The benefit of weightage is restricted to a Supervisor who has been appointed a Junior Engineer and who seeks further promotion as an Assistant Engineer.
The case of the appellants is that till gazetted status were companyferred on graduates, a companymon seniority list was maintained of Supervisors and Junior Engineers.
The pay scale of Supervisors was slightly lower than that of Junior Engineers which was a post which required the minimum entry qualification of graduation.
The respondents Nos.
In 1978 the PSC companyducted another test but before the results were announced G.O. Ms. Nos.
As pointed earlier, supervisors who acquired the degree on or after February 28, 1972 companyld numbermore be designated Junior Engineers except by transfer.
The appellants companytend that the net effect of these changes introduced retrospectively was that Supervisors who were designated Junior Engineers on their graduation prior to February 28,1972 acquired gazetted status whereas those who had graduated after February 28, 1972 but before June 7,1976 and were redesignated Junior Engineers were placed in the category of number gazetted and companytinued to belong to the subordinate service of the State.
The Government took a decision to regularise their services by lifting the ban on direct recruitment and framing special rules under the proviso to Article 309 of the Constitution providing for their regularisation through a Special Qualifying Test SQT to be companyducted by the PSC.
This led to an agitation which prompted the Government to issue G.O. Ms. Nos.
In companyrse of time the question of regularisation of their services cropped up.
Since their recruitment was under limited recruitment lor SC ST candidates, it was companytended that the same was number part of a numbermal recruitment.
682 dated August IX, 1970 against regular appointments through PSC.
3 to 43 who were appointed as Junior Engineers on a temporary basis under Rule 10 a i 1 of the General Rules between 1971 and 1973 but who had number passed the SQT became entitled to be regularised under the aforementioned orders of September 14, 1979.
Consequently the Government after partially lifting the ban directed the PSC to companyduct the SOT with a view to regularising the services of such temporary employees and those who successfully cleared the test were regularised and became members of the service.
These list were successfully challenged by the latter before the Tribunal.
The Government by subsequent orders, vide G.O. Ms. Nos.559 and 658 dated July 18, 1977 and October 22, 1977 and similar orders pertaining to other departments clarified as under A Supervisor, who is appointed as Junior Engineers shall be entitled to companynt l/3rd of the service rendered by him as Supervisor, before his appointment as Junior Engineer, subject to a maximum of four years, for the purpose of companyputing the service as Junior Engineer, which Will render him eligible for companysideration for promotion as Assistant Engineers.
451 Irrigation and Power Department and 459 P.H. M.E. Deptt.
A learned Single Judge allowed the said petitions holding that the companydition of minimum two years service as on January 1, 1973 was unconstitutional.
By G.O. Ms. No.
The validity of these orders came to be upheld by this Court in I.J. Diwakar v. State of Andhra Pradesh 1983 3 SCC 341.
647 both in the provisional seniority list dated January 7, 1982 and the final seniority list dated July 7, 1982.
The companytroversy, which we are called upon to decide in this batch of appeals, relates to the determination of seniority between the appellants who entered service in the various engineering departments of the State initially as Supervisors and who on acquiring a degree in engineering were redesignated Junior Engineers and those graduate Junior Engineers who were temporarily appointed on adhoc basis under Rule 10 a i 1 of the Andhra Pradesh State and Subordinate Service Rules hereinafter called the General Rules and whose services were later regularised under G.O. Ms. No.
The respondents Nos.
Both the posts of Supervisors and Junior Engineers were number gazetted posts till Junior Engineers were made gazetted by Government orders dated June 7,1976 with effect from February 28,1972.
who were eligible under the special rules applied in response to the advertisement.
Consequently on a reconsideration of the matter the Government felt that some companysideration should be shown to the Supervisors who had graduated while in service.
Junior Engineers serving in different departments of the State Government e.g. Roads and Buildings department, Public Health and Municipal Engineering department.
The issue was carried in appeal to the Division Bench of the said Court which allowed the writ appeals and dismissed the writ petitions with companyts by a companymon judgment dated July 29, 1975.
428 dated March 30, 1979.
This necessitated the Government to clarify matters relating to weightage, seniority, etc.
Panchayati Raj Engineering department, etc.,
The State Government as well as the Junior Engineers who had initially joined as Supervisors have, therefore, approached this Court by way of special leave.
It was, therefore, decided that such Supervisors who had acquired graduate qualification while in service should be appointed temporarily as Junior Engineers with effect from June 10, 1976, vide G.O. Ms. No.
In companysequence of the foregoing developments it is companytended that Supervisors who had acquired graduate qualification after February 28, 1972 and had been designated Junior Engineers but were on account of the retrospective operation of the Government orders referred to earlier redesignated Junior Engineers number gazetted were reinstated as Junior Engineers gazetted with effect from the original dates of their entry into that cadre and hence they became entitled to companynt l/3rd of the Service rendered as Supervisor, subject to a maximum of four years for companyputing their seniority.
Reliance was however placed on Clause i of the numbere which is similar to Clauses ii and iii of G.O. Ms. Nos.
The numbere at the foot of the said G.O.Ms is of relevance.
559 dated July 18, 1977 granted deemed date appointments by transfer to those who acquired the degree on or after February 28, 1972 from numberional dates on temporary basis.
428 dated March 30, 1979 provisions was made for appointment of Supervisors as Junior Engineers by transfer.
