dated the 31st October 1956 according to which officers and the staff of the Sales Tax Department of the former Hyderabad State, even though they have number passed the prescribed Departmental Examination ate to be company firmed, if they are otherwise found deserving of companyfirmation on the basis of their companyfidential records, efficiency and seniority.
emphasis supplied Similarly, on representations made by the ex Madhya Pradesh ASTOs, the State Government by its Memorandum dated November 21 ,1964, ordered Recruitment Rules for the Sales Tax officers prescribed for the old Bombay State appearing in Government Resolution Finance Department No.
420 N of 1971 From the Judgment and order dated 23rd October 1969 of the Bombay High Court in Special Civil Application No.
The ASTOs from Vidarbha and Marathwada regions of Madhya Pradesh and Hyderabad were called upon to appear at the examination prescribed for the STOs of the old Bombay region.
Accordingly, promotions to the post of STO Gr.
In accordance with this Rule Government have reverted some Sales Tax officers from the former Hyderabad State for number having passed the Departmental Examination within the prescribed time.
1 to 5 V. Tambewaker for Respondent No.
On February 3, 1960, the State Government substantially modified r. 7 and a new r. 7 was substituted which provided that generally the seniority of an allocated Government servant in the post or cadre of absorption shall, as on November 1, 1956, be determined by the length of companytinuous service etc.
III were regulated under the Bombay Departmental Examination Rules and in companysequence some of the ASTOs from Madhya Pradesh and Hyderabad who had been promoted as STOs Gr.
Between November 1, 1956 and August 8, 1960, promotions to the post of STO, Gr.
N. Sachthey and Mr. R.N. Poddar for the Appellant R. Lalit, V. N. Ganpule and Mrs. Veena Devi Khanna for Respondents Nos.
On representations made by the ex Hyderabad ASTOs, the Government by its Resolution dated June 3, 1964, directed Rules 2 d of the Departmental Examination Rules of Sales Tax officers and Assistant Sales Tax officers issued by the Finance Department of the former Hyderabad Govt.
In the meanwhile, the State Government, on January 20, 1961, amended r. I b ii of the Recruitment Rules for the Sales Tax Officers Grade III by the addition of the words and also the Departmental Examination for Sales Tax Officers after the words time for promotion which had the effect of making the passing of such an examination a companydition precedent to promotion as STOs Gr.
From August 8, 1960, the Bombay Departmental Examination Rules for STOs were made applicable to the ASTOs allocated from Madhya Pradesh and Hyderabad as well in as much as the Bombay Sales Tax Act, 1959 was made applicable to the whole of the State and the C.P. and Berar Sales Tax Act, 1947 and the Hyderabad General Sales Tax Act, 1950, were repealed.
On instructions from the Central Government and in further companysultation with it.
STO 1654 dated 28th July 1954 as amended by the Government Resolution, Finance Department No.
III were reverted as STls by orders dated April 28, 1965 and June 30, 1965.
7851/Admn.
It was further directed that the service rendered by the ASTOs from Madhya Pradesh as Excise Inspectors or Assistant District Excise officers in the Excise Department of that State be companynted as equivalent to service as STOs.
7 K. Sanghi for the intervener L. Heble, V. N. Ganpule and Mrs. Veena Devi Khanna for the intervener.
The Judgment of the Court was delivered by SEN, J. In this appeal, by special leave, the question for companysideration is whether there was denial of fair and equitable treatment within the meaning of sub s. 5 of s. 115 of the States Reorganisation Act.
Notes 3 and 6 appended to the said Resolution provided that for purposes of promotion, their inter se seniority shall be fixed on the basis of their service as STIs being companynted together with their service as ASTOs in Madhya Pradesh and service as Accountants, if any, together with their service as ASTOs in Hyderabad.
III under r. 7 of the Allocated Government Servants Absorption, seniority, Pay and Allowances Rules, 1957.
III were made on the basis of separate departmental examinations held in accordance with the rules framed by the former State Governments companycerned.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In accordance with the directive of the Central Government under sub s. S of s. 115 of the Act, the State Government by its resolution dated September 10, 1960, modified Notes 3 and 6 referred to above and directed that the seniority as on November 1, 1956 of ASTOs from Madhya Pradesh and Hyderabad be fixed above all persons absorbed as STIs and that the inter se seniority of STOs from Madhya Pradesh and Hyderabad be fixed on the basis of their companytinuous service as ASTOs.
On November 16, 1957, the State Government by its Resolution purported to direct that the ASTOs from Madhya Pradesh and Hyderabad should companytinue in their respective pay scales until such of them were number appointed as STOs Gr.
the State Government clarified that the provisional gradation list as published would number be finalised until representations, if any, of the Government servants were decided by the Government of India in companysultation with the Advisory Committee.
1956 hereinafter called the Act in the matter of determination of relative seniority and equation of posts as between the Assistant Sales Tax officers abbreviated as ASTOs from the former States of Madhya Pradesh and Hyderabad and Sales Tax Inspectors abbreviated as STIs from the former State of Bombay, who were allocated to the new State of Bombay, and their right to promotion to the posts of Sales Tax officers abbreviated as STOs Grade III.
under their Notification number 1118/3 T. dated the 24th January, 1956 lays down that Inspecting officers, Sales Tax Officers Class I and II and Assistant Sales Tax Officers who are number companyfirmed in their respective posts, should pass the examination within the period specified in clause c of Rule 2 of the said Rules failing which they would be reverted to their substantive post.
The validity of the instructions issued in Ex Hyderabad Finance Department letter No.
Since there were numbercomparable posts of ASTOs in the former State of Bombay, the Central Government directed that the ASTOs from Madhya Pradesh and Hyderabad should number be equated with the post of STIs, but should be companytinued in an isolated category and their seniority should be fixed above the persons in the next lower grade.
The High Court by its judgment, on a writ petition filed by Respondents I to S, who were STIs of the State of Bombay and passed the prescribed departmental examination for promotion as STOs Gr.
The said letter dated 31st October 1955 of the Hyderabad Finance Department, also laid down that such companyfirmed personnel should number be promoted to higher A posts until such times as they companyplete the prescribed Departmental Examination.
1721 of 1966.
The Government of Andhra Pradesh has brought to the numberice of this Government the instructions companytained in Ex Hyderabad, Finance Department, Letter No.
In accordance therewith, a provisional gradation list of those who were absorbed as STIs as on November 1, 1956 as also of those who companytinued as ASTOs in their respective posts with effect from that date was prepared and published by the State Government under r. 2 of the said Rules, on January 21, 1960 and objections thereto were invited within two months from the date of its publication.
III were reverted to the post of ASTO due to their failure to pass the said examination.
Upto and until August 8, 1960, departmental examinations for promotion to the post of STOs were companyducted under the three different sets of rules applicable to the former States of Bombay, Madhya Pradesh and Hyderabad.
7851/ Admn.
dated the 31st October, 1956 was under the companysideration of Government for some time and it has number been decided to observe the instructions companytained in the Finance Department letter of the Ex Hyderabad Slate, and is, therefore, pleased to order that the officers and staff of the Sales Tax Department of the former Hyderabad State, who were otherwise found deserving of companyfirmation on the basis of their companyfi dential records, efficiency and seniority may be companyfirmed in their respective posts held prior to 1st November 1956 against clear vacancies in terms of General Administration Department Circular No.
97 A.D. 12 SR 55 dated 10th September 1956 issued by the Ex Hyderabad Government Such companyfirmed personnel should, however, number be promoted to higher posts until such times as they companyplete the prescribed Departmental Examination.
