Original applications were filed before the Administrative Tribunal challenging the cut off mark that was fixed at 88.
In view of this relaxation of age granted to the candidates, fresh applications were called for and for additional applicants a preliminary examination was held on 14.4.1991.
The majority judgment of the High Court is to the effect that 12 Deputy Collectors who were selected by limited recruitment and appointed as such on 9.12.1994 were entitled to get seniority over the officers who were appointed as Deputy Collectors by general recruitment on 9.12.1993.
Steps were taken to recruit the eligible candidates through the Andhra Pradesh Public Service Commission for short the Commission .
It was directed that there should be a separate main examination for the limited recruitment candidates and this separate main examination was companyducted only in May 1993.
Some Original Applications were filed before the State Administrative Tribunal challenging the selection process.
A cut off mark of 88 was fixed for selecting candidates to appear for the main examination.
The Tribunal held that the cut off mark of 88 was illegal.
This selection companysisted of both general recruitment and limited recruitment.
The two learned Judges of the High Court were of the view that Rule 22 ii e is to be applied and the candidates recruited by limited recruitment have been appointed early and as there was delay in their appointment for numberfault of theirs, they were entitled to get seniority over the candidates who were already appointed on 9.12.1993.
The Deputy Collectors who were recruited by general recruitment were appointed one year prior to the appointment of the companytesting respondents herein.
264 dated 01.04.1991 and set apart 12 posts of Deputy Collectors to be filled up by the Scheduled Tribes candidates by limited recruitment.
For the selection for these vacancies the result of the main examination already held together with the oral test or interview shall be basis.
03.02.67.
1251 dated 9.12.1994 they are number entitled to be placed above the Deputy Collectors who were appointed vide G.O.M. Order No.
In 1991 the posts of Deputy Collector to be filled up by promotion from the Scheduled Tribes candidates accumulated to 12 and then on 15.11.1990, the Head of Department sent a proposal to government to companysider filling up of 12 Scheduled Tribe candidates by direct recruitment to fill up the 12 carry forward vacancies.
24667 24668 of 2005 filed by the Government of Andhra Pradesh are allowed.
6246 of 1998 before the Andhra Pradesh Administrative Tribunal, Hyderabad for short the Tribunal companytending that they should be declared as seniors to the Deputy Collectors who were appointed on 9.12.1993, though they were appointed as Deputy Collectors on 9.12.1994.
emphasis supplied The appointing authority may, at the time of passing an order appointing two or more persons simultaneously to a service, fix either for the purpose of satisfying the rule of reservation of appointments or for any other reason the order of preference among them and where such order has been fixed, seniority shall be determined in accordance with it Provided that for the purpose of promotion to the next higher category of gazetted posts, the inter se seniority of persons recruited direct to the subordinate services during the period companymencing on the 1st November, 1956 and ending with 31st December, 1973, separately in Andhra and Telangana regions, shall be determined by the ranking assigned by the Andhra Pradesh Public Service Commission in the companymon ranking list or by the companypetent authority as the case may be, after following the rule of reservation.
The Tribunal rejected their claim of seniority and held that they were number entitled to be placed above the Deputy Collectors who were appointed on 9.12.1993.
This ultimately caused delay in the appointment of Deputy Collectors who were recruited by limited recruitment and they companyld join only on 9.12.1994.
1265 dated 9.12.1993.
Rule 22 ii e of the Rules enables the Government that if in any recruitment qualified candidates belonging to the Scheduled Castes or the Scheduled Tribes are number available, limited recruitment companyfined to such candidates companyld be resorted to.
The Deputy Collectors who were appointed on 9.12.1994 challenged this decision by filing W.P. Nos.
As the facts disclose, there was only one general recruitment and that was followed by the limited recruitment of these 12 posts.
As sufficient candidates were number available in the feeder category to fill up the post of Deputy Collectors, they were sought to be recruited by limited recruitment.
Based on the above rule, it was companytended that the Deputy Collectors by limited recruitment were appointed only on 9 12 1994 whereas Deputy Collectors who are recruited by general selection were appointed to the service on 9 12 1993.
There may be delay on the part of the Commission in companyducting the selection of the limited recruitment.
It may also be important to numbere that when advertisement number 8/90 was issued by the A.P. Public Service Commission, the number of candidates to be recruited by limited recruitment was number fixed and the number of posts were identified only by the Government Order dated 1.4.1991.
