The Judgment of the Court was delivered by KULDIP SINGH, J. The questions arising for our companysider ation in these appeals are as under Can the High Court Administrative Tribunal direct the State Government to frame or amend the existing statutory rules to alter the companyditions of service of the civil serv ants in terms of the directions?
P. Rao, G.L.Sanghi, R.K. Jain, P. Rama Reddy, P.A. Choudhary, B. Kanta Rao, Mrs. S.R. Setia, G.N. Rao, Attar Singh, K.V.G. Rama Rao, Mrs. Sharda Devi, K. Ram Kumar, C.S. Vaidyanathan, A.V.V. Nair and C. Prabhakar for the appearing parties.
When there are specialised posts in a feeder cadre and also in the higher cadre, can the Government restrict the promotions from feeder cadre to the higher cadre only spe ciality wise irrespective of the seniority?
124/1987 and Civil Appeal No.
The companyditions of service of the Andhra Pradesh Animal Husbandry Department were initially governed by the Andhra Pradesh Animal Husbandry Service Rules, 1961 hereinafter called 1961 Rules .
The Tribunal, however, issued the above quoted directions primarily on the ground that the State Government was bound to follow the observations of the High Court made in Civil Writ Petition No.
Under these Rules Veterinary Assistant Surgeons were eligible for promotion to three different categories of posts called class IV posts and Rule 6 provid ed special eligibility qualifications for those posts.
1519 of 1986, Civil Appeal No.
3677 of 1987 have been filed by the officers who have been affected by the judgment of the Tribunal but were number parties before the Tribunal.
The State of Andhra Pradesh has challenged the judgment of the Tribunal in Civil Appeal No.
Only those Veterinary Assistant Surgeons were companysidered for promotion to class IV posts who fulfilled the qualifica tions specialised training prescribed under Rule 6 of the 1961 Rules.
From the Judgment and Order dated 4.7.1985 of the Andhra Pradesh Administrative Tribunal, Hyderabad in Representation Petition No.
4532 of 1971 in the Andhra Pradesh High Court.
Some of the Veterinary Assistant Surgeons challenged the vires of Rule 6 of the 1961 Rules by way of Civil Writ Petition No.
It was alleged that at the time of recruitment all the Veterinary Assistant Surgeons possessed Bachelor Degree in Veterinary Science and the special qualifications and train ing prescribed under Rule 6 companyld only be acquired after joining as Veterinary Assistant Surgeon and that also at the discretion of the Government.
The Administrative Tribunal by its judgment dated July 4, 1985 allowed the Petition and issued the directions asked for by the petitioners.
4532 of 1971.
15 19/1986 and 124/1987.
Srinivasan and 44 other class V officers filed Repre sentation Petition No.
578 of 1978 before the Andhra Pradesh Administrative Tribunal seeking a direction that the Special Rules be amended or modified in terms of the observations made by the Andhra Pradesh High Court in Civil Writ Petition No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
4532 of 1971.
WITH Civil Appeal Nos.
In other words.,
1 dated 1.1.76 which was directed to be adopted and followed in the Animal Husbandry Department related to the Agriculture Department.
it was prayed that the State Government be directed to merge all the respective categories in class IV and class V of the Special Rules and promotions from class V to class IV be made on the basis of seniority alone.
3677 of 1987.
578 of 1978.
