In the first place, as stated in paragraph 1 of the order, the seniority of number gazetted technical staff, ministerial and few others whose options were number received on account of various reasons, companyld number have been arranged.
On December 28, 1972, the State Government gave an option to all the Junior Engineers including the petitioners and the respondents to choose between the government service and a permanent transfer to the Andhra Pradesh State Electricity Board.
The first ground is that the employ ees having exercised their option under the Government Orders Nos.
The options exercised by the individuals were carefully companysidered by the Government.
The Commission opined that the seniority list companyld number be altered in respect of only 10 petitioners in the said Writ Petition and had to be altered in respect of all the candidates selected, to companyply with the amended Rules.
the same date, namely, October 1, 1973.
Some of them had preferred on April 16, 1980 a Writ Petition being Writ Petition No.
1657/80 are the beneficiaries of the revised seniority list, the present appellants are number.
The Special Leave Petitions Nos.
The appellants as well as most of the companytesting respondents were appointed as Junior Engineers in the Andhra Pradesh Electricity Subordinate Service on emergency basis between 1959 and 1963.
The Judgment of the Court was delivered by SAWANT, J. These matters have a chequered history.
3373 E/70 dated July 17, 1970 addressed to the Government Pleader that the seniority list would be revised in companypliance with the amended Rules so far as the petitioners were companycerned.
1166 dated November, 7, 1973 had given powers to the State Government to settle the seniority of the trans ferred employees as on October 1, 1973.
The second ground given by the High Court was that the transfer itself being subject to the terms and companyditioned mentioned in the aforesaid Government Orders which stated that the transfers were on as is basis which included seniority, the seniority cannot be disturbed on any ground whatsoever.
While they were in service on April 24, 1963, the Andhra Pradesh Public Service Commission hereinafter referred to as the Commission invited applications for regular appointment by direct recruitment to 246 posts of Junior Engineers and on December 21, 1963, the Commis sion forwarded a list of selected candidates to the State Government.
That order being G.O.M. No.
On transfer to the Andhra Pradesh State Electricity Board, the individuals will carry with them the seniority as it existed under Government as on 1.10.73 without prejudice of the seniority of the persons referred to in sub para 1 above, who may be transferred to the Board by a subsequent order of the Government and the seniority with reference to the position between 1.11.1956 to 1.10.1973 is liable to be altered by Government at any time with reference to pending appeals on Common Gradation Lists or with reference to the recommendations of High powered Committee, State Advisory Committee, Central Advisory Com mittee etc.
Since the Govern ment and the Board had acted upon the option exercised by the employees and transferred them from Government service to the service of the Board, they were estopped from revis ing the seniority.
At the same time, in February 1986, some of the petitioners in Writ Petition No.
This list was, however, number arranged according to merits and therefore according to seniority inter se among the candidates.
Accordingly, the Chief Engineer by his Memo.
This seniority list was challenged by the respondents and others who belonged to backward classes by a Writ Petition No.
The learned Single Judge who tried the said writ petition, by his order of March 29, 1978 struck down the said list on the ground that the Chief Engineer of the Electricity Board had numberpower to alter the seniority of the transferred employees whose seniority was fixed by the State Government.
The learned Single Judge disposed of the said Writ Petition on the assurance of the Government companytained in their Memo.
The High Court negatived the companytention that clause 4 of G.O. No.
So also the employees were estopped from claiming that their seniority should be revised on any grounds whatsoever.
6084/74 filed in the High Court in May 1972.
582/80 before the High Court for seeking a direction to the Government to implement the assurance given by it while disposing of the said Writ Petition.
This was a sequel to the re organisation of the States and the amalgamation of the different regions in the State.
shall be governed by the rules and regulations framed by the Board in all matters including matters pertaining to promotions and disciplinary action subject however to iii below and the Andhra Pradesh Civil Service CCA Rules shall cease to apply to them O. Ms. No.
1651 and 1166 dated December 28, 1972 and Novem ber 7, 1973 respectively subject to the terms and companyditions mentioned therein, they were estopped from companytending that the seniority which they carried with them as it existed under the Government as on October 1, 1973 cannot be companytin ued further and was liable to be disturbed because the rule of reservation companytained in old Rule 22 ii c was declared by this Court to be violative of Articles 14 and 16 of the Constitution of India.
On August 4, 1989, the State Government companymunicated the seniority list of the Assistant Engineers to the State Electricity Board and the Board is acting on the same.
