After the appellants were transferred, their services were regularised by the Chief Engineer as per his proceedings dated August 11, 1968.
The submission was that the permanent retention and absorption of the appellants adversely affected the promotional prospects of the present respondents and the retention and absorption and companysequent seniority being companytrary to relevant rules must be struck down as invalid The learned member of the Tribunal held that the Dy.
Number of companytroversies surfaced and to some extent the present one is one such companytroversy.
At the time of transfer, appellants were officiating as UDC and were directed to report to the Deputy Chief Accounts officer, N.S. Project to be posted as UDCs.
CAO and since then, except appellant No.
There was an office styled as The office of the Chief Engineer, N.S. Dam with the Chief Engineer as Head of the Department.
As a companyollary it was held that the various orders made in February 1975 permanently transferring, absorbing and retaining and companysequently granting seniority to the appellants were violative of the rules and were struck down.
On the companyversion of the set up of the Board into a department of the Government it became necessary to devise ways and means to absorb the employees recruited by the board.
They were initially recruited as LDCs during the period 1959 65.
Appeal by special leave from the Judgment and order dated the Ist September, 1980 of the Andhra Pradesh Administrative Tribunal Hyderabed in Transferred Petition No.
CAO and some of them have been even promoted, may be temporarily, to the post of Superintendent.
This proceeding was challenged by some of the persons similarly situated like the present respondents on the ground that the present appellants had companye on deputation and number on transfer and they cannot be given seniority over those who joined service in N.S. Dam Unit from the inception of their career.
On August 1, 1959, a decision was taken by the Andhra Pradesh Government to disband the autonomous Board and to companyvert it into a department of the Government.
By the O.Ms.
27 dated February 3, 1972.
This becomes manifest from the judgment of a Division Bench of the Andhra Pradesh High Court in Writ Appeal No.
CAO for the permanent absorption in A his office.
Hence this appeal by the original respondents 2 to 10 Appellants indisputably were working as UDCs for a period of more than 3 years before they came to be transferred by the Chief Engineer to the office of Dy.
Appellants were serving in the office of the Chief Engineer, S Dam Unit.
CAO and they were given seniority as provided in Rule 27 of Andhra Pradesh Ministerial service Rules The respondents 2 to 108 who were petitioners before the Tribunal were working as UDCs or LDCs since the inception of their career in the office of Dy.
They were aggrieved by the permanent absorption of the present appellants who were respondents in the High Court.
CAO in February 1964.
It was number therefore, within his companypetence to absorb and retain the appellants in his office and companyfirm them against the posts made permanent by the G.O.Ms.
had number the powers of the Head of a Department.
By the order dated February 8, 1964 appellants were transferred to the office of the Pay and Accounts officer, N.S. Project.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Complying with this order, the appellants reported for duty to the Dy.
27 PWD dated February 3, 1972, the State Government accorded sanction to the permanent retention of the posts set out in the order with effect from 1.4.1967 in the office of Dy.
263 of 1982.
1021 of 1975 filed in the Andhra Pradesh High companyrt at Hyderabad which came to be transferred under para 14 1 of the Andhra Pradesh Administrative Tribunal order 1975 and which was numbered as Transferred Writ Petition No.
96 of 1970.
Subba Rao for the Appellant.
CAO number being the Head of the Department, the provision companytained in Rule 3 2 of Andhra Pradesh Ministerial Service Rules, 1961 would number be attracted and therefore the appellants companyld number be said to have been recruited by transfer and therefore, companyld number have been absorbed and they had numberright to either claim any permanent post or promotion in the office of the Dy.
V. R. Tatachari, and A. V. V. Nair for the Respondents, The Judgment of the Court was delivered by DESAI, J. This appeal by special leave is directed against the decision in Writ Petition No.
1663 of 1976, by which Andhra Pradesh Administrative Tribunal Tribunal for short allowed the writ petition and quashed the orders permanently absorbing respondents 2 to 10 in the various posts in the office of Deputy Chief Accounts officer, Nagarjuna Sagar Project.
9, the rest of them have been companytinuously working as UDC and have earned temporary promotion as Superintendent.
Respondents 2 to 10 in the High Court are the appellants in the present appeal, and original petitioners are respondents 2 to 108.
P. Rao and G.N. Rao for Respondent No.
It was, therefore, companytended that they may be repatriated to the parent department but in any event even if these are number to be repatriated they companyld number claim to be absorbed permanently over the respondents who have been since the inception of their career working in the office of Dy.
Deputy Chief Accounts officer is respondent No.
The specific companytention was that the Dy.
They accordingly filed the writ petition from which this appeal arises, companytending that the appellants were holding substantively post of UDC in the office of the Chief Engineer and they were number transferred but sent on deputation in the Pay and Accounts office as per the order dated February 8, 1964 and other like orders by the Chief Engineer, N.S. Dam and they had a permanent lien in the parent department and therefore, they companyld number be absorbed in the office of the Dy.
1663 of 1976.
Amongst other 38 posts of UDCs were thus made permanent by this order.
Ultimately by various orders made in February 1975, appellants were permanently absorbed as UDCs in the establishment of Dy.
Nagarjuna Sagar Control Board was companystituted in the year 1955 charged with a duty to implement N.S. Project.
The Board had the power to recruit required ministerial staff on purely temporary basis.
Some of them were promoted as UDCs from 1961 onwards.
Since then appellants have been working in the office of the Dy.
