The Telengana area officers filed those three appeals challenging the finding of the High Court that the decision of the Central Government dated 24 December, 1965 was number final and that it was open to the Central Government to companysider the temporary stop gap or fortuitous service of Engineers from a particular region for the purpose of seniority after giving an opportunity to the effected persons and after companysultation with the Central Advisory Board.
1363 of 1966 and 1439 of 1967 filed by the Andhra officers.
These three appeals arise out of writ petitions No.
These were numbered 799, 833 land 896 of 1967.
Counsel on behalf of the Andhra State officers companytended that the decision of the Central Government dated 22/24 December, 1966 was number in violation of the principles of natural justice inasmuch as Telengana area officers had made representations in the year 1965.
799, 833 and 896 of 1967 filed by the Telengana officers.
The decision of the Government of India dated 22/24 December.
799 and 833 of 1967 and the appellants in this Court are the Andhra State officers.
The High Court however expressed the view that the temporary promotions of Executive Engineers and Assistant Engineers in the Andhra State prior to 1 November, 1956 were stop gap or fortuitous arrangements.
In other words, the services of officers in the second category might be regularised with effect from the dates prior to 1 November, 1956 on which they companypleted the minimum number of years of service in the lower cadre neces sary for promotion as Assistant Engineers.
The decision of the Government of India dated 22/24 December, 1966 was quashed on the ground that it suffered from the vice of denial of principles of natural justice to the Telengana area officers.
157, 158 and 343 of 1969 are pending in this Court.
The Divisional Engineers of Telengana area were to be placed en bloc at the end of third category.
The High Court further said that they refrained particularly from examining the individual cases of the Andhra State officers inasmuch as the same might number arise if the principles of equation of posts and integration were settled after due companysideration of the representation on fair and equitable basis.
2437 and 2438 of 1969 arise out of writ petitions No.
The Telengana area officers also asked for an order quashing the decision dated 22/24 December, 1966 of the Government of India approving the retrospective regularisation and relaxation of numbermal rules with regard to temporary appointments made in Andhra State to the post of Assistant Engineers and by promotion from the next lower category of officers.
Subsequent to the filing of the writ petition by the Andhra employees the Government of India on 22/24 December, 1966 gave a decision to the effect that the companytinuous service of some of the Andhra officers prior to 1 November, 1956 should be taken into account in determining.
Ram Reddy and K. Jayaram, for respondent No.
The Andhra officers filed writ petition No.
In the result, the High Court dismissed the writ petitions No.
1439 of 1967 and asked for order quashing the, decision dated 22/24 December, 1966 of the Government of India in so far as it related to rejection of regularisation with retrospective effect of officers of Andhra State falling under categories b and c mentioned in that decision.
It was also said that the decision of the Central Government dated 22/24 December, 1966 was numberhing more than accepting in part the recommendations of the Central Advisory Committee given in the month of November, 1965.
Jagadish Swarup, Solicitor General of India, S. N. Prasad and S. P. Nayar, for respondent No.
799, 833 and 896 of 1967 filed by the Telengana area officers.
It was also said that the appointments in the Andhra State were initially irregular, but they were number invalid appointments.
The State Government prepared a provisional companymon gradation list of gazetted officers in the month of November, 1961.
The appellants were Engineers in the employment of Andhra Slate.
2436 and 2439 of 1969 arise out of writ petitions No.
Appeals from the judgment and orders dated February 23, 1968 of the Andhra Pradesh High Court at Hyderabad in Writ Petitions Nos.
Civil Appeals No.
In The third category were placed those who had either number satisfactorily companypleted their probation in the lower cadre and or had number companypleted the required number of years of service in the lower cadre on the date on which they were promoted as Assistant Engineers and also had number companypleted the minimum required service for promotion on any date before 1 November, 1956.
Broadly stated, the Central Government equalised the posts of Andhra State and Telengana area under four categories.
The Telengana area officers filed three writ petitions in the Andhra Pradesh High Court.
In writ petition No.
V. Patel, Y. Suryanarayana, M. J. Rao, P. L. N. Sharma Narayana Rao for the appellants in all appeals .
Prior to the reorganisation a Conference of Chief Secretaries was held in the months of April and May, 1956.
The Andhra employees thereupon filed writ petition No.
2436 of 1969 questioning the decision of the Government of India dated 14 June, 1966.
Thereafter the Andhra Pradesh Government on 17 March,.
833 of 1967 the Telengana area officers asked for mandamus directing the respondents to treat the posts of Executive Engineers of Telengana area as equivalent to the posts of Executive Engineers Special Grade of Andhra State and to treat the post of Divisional Engineers of Telengans region as equivalent to the post of Executive Engineer Ordinary Grade of Andhra region and to integrate their services according to the agreed principles at the Chief Secretaries Conference in the months of April and May, 1956.
In writ petition No.
The Government of India on 14 June, 1966 reiterated its earlier decision dated 24 December, 1965 and was of the view that it was number possible to alter the decision already taken against the action of regularisation with retrospective effect.
The High Court allowed writ petitions No.
1966 made a strong representation to the Central Government defending as essential the retrospective regularisation of the services of the personnel belonging to the former State of Andhra.
The Telengana officers also asked for orders quashing the decision dated 22/24 December, 1966 of the Government of India approving the regularisation with retrospective effect and relaxation of the numbermal rules with regard to temporary appointments made by Andhra State to the post of Executive Engineer and by promotion from the next lower category of officers.
in C.As.
The decision of the Government of India dated 22/24 December, 1966 was that the Central Government classified Assistant Engineers of Andhra State whose services were regularised with retrospective effect into three categories.