2 146 of 1966 giving rise to further proceedings as narrated hereinabove.
1982 of the Andhra Pradesh High Court in W.A. No.
2 146/66 filed Writ petition No.
From the Judgment and Decree dated 15.7.
The High Court has quashed the revised seniority list on .three grounds.
The Government had to say so because admit tedly on that day the seniority of the employees was in flux on account of various reasons.
Unfortunately, the learned Judge did number appreciate the discrimination to which the said assurance was to lead, since the assurance related only to the petitioners before him and had excluded the rest of the Junior Engineers similarly situated.
1657/80 before the High Court for a direc tion to the Government to prepare a seniority list of As sistant Engineers who were appointed from June 15, 1963 in accordance with the statutory Rules and to companymunicate the same to the Board.
2 146 of 1966 and which pro ceedings were number finally disposed of even by October 1, 1973.
On April 15, 1964, the Commission forwarded to the Government the list of selected candidates arranging their names according to merits and seniority and after companyplying with the reservation prescribed by Rule 22 ii c of the Andhra Pradesh State and Subordinate Serv ice Rules hereinafter referred to as the Rules by which the relevant service was governed.
1166, was enough to uphold the companytention of the appellants herein that their seniority as on October 1, 1973 was liable to be revised by the Government at any time.
This amendment was effected to companyply with the decision of this Court in M.R. Balaji Ors.
The seniority as numberified in the said list was chal lenged by a Writ Petition No.
The High Court stated in this companynection that the employees companycerned were specifically numberified that the names mentioned in the Annexure were number arranged in the order of seniority and they were further numberified that the employees would carry with them the sen iority as it existed on October 1, 1973, the only exception being of those employees who were mentioned specifically in sub para 1 of paragraph 6 of G.O. No.
Most of them including the respondents submitted their objections by October 1, 1973 on and from which date those of the Junior Engineers including the petitioners and respondents who had exercised their option to join the Electricity Board, were transferred to the Board.
On April 16, 1982, a learned Single Judge allowed the said petition upholding the plea that the said order No.
2 146 of 1966 in the High Court of Andhra Pradesh in November 1966 by 10 Junior Engi neers belonging to the number reserved category on the ground that the same was in breach of law since it was companytrary both to the said decision of this Court as well as to the Rules as they stood amended on August 11, 1964 w.e.f.
8044 and 10783 of 1987 preferred against the said decision were dismissed by this Court on October 30, 1987 and this Court directed the Board to implement the order of the High Court subject to any decision which may be rendered by this Court in the present appeals.
The Government transferred the Junior Engineers who had opted for service with the Board by its Order of Novem ber 7, 1973 w.e.f.
Aggrieved by the said order the petitioners on August 25, 1978 preferred an appeal before the Division Bench of the High Court dismissed it.
This decision was upheld in appeal by a Division Bench of the High Court by its decision of March 26, 1987.
October 1, 1973 as stated above.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
This was so because firstly, clause 3 of paragraph 6 makes it clear that the names in the Annexure sent along with the order were number arranged in the order of seniority, and did number, therefore, companyfer any right for seniority on the basis, This shows that the Government had number finalised the seniority list, and the list which was sent to the Board with the said order was a provisional one.
Those persons were number gazatted technical staff, ministerial and few others whose options were number received by the Government on account of the delay in transit or for other reasons.
Aggrieved by the said decision, the respondents preferred an appeal on March 30, 198 1 to the Division Bench.
1.10.1973 is liable to be altered by Government at anytime with refer ence to pending appeals on Common Gradation Lists or with reference to the recommendations of High Powered Committee, State Advisory Committee, Central Advisory Committee etc.,
the Government, the Board as well as the employees, that the exercise of the option was final.
In spite of the fact that the Rules were so amended on August 11, 1964 with retrospec tive effect, the State Government on April 29, 1965 gazetted the list of selected candidates as was sent to them by the Commission on April 15, 1964.
The transfer is on as is basis and the names in the Annexure are number arranged in the order of seniority on that basis 6 4 .
The said companytents may be reproduced here at the outset 6 3 .
1166 of November 7, 1973 which was binding on all the companycerned, viz.,
The learned Single Judge by his decision of February 5, 198 1 dismissed the respondents petition upholding the power of the Govern ment to revise the seniority list, and in view of the said order passed in respondents writ petition, numberorders were passed in the petitioners petition.
