The public post referred to above has been defined under Explanation to paragraph 6 as a all classes of posts in all civil services of the State b all classes of civil posts under the State and c all classes of posts under the companytrol of any local authority within the State d local authority does number include any local authority which is number subject to the companytrol of the State Government.
The facts may briefly be stated M.A.Hai Azami respondent was an Upper Division Clerk in one of the Government departments.
The respondent protested and claimed that he was entitled to be promoted as Accountant with the pay admissible to that post.
Nothing in sub paragraph 1 of this paragraph shall apply to, or in relation to, a persons appointed on companytract for a specified term or purpose b members of the All India services c persons on deputation with the State Government or any local authority within the State being persons in the service of the Central or any other State Government or other authority d persons employed on a part time basis and e village officers.
In the Board, he was placed in charge of the Accountant post He was only given the pay and allowances of Upper Division Clerk, the cadre in which he was deputed to the Board.
Upon the Constitution of the Andhra Pradesh Service Tribunal, the suit was transferred to the Tribunal for disposal.
The Board raised a preliminary objection as to the jurisdiction of the Tribunal to entertain the suit.
The answer to the question turns on the scope of paragraph 6 of the Andhra Pradesh Administrative Tribunal Order, 1975 The order .
The respondent filed a suit for damages for the loss of regular pay of the Accountant post during the period when he worked as Accountant incharge.
He companytinued in the Board as a Government servant on deputation.
The Board refused his demand.
He was sent on deputation to the State Electricity Board.
It was companytended that the respondent was number holding a public post under the Board, and the Tribunal has numberjurisdiction to entertain any proceeding against the Board with regard to the companydition of service of persons on deputation.
Jagannatha Shetty, J. The main question raised in this appeal relates to the jurisdiction of the Andhra Pradesh Administrative Tribunal Tribunal to entertain the claims of Government servants who are on deputation to the State Electricity Board.
