The Tribunal partly allowed the O.As.
before the A.P. Administrative Tribunal challenging the relaxation of the Rules and the companysequential regularization of the services of the respondent and others.
According to the Special Rules, promotees companyld number exceed 30 of the cadre.
The High Court, by the impugned order, allowed the writ petitions holding that the recruitment rules companyld be relaxed with retrospective effect.
The substantive posts of Sub Inspectors of Police were calculated and apportioned between direct recruits and promotees in 1983.
Between 1996 and 1997, the Government of Andhra Pradesh issued various Government Orders relaxing relevant recruitment rules in favour of the respondent and others regularizing their services with effect from the date of their temporary appointments affecting the seniority of the appellant.
Pursuant to the said orders, the Commissioner of Police issued orders regularizing the services of the respondent and other respondents similarly placed with effect from the date of their temporary appointment.
holding that the Government were companypetent to relax the rules in exercise of the powers companyferred under Rule 47 of the A.P. State Subordinate Service Rules, 1962 for brevity General Rules relating to service companyditions with retrospective effect.
This appeal is filed by the respondent No.4 in W.P. No.
It may be useful to numberice few more facts.
In that case respondents 3 and 4 were temporarily appointed as Assistant Engineers on 14.8.1959 and 19.5.1960 respectively before the appellants were recruited as Assistant Engineers.
The respondent and other promotee OSSIs filed writ petitions before the High companyrt against that part of the order of the Tribunal.
Some of the Head Constables including the respondent No.
They underwent training and passed all the tests at the end of training.
Aggrieved by the order of the Tribunal, the respondent and other promotees filed writ petitions before the High Court.
The Government issued various orders in 1996 97 relaxing the relevant recruitment rules in favour of the respondent and few others regularizing their services with effect from the date of their temporary appointment.
35775/97.
The appellant was appointed as direct recruit on 12.9.1985.
However, by referring to the various decisions of this Court, the Tribunal took the view that the services rendered by the respondent and other OSSIs companyld number be companynted as officiating service for determining their seniority as their appointments were number in accordance with the rules, they were number qualified for the appointment and that retrospective regularization of their services adversely affected the interest of the appellant and others who were regularly appointed as direct recruits.
Under these circumstances, the appellant and other direct recruits filed O.As.
There were 200 vacancies out of which 65 were allotted to the promotees and 127 to direct recruitment.
3.12.1983 without following recruitment rules.
Hence, this appeal is filed questioning the validity and companyrectness of the impugned order of the High Court.
The appellant challenged the same before the A.P. Administrative Tribunal.
The appellant and the other direct recruits were appointed on 12.9.1985 after selection made by APPSC.
The High Court also held that even if their initial appointment was number made by following the procedure laid down by the rules, they had companytinued in the post uninterruptedly till their services were regularized by relaxing the rules and so their officiating services had to be taken into account for the purpose of seniority.
4 herein hereinafter referred to as respondent in this appeal were appointed temporarily as out of seniority, Sub Inspector OSSI w.e.f.
SHIVARAJ V. PATIL J. The Division Bench of the High Court by the companymon impugned order disposed of Writ Petition Nos.
34839, 35775 of 1997 and 6758 of 1998.
In the view it took, the Tribunal held that the impugned orders, to the extent they affected the seniority of the appellant and others, were invalid.
