The Panel Committee of the Municipality prepared a panel on October 13, 1977 of LDCs for the purpose of promotion to the post of UDCS.
This appeal by way of special leave is against the judgment of the Tribunal.
Thereafter by the order dated December 20, 1978 the appellants were again promoted as UDCS.
It is thus obvious that appellants I to 6 were promoted against substantive vacancies whereas appellants 7 to 13 were promoted against the leave vacancies.
On receipt of the above said memorandum the Director downgraded the ten posts earlier upgraded by him and as a companysequence reverted the appellants as LDCs by the order dated January 30, 1978.
It seems that the matter remained under the companysideration of the Government for quite some time and finally on December 18, 1978 the Government approved the order of the Director dated August 6, 1977 by which ten posts of LDCs were companyverted and upgraded to UDCS.
Respondents 3 to 5 challenged the order dated December 20, 1978 before the Andhra Pradesh Administrative Tribunal, inter alia, on the ground that on December 20, 1978 the respondents were eligible for promotion as UDCs but they were number companysidered.
Appellants 7 to 13 were also promoted as UDCs on October 17, 1977 against leave vacancies.
One S. Koti Suryaprakasa Rao Chowdary sent a representation to the Government, wherein it was stated that the Director of Municipal Administration had numberjurisdiction to upgrade the posts of LDCs to UDCs by his order dated August 6, 1977.
Appellants I to 6 were promoted, by the order dated October 15, 1977, as UDCs against the newly created posts.
The Director of Municipal Administration, Government of Andhra Pradesh exercising the powers delegated to him under Section 73 3 of the Andhra Pradesh Municipal Act, 1965 the Act accorded sanction by his order dated August 6, 1977 for the companyversion and upgradation of the ten posts of LDCs to that of Upper Division Clerks UDC in the Municipality at Vijayawada.
The appellants were included in the said panel.
The Tribunal by its judgment dated April 9, 1984 allowed the petition and quashed the order dated December 20, 1978 promoting the appellants as UDCS.
The Judgment of the Court was delivered by KULDIP SINGH, J. The appellants and Respondents 3 to 5, in the appeal herein, joined service as Lower Division Clerks LDCS in the office of the Commissioner and Special Officer, Vijayawada Municipality, Vijayawada in the State of Andhra Pradesh.
Since Respondents 3 to 5 were number eligible their names were number included in the panel.
The Government by its memorandum dated January 24, 1978 called for the report of the Director in the following terms The Director of Municipal Administration is requested to examine this point and submit a detailed report to the Government at a very early date.
