approved probationers who otherwise would have continued, they should be continued against supernumerary posts pending vacation of stay orders of the Court and sanction for creation of such supernumerary posts should be obtained from the Government. The authorities concerned were also instructed to ensure that prompt and vigorous action was taken to get the stay orders vacated as expeditiously as possible.
It has been found by experience that considerable delay occurs in obtaining vacation of stay orders by the Departments concerned. Consequently, it becomes necessary to continue the supernumerary posts for long periods resulting in avoidable expenditure. The problem has been further examined by the Government in the light of experience of the working of G.O. Ms. No. 157, dated 13-3-1969. It is considered that, with a view to curtailing avoidable expenditure involved in the creation of supernumerary posts, if a stay order of a court secured by an officer operated to the disadvantage of a senior, it would be for the affected senior to approach the court for appropriate orders in his favour. Accordingly the Government direct that the orders issued in G. O cited be cancelled with immediate effect (By order and in the name of the Governor of Andhra Pradesh) V.K. Rao, Chief Secretary to Government." ;
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