896 of 1967 the Telengana area officers asked for mandamus directing the respondents to treat the posts of Assistant Engineers of Telengana region as a class superior to the post of Andhra State Engineers and the post of Sub Engineers and Sub Divisional Officers of Hyderabad State as equivalent to the post of Assistant Engineers of Andhra State and to integrate the services of the personnel of the two regions by adhering to the agreed principles at the Chief Secretaries Conference in the months of April and May, 1956.
1363 of 1966 being Civil Appeal No.
1363 of 1966 and 1939 of 1967 filed by the Andhra State officers.
In the fourth cate Crory were placed the Assistant Engineers of Andhra and Telengana and thereafter sub Engineer and Sub Divisional Officer of Telengana.
Civil Appeals No.
It may be stated hero that Civil Appeals No.
799, 833 and 896 of 1967 filed in the Andhra Pradesh High Court by the Telengana area officers.
In writ petition No.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
S. Gururaja Rao and S. Markhandeya, for respondents Nos.
1 12 in C.A. No.
2438/69 .
The State of Andhra Pradesh was formed out of the former State of Andhra and the Telengana area of the former Hyderabad State hereinafter referred to as the Andhra State and the Telengana area .
799 of 1967 the Telenigana area officers asked for mandamus directing the respondents lo treat the post of Sub Engineer of Telengana area as equivalent to the post of Assistant Engineer of Andhra State and integrate the services of Sub Engineers of Telengana area and Assistant Engineers of Andhra State according to the agreed principle at the Chief Secretaries in the months of April and May, 1956.
2438/69 .
The third category went to Executive Engineers of Andhra and Executive Engineer as well as Divisional Engineer of Telengana area.
As regards the officers falling under the third category the Central Government decided that their services might number be regularised from dates prior to 1 November, 1956.
The Telengana area officers also asked for an order quashing the decision of the Government of India dated 22/24 December, 1966 approving the retrospective regularisation and relaxation of rules in regard to temporary appointments by the Andhra State to the post of Assistant Engineers.
2436 2439/69 Respondent No.
1363 of 1966, 799, 833 and 1439 of 1967 res pectively.
2436 2439/69 Respondent No.
The State of Andhra Pradesh said that it was valid and proper to take into companysideration the companytinuous service of the Andhra employees from a date anterior to 1 November, 1956.
2437/69 and Respondent No.
in the second category fell those who had satisfactorily companypleted their probation in the lower post but number companypleted the requisite number of years of service in the lower cadre on the date on which they were promoted as Assistant Engineers but companypleted the minimum required service for promotion on some dates before 1 November, 1956.
The first category was in respect of those Assistant Engineers of Andhra State who had satisfactorily companypleted their probation in the lower post and had also put in the required number of years of service in the lower cadre on the date on which they were promoted as Assistant Engineers and whose cases companyld number be referred to the Public Service Commission in time because of administrative delay.
2436/69 , for respondents Nos.
The respondents who were Telengana officers in the employment of the State of Hyderabad companytinued to serve the State of Andhra Pradesh.
2436 to 2439 of 1969.
There were two Advisory Committees.
113 in C.A. No.
The subject matter of these appeals relates to the equation of posts and integration of services of officers of the Public Works Department in the State of Andhra Pradesh companysequent on the reorganisation of States in the year 1956.
2, in C.A. No.
The Central Government thereafter on 24 December, 1965 after companysidering the representations made by the personnel of both the Telengana area and the Andhra State gave its final decision companycerning the equation of posts and inter se seniority of officers holding equivalent posts.
2438/69 .
One was with respect to the gazetted staff and the other with respect to number gazetted staff.
14 in C.A. No.
On 1 November, 1956 the State of Andhra Pradesh came into existence under the States Reorganisation Act, 1956 herein after referred to as the Act .
9 4 9 Thereafter in the month of April, 1957 the Government of India informed the State Government of its decision to establish two Advisory Committees one at the Centre and the other in the State for assisting the Central Government in dealing with all representations from service personnel affected by the reorganisation.
Following the recommendation of the Advisory Committee on the integration of gazetted services of Public Works Depart ment and the suggestions made by the Government of India the State Government in the month of December, 1960 laid down certain principles for integration of services and preparation of companymon gradation list of Andhra and Hyderabad personnel belonging to gazetted Engineering Service of the Public Works Department.
1363 of 1966 and 1439 of 1967 filed by the Andhra officers and writ petitions No.
The Government of Andhra Pradesh companystituted Advisory Committees for integration of services of Andhra and Hyderabad States and preparation of companymon gradation lists for all service personnel in Andhra Pradesh.
The Judgment of the Court was delivered by Ray, J. These four appeals are by certificate from the companymon judgment dated 23 February, 1968 of the Andhra Pra desh High Court.
10 in C.A. No.
2437/69 and Respondent No.
9 in C.A. No.
The companyclusions of the Advisory Committees were reviewed by the State Government and the opinion of the Central Government was sought and adopted by the State Government on decisions to be taken.
1 8 in C.A. No.
These four principles were first, the nature and duties of a post second, the responsibilities and powers exercised by the officers holding a post the extent of territorial or other charge held or responsibilities discharged third, the minimum qualifications, if any, prescribed for the two posts and fourthly, the salary of the post.
In the second category were placed Superintending Engineers of both the places.
2437/69 and respondents Nos.
It was agreed at the Conference that four principles should be followed for equation of posts in the two services, namely, the services of Andhra State and Hyderabad which were to be allocated to the State of Andhra Pradesh.
in C.A. No.
In the first category were placed Chief Engineers of Andhra and Telengana.
On the formation of the State of Andhra Pradesh the appellants under the provisions of the Act companytinued to serve the State of Andhra Pradesh.
The Telengana Engineers thereafter filed petitions for special leave to appeal to this Court against the judgment of the Andhra petitions in Pradesh Court.