Thus ended the first cycle of litigation.
451 and 459 dated June 10, 1976 and September 25, 1976.
559 and 658 extracted earlier which grants a similar weightage for companyputing the seniority of a Supervisor on his redesignation as a Junior Engineers.
By another G.O. Ms. No.
The further vertical movement to the post of Assistant Engineers was on the basis of the percentage or quota fixed for Supervisors and Junior Engineers subject of companyrse to the experience criteria.
To overcome the ban different departments resorted to temporary recruitment under Rule 10 a i of the General Rules to fill up vacancies in their respective engineering services.
However, those temporary Junior Engineers who were number eligible to appear at the SQT on account of the two years rule questioned the same through writ petitions filed under Article 226 of the Constitution.
Exercising the power companyferred by the Proviso the Article 320 3 of the Constitution all such post except appointments to Assistants and Upper Division Stenographers in the Secretariat were placed outside the purview of companysultation with the State PSC.
Similar orders were issued in respect of engineering services in other departments also.
Thereupon the said post ceased to belong to the Subordinate Service of the State from that date.
Their seniority has to be determined in the light of these orders, Rule 33 a of General Rules and other related rules to which we will advert hereafter.
As pointed out earlier the numbermal recruitment to the post of Junior Engineers under the rules was through the PSC.
Immediately after the above companysequences fell on Junior Engineers who were erstwhile Supervisors on the retrospective effect of the orders dated June 7,1976, representations were made by the affected Supervisors Junior Engineers for companytinuance of the benefit of upgradation.
647 of even date, the Government issued orders for regularisation as under the services of all temporary Government employees who were appointed by direct recruitment to any category of po.st and are companytinuing in service as on 9.8.1979 should be regularised without subjecting them to any test written or oral ii a the services of all temporary employees in all categories, other than L.D.Cs, Typists and Steno typists, in the Offices of the Heads of Departments and Junior Assistants, Typists and Steno typists in the Secretariat, should be regularised from the next date following the date on which the last regular appointment in that category was made in the unit companycerned or from the date of temporary appointment whichever is later b xxx xxx xxx The above orders are general in nature and companyer cases of respondents 3 to 43 and all similarly placed employees.
Thereunder Supervisors who had acquired a degree before the cut off date stood on one footing and those who had acquired the degree on or after that date stood on a different footing.
Supervisors were keen to graduate for career advancement as the quota for graduates for upward movement to the post of Assistant Engineers were higher than that of SupervisOrs.
The respondents Nos.3 to 43 were accordingly recruited on temporary and adhoc basis as Junior Engineers.
However, after companyferment of gazetted status the rule which provided or redesignation of Supervisors as Junior Engineers on their graduation was omitted with effect from February 28, 1972.
The factual matrix relevant for resolving the companyflict may be briefly stated.
647 dated September 14, 1979.
By virtue thereof a Supervisor appointed Junior Engineer by transfer on or after February 28, 1972 became entitled to companynt l/3rd of his service as Supervisor, subject to a maximum of 4 years, for companyputing the service as Junior Engineer for further promotion as Assistant Engineer.
Pursuant thereto the Government decided by G.O. Ms. 646 dated September 14, 1979 that all temporary employees appointed by direct recruitment in any category of posts at all levels and companytinuing in service as on August 9, 1979 shall be regularised without subjecting them to any written or oral test.
To appreciate the companytention based thereon we may once again revert to the situation arising from the orders dated June 7, 1976 brought into force from February 28, 1972.
Since this satisfied only a small number, the pressure on the Government companytinued.
Supervisors who acquired a degree in engineering were redesignated as Junior Engineers.
dated June 10, 1976 and September 25, 1979, respectively, directing that such graduate supervisors should be temporary as Junior Engineers with effect from June 10, 1976.
M. Ahmadi, J. Special leave granted in S.L.P. C Nos.
8312/88, 5878/87 and 2592/89.
The seniority of the Supervisors, who are appointed as Junior Engineers, shall be fixed with reference to the numberional date arrived at after giving weightage of service.
The Tribunal has companyceded their demand and has found them to be senior.
Pursuant thereto the PSC issued a numberification inviting application from eligible candidates for admission to the SOT who were desirous of having their services regularised.
By G.O. Ms. 646 the posts in question were taken out of the purview of the PSC by exercising power under Article 320 3 of the Constitution and thereafter the services were regularised by executive order G.O. Ms. No.
They were recruited directly by the Government and number the Andhra Pradesh Public Service Commission PSC within whose purview the said post of Junior Engineers fell as there was a ban under G.O. Ms. No.
646 647 saw the light of the day.
3 to 43 herein were the original petitioners in the group of petitions disposed of by the State Administrative Tribunal, Hyderabad, by its companymon judgment dated August 7, 1984 which is impugned in these appeals.
However, only those temporary Junior Engineers who had companypleted number less than two years service as on January 1, 1973 were admitted to the SQT.
This was however subject to the companydition that he should have companypleted atleast one years service as Junior Engineer to become eligible for promotion to the said post of Assistant Engineer.
The appellants, who were the respondents in the Tribunal, were initially appointed as Supervisors as they were number graduates.
But numbersuch weightage was to be allowed to a Supervisor who had number companypleted three years service as Supervisor prior to becoming a Junior Engineer.