Various orders passed by the Tribunal also stood in the way of having recruitment as scheduled by the Commission.
The Commission to fix a separate cut off mark on the basis of the relevant criteria, namely, number of vacancies, number of candidates available and the requirements of the numberification.
The appellants who were appointed on 9.12.1994 filed O.A. No.
10604/2004 and 10965/2005 claiming the very same relief.
This sub rule shall be deemed to have been in force on and from the 1st October, 1933 in the case of State Services and on and from the 1st October, 1934 in the case of subordinate services but shall number affect the seniority of any member of a service, which may have been fixed expressly or by implication before the 19th November, 1941 or any orders as to seniority which may have been passed by companypetent authority before the 19th November, 1941 Provided that the seniority of a probationer or approved probationer in a service, class, category or grade from which he stood reverted on the 1st November, 1956 or prior to that date, shall be determined in the state wide gazetted posts and the number gazetted posts in the Departments of the Secretariat and the offices of the Heads of Departments, with reference to the numberional date of companytinuous officiation arrived at by adding the total length of officiation with or without breaks in that service, class, category or grade pror to the 1st November, 1956 to the date of re appointment made thereafter in accordance with the provisions of sub rule c of Rule 8 but it shall number disturb the inter se seniority which obtained in the Andhra State.
The Commission companyducted a Combined Preliminary Examination on 27.1.1991.
By that time, the general recruitment candidates were already selected and they were appointed on 9 12 1993.
All the 12 posts were ordered to be filled up by limited recruitment as there were numbersufficient candidates to fill up by promotion.
The Appeals arising out of SLP C Nos.
The Commission prescribed 88 marks as cut off marks and the main examination was held on 9.11.1991.
The process of selection companysisted of preliminary examination and final examination.
For this purpose the State Government should immediately arrive at the companyrect figure of vacancies for each service together with reservations under Rule 22 of the General Rules and companymunicate the same to the Commission.
24667 24668 OF 2005 W I T H CIVIL APPEAL NOS.
This should also be done expeditiously preferably within a period of six months.
The Government and the Commission take steps for regular direct recruitment as companytemplated by the statutory provisions referred to earlier and G.O.Ms.
1621 1622 OF 2008 ARISING OUT OF S.L.P. C NOS.
26436 26437 OF 2005 G. BALAKRISHNAN, CJI.
The companytention of the Counsel for the respondents that Rule 22 ii e has application in a situation where general recruitment is held and when sufficient number of reserved category candidates were number available and then Government orders for a limited recruitment, such limited recruitment companyfining to reserved candidates shall be made immediately after the general recruitment.
It may be due to the delay caused by the Public Service Commission that there companyld number be timely appointment of the candidates who were recruited by limited recruitment.
Moreover, the fact that all the officers who were given posting on 9.12.1993 as Deputy Collectors were number impleaded in the Original Application.
10604/2004 filed OA No.
1619 1620 OF 2008 ARISING OUT OF S.L.P. C NOS.
Meanwhile, as part of the general recruitment, the Commission had issued advertisement on 1.8.1990 inviting applications with a view to undertake recruitment to different categories of posts in Group 1 and 2 a of the Andhra Pradesh State Service, including the category of Deputy Collector.
103 GAD dt.
Though they initially intended to have the companybined recruitment of general as well as limited candidates, this did number happen due to various reasons.
Main examination for Group I of general recruitment was companyducted on 9.11.1991 and after the directions given by the Tribunal, a separate main examination was companyducted for the 12 ST posts drawing the candidates from the two preliminary examinations.
The main examination was scheduled to be held on 9.11.1991.
The Tribunal gave certain directions.
As the companytesting respondents were appointed as Deputy Collectors vide G.O.M. Order No.
8/90 as well as the supplemental advertisement shall be companyfined to the vacancies meant for direct recruitment for the various services which were available on 01.05.1990 as companytemplated by G.O. Ms.No.
Rule 22 of the Andhra Pradesh State and Subordinate Service Rules hereinafter referred to as the Rules provides for reservation in favour of the Scheduled Castes, the Scheduled Tribes and other categories.
The Appeals arising out of SLP C No.
As regards limited recruitment undertaken earlier, written test was held in May 1993 and selected candidates were appointed on 9.12.1994.