It appears that along with the appellants and respondents who were the Degree holders, some Diploma holders were transferred to the Board w.e.f.
Some of the respondents replied to the show cause numberice on November 18, 1979 and some of them filed a Writ Petition in the High Court being Writ Petition No.2 15 of 1980 on December 7, 1979 for restraining the Government from revising the seniority pursuant to the show cause numberice.
On August 11, 1964, the State Government amended the said Rules by deleting the said Rule 22 ii c with retrospective effect from April 1, 1964.
The High Court further opined that there was a declaration in G.O. No.
5336 5337 of 1983.
Thereafter on July 15, 1982, the Division Bench of the High Court allowed the appeal of the respondents holding that the Government had numberpower to revise the seniority list.
Accordingly, the Commission on June 27, 1973 sent the companyrected seniority list to the State Government.
The candidates so appointed were put on probation for a total period of two years.
to opt for service under the Andhra Pradesh State Electricity Board subject to the fol lowing Board subject to the following terms and companyditions.
All the officers mentioned in the Annexure to this order, have opted to the Board service in the form prescribed in Annexure I to the G.O. first read above.
1166 With reference to the above orders, the Board and the Chief Engineer have obtained the options from the officers referred to in the Annexure to this order, and forwarded them to the Government.
The result was the list as gazetted was in breach of the said Rules.
After the gazette numberification, on April 29, 1965, the Chief Engineer of the Government appointed all the said candidates to the posts of Junior Engineers who included the appellants and the re spondents and others according to the order of seniority companymunicated by the Commission.
P. Rao, S. Sitaramayya, K. Parasaran, T.V.S.N. Chari, Ms. B. Sunita Rao, Ms. Manjula Gupta, B. Parthasarthi, A. Subba Rao, A.D.N. Rao and K.R. Choudhary for the appearing parties.
it did number or companyld number reserve such power to meet the situation arising out of the orders of the companyrts in the disputes pending between the appellants and the respondents herein.
On November 5, 1974, the Chief Engineer of the Elec tricity Board to which the petitioners and respondents had stood transferred permanently from October 1, 1973 after companysidering the representations against the seniority list received from the affected Junior Engineers, issued a re vised seniority list.
The employees on transfer to the Boards i. shall cease to be Government servants and shall hence forth be the employees of the Andhra Pradesh State Electric ity Board.
with reference to the seniority position between November 1, 1956 and October 1, 1973.
The result is that whereas the petitioners, namely, the Diploma holders in the said Writ Petition No.
We should have thought that a mere reading of these two Government Orders and particularly G.O. No.
In view of the options exercised by the officers, the Government have decided to and accordingly transfer the services of the officers, mentioned in the Annexure to this O. to the A.P. State Electricity Board with effect from 1.10.1973 forenoon on the terms and companyditions specified in paragraph 3 above and also those mentioned hereunder Orders in respect of the number gazetted technical staff, ministerial and of few others whose option forms have number been received by the Government on account of delay in transit or for other reasons, will issue separately 2 The transfer is on as is basis and the names in the Annexure are number arranged in the order of seniority and do number therefore companyfer any right for seniority on that basis On transfer to the Andhra Pradesh State Electricity Board, the individuals will carry with them the seniority as it existed under Government as on 1.10.1973 without preju dice of the seniority of the persons referred to in sub para 1 above, who may be transferred to the Board by a subse quent order of the Government and the seniority with refer ence to the position between 1.11.1956 to sic.
dated August 8, 1973 circulated.the said seniority list and invited objections from all the companycerned Junior Engineers.
The Gov ernment accepted the said list, and on July 23, 1973 direct ed its Chief Engineer to circulate the said revised list and to invite objections to the same within a stipulated period.
April 1, 1965.
Since numberstay was granted pending the appeal, the Government by its order dated May 26, 198 1 issued a final revised seniority list after company sidering the representations of the persons belonging to the backward classes including the respondents.
Secondly, the Government companyld number have ignored the position that as on October 1, 1973 the dispute with regard to the seniority of the appel lants and the respondents herein was pending in the High Court right from November 1966 when, as stated earlier, 10 Junior Engineers including some of the present appellants had filed Writ Petition No.
194 of 1981.
As regards the gazetted technical staff such as the appellants as well as the numbertechnical staff, there were appeals pending against the Common Gradation Lists prepared as per the recommendations of the HPC, SAC, CAC etc.
