- (1.) The appellants and Respondents 3 to 5, in the appeal herein, joined service as Lower Division Clerks (LDCs) in the office of the Commissioner and Special Officer, Vijayawada Municipality, Vijayawada in the State of A. P. The Director of Municipal Administration, government of A. P. exercising the powers delegated to him under Section 73 (3 of the A. P. Municipal Act, 1965 (the Act) accorded sanction by his order dated 6/08/1977 for the conversion and upgradation of the ten posts of LDCs to that of Upper Division Clerks (UDC) in the Municipality at Vijayawada. The Panel Committee of the Municipality prepared a panel on 13/10/1977 of LDCs for the purpose of promotion to the post of UDCs. The appellants were included in the said panel. Since Respondents 3 to 5 were not eligible their names were not included in the panel. Appellants 1 to 6 were promoted, by the order dated 15/10/1977, as UDCs against the newly created posts. Appellants 7 to 13 were also promoted as UDCs on 17/10/1977 against leave vacancies. It is thus obvious that appellants 1 to 6 were promoted against substantive vacancies whereas appellants 7 to 13 were promoted against the leave vacancies.
(2.) One S. Koti Suryaprakasa Rao Chowdary sent a representation to the government, wherein it was stated that the Director of Municipal Administration had no jurisdiction to upgrade the posts of LDCs to UDCs by his order dated 6/08/1977. The government by its memorandum dated 24/01/1978 called for the report of the Director in the following terms : "The Director of Municipal Administration is requested to examine this point and submit a detailed report to the government at a very early date. He is also requested not to give any directions in this regard, to the Commissioner of the Vijayawada Municipality until the government gives permission for upgradation of the posts of Revenue Inspectors to Upper Division Cadre. " On receipt of the above said memorandum the Director downgraded the ten posts - earlier upgraded by him - and as a consequence reverted the appellants as LDCs by the order dated 30/01/1978. It seems that the matter remained under the consideration of the government for quite some time and finally on 18/12/1978 the government approved the order of the Director dated 6/08/1977 by which ten posts of LDCs were converted and upgraded to UDCs. Thereafter by the order dated 20/12/1978 the appellants were again promoted as UDCs. Respondents 3 to 5 challenged the order dated 20/12/1978 before the A. P. Administrative tribunal, inter alia, on the ground that on 20/12/1978 the respondents were eligible for promotion as UDCs but they were not 612 considered. The tribunal by its judgment dated 9/04/1984 allowed the petition and quashed the order dated 20/12/1978 promoting the appellants as UDCs. This appeal by way of special leave - is against the judgment of the tribunal.
(3.) It is not disputed that promotion as UDCs from amongst the LDCs is made from a panel prepared by a committee constituted under Section 74 of the Act. Rule 21 of the A. P. Municipal Employees Service Rules provides that "when candidates are required for employment in any post in a unit preference shall be given to persons discharged or reverted from such posts in the unit. . ".;