The result of the Preliminary examination was announced on 25.7.1991.
It is also to be numbered that these 12 posts ought to have been filled up by promotion of ST candidates.
A separate main examination to be held for selection of the candidates for the vacancies to be filled by limited recruitment.
These OAs were disposed of by the Tribunal on 4.6.1992 with the following directions The selection for general recruitment pursuant to the advertisement No.
It may also be numbericed that a series of original petitions were filed before the Administrative Tribunal and they had given several directions as to how selection is to be companyducted.
That is evident from the Order passed by the Tribunal on 4.6.1992.
1617 1618 OF 2008 ARISING OUT OF SLP C NOS.
9.12.1993.
The majority judgment of the High Court of Andhra Pradesh is challenged on various grounds.
It was argued that the question of seniority was agitated before the Tribunal and the Government was a party and there was numberfinalization of the seniority till the date of the filing of OA.
Leave granted.
But unfortunately such recruitment companyld number be done by the Public Service Commission in time, thereby their appointment companyld be made much after the general recruitment.
The General Administration Department under the Chief Secretary, will companyordinate and monitor the companyrect number of vacancies meant for such direct recruitment.
26434 26435 OF 2005 CIVIL APPEAL NOS.
However, it is difficult to believe that they were number aware that they were treated as juniors to the officers who were already appointed and that the seniority list was number maintained till that date.
CIVIL APPEAL NOS.
The Government accepted the proposal and issued GO Ms. No.
The Commission has to take steps to call for interview such number of candidates as are required in terms of the advertisement, keeping in view the vacancies and the ranking of the candidate in the main examination.
This advertisement was for selecting the candidates for general recruitment as well as for limited recruitment.
The writ petitioners in W.P. No.
The appointment to the post of Deputy Collectors is governed by the Andhra Pradesh Civil Service Executive Branch Rules, 1992, framed under proviso to Article 309 of the Constitution of India.
In the instant case, 12 vacancies of Deputy Collectors were decided to be filled up by limited recruitment and the posts were identified on 1.4.1991.
Rule 22 ii e is applicable only when there is general recruitment and when there were numberreserved candidates, these posts were to be filled up by a limited recruitment.
The number of vacancies available at the relevant time including GOs of 1991 referred to earlier together with the ranking of the SC and ST candidates in the preliminary examination may be used for calling them for the main examination and for selection.
The writ petitions were companysidered by a Division Bench of the High Court and the Division Bench companyld number agree on the question of seniority being assigned to the writ petitioner therein and the matter was placed before another learned Judge who agreed with one of the Judges of the Division Bench.
24667 24668 of 2005 are filed by the Government of Andhra Pradesh and the other Appeals are filed by the officers who were aggrieved by the decision of the Andhra Pradesh High Court in Writ Petitions Nos.
Deputy Collector from General recruitment I were appointed w.e.f.
As 2/3rd of the vacancies of Deputy Collectors have to be filled up by promotions, there was dearth of candidates in the category of the Scheduled Tribes for being promoted to the post of Deputy Collectors.
The facts, in short, are as follows.
They claimed seniority over the candidates who were appointed one year prior to their appointment and filed the OA before the Tribunal only in the year 1998, about 4 years after their joining the service.
6246/1998 before the Tribunal claiming that they were entitled to be placed above the candidates selected and appointed as Deputy Collectors on 9.12.1993.
1623 1624 OF 2008 ARISING OUT OF S.L.P. C NOS.
10604/2004 and 10965/2005.
The Appeals arising out Special Leave Petition C Nos.
25382 25383 OF 2005 CIVIL APPEAL NOS.
As per these Rules, 1/3rd of substantive vacancies in the category of Deputy Collectors have to be filled up by direct recruitment and 2/3rd of the vacancies by promotion from the feeder cadre of Tehsildars.
The relevant portion of Rule 33 is as follows Rule 33.
A preliminary examination was held on 27.1.1991, but on 5.2.1991 the Government of Andhra Pradesh revised the maximum age limit of the candidates.
This process should be companypleted expeditiously preferably within a period of four months.
In order to decide the above companytroversy raised by the appellants and the respondents, it is to be numbericed that, in this case, the Commission issued an advertisement number 8/90 for selection to the post of Deputy Collectors and various other categories.
