K. SUBBA RAO Vs. THE DISTRICT & SESSIONS JUDGE AND OTHERS

JUDGEMENT

(1.) These Writ Petitions provoke the process of construction and interpretation of the proviso in Rule 23 of the Andhra Pradesh Judicial Ministerial Service Rules, 1964 (hereinafter referred to as the 'Rules'). The question is whether a person, who was working as a Copyist in the Telangana Area prior to 1-11-1956, can be treated as a person in the service of the former Hyderabad Government and is entitled to the benefits conferred by the proviso to rule 23 When these Writ petitions came up for hearing before our learned brother Ramachandra Rao, J., the Learned Judge referred the cases to a Division Bench having regard to the general importance of the question involved in these cases. That is how these cases are now posted before us.

(2.) The answer to the question must necessarily be found from the relevant rule. That leads to the process of construction and interpretation of rule 23. Rule 23 prescribes qualifications for appointment to the category of posts mentioned in the Table given thereunder. The post of copyist appears in Division VI (Muffassal courts) and the method of recruitment is either by direct recruitment or recruitment by transfer. The qualification prescribed for the said post is a pass in Government Technical Examination in Typewriting Lower Grade. The post of a Lower Division Clerk is in Category 5 of Division IV. A copyist is eligible for promotion as a Lower Division Clerk under rule 6. For promotion to the next higher post, viz., Upper Division Clerk, the qualifications prescribed are a pass in Civil Judicial Test and Account Test for Subordinate officers Part-I in rule 23.

(3.) Rule 23 insofar as it is relevant for the purpose of these cases, reads :