4085 4086 of 1984 were appointed in the Panchayat Samithis and Zilla Parishads, Medak, as Lower Division Clerks during the period of 1958 to 1961 of selection made by District Selection Committee.
On 1.7.1976, appellant No.
2 and appellant No.
3347 3350 of 1983, respondents challenged the seniority list dated 28.1.1976.
The qualifications are prescribed in Rule 4.
In the seniority list, the appellants were placed above the respondents.
In Civil Appeals Nos.
The appellants were appoints were appointed as Lower Division Clerks during the period of 1957 to 1959 and promoted as Upper Division Clerks between 1961 to 1964 before the rules came into force.
The appellants who were promoted as Upper Division Clerks before 15.3.1965 passed the Account Test within the extended period after 7.8.1967.
The Andhra Pradesh Panchayat Samithis and Zilla Parishads Act 1959 came into force on 18.9.1959.
3 were promoted as superintendents.
Baqar Hussain was promoted as Superintendent along with Zakir Hussain and Srinivas Rao On 7.2.1976.
In Andhra area, under the Andhra District Board Rules, the Account Test for the local bodies employees was prescribed for promotion of Lower Division Clerks as Upper Division Clerks.
Seniority list of Upper Division Clerks was prepared by proceedings dated 5.6.1975.
In Telangana area, numbersuch Account Test was prescribed as a prerequisite qualification for promotion of Lower Division Clerks as Upper Division Clerks.
They were promoted to the regular vacancies of Upper Division Clerks during the period of 1960 to 1963.
From the Judgment and Order dated 10.7.1984 of the Andhra Pradesh Administrative Tribunal, Hyderabad in R.P. NO.
Venkatesam passed the Account Test in 1966 and Ballaiah passed the Account Test in 1967.
13003 of 1988 arises from R.P.No.
The respondents were promoted as Upper Division Clerks subsequent to the promotion of the appellants and after the rules came into force.
In February 1976, the appellant No.
They were further promoted as Managers on 1.7.1967.
This companycession was number applicable to the employees who were promoted after 15.3.1965.
These promotions were questioned by the respondent claiming seniority over these persons on the ground that they have passed the Account Test in 1966 and 1967.
51 of 1977 on the ground that they have passed the Account Test in 1966 1967 while the appellants have passed the said test only after 1967 and, therefore, the respondents were entitled for promotion to the higher posts before the appellants.
Qualification prescribed by the Government for similar posts were followed as per G.O.Ms.
Counsel for the respondents, on the other hand, maintained that until the appellants passed the Account Test, they were number qualified for being promoted as Upper Division Clerks.
The Andhra Pradesh Panchayat Samithis and Zilla Parishads Ministerial Service Rules were issued by the Governor of Andhra Pradesh in exercise of the powers companyferred under Section 69 of the Act on 15.3.1965.
Learned companynsel for the appellants has taken us through the Government orders, the relevant rules and the other material papers and the judgment of the Tribunal.
The rules which came into force on 15.3.1965 prescribed Account Test for regularisation of the employees in the cadre post.
No specific instructions were issued by the Government that the Lower Division Clerks or the Junior Accountants in the lower category should pass the Account Test for holding the post of Upper Division Clerks in Panchayat Samithis and Zilla Parishads in the Telangana area.
451 of 1981 seeking a relief that the settled final seniority list of Upper Division Clerks should number be disturbed and promotions given on that basis should number be disturbed.
Similar petitions were filed by other parties.
The Rules under the Andhra Pradesh Panchayat Samithis And Zilla Parishads Act 1959 were issued under G.O.Ms.
Appellants in Civil appeals Nos.4085 4086 of 1984 were appointed as Lower Division Clerks in Zilla Parishad, Medak during the period of 1959 to 1961.
Appointments made after 1.12.1959 by the District Selection Committee was to be treated as regular service and their services will be regularised after issue of rules and promotions may be made on emergency basis pending issue of rules on the basis of date of first appointment.
As the Account Test became a new test from 15.3.1965 to the employees of Panchayat Samithis and Zilla Parishads working in Telangana area, the Government granted two years time from 7.8.1967 to 7.8.1969 to enable them to pass the Account Test.
Proceedings of promotion given to the appellants were challenged by the respondents before the Administrative Tribunal by filing R.P. No.
822 dated 22.8.1977 have to be treated as juniors to those having passed the Account Test before 7.8.1967 were fully qualified for regular appointment as Upper Division Clerks irrespective of whether such persons were appointed to the posts of Upper Division Clerks regularly by 22.8.1977 or number.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
The Judgment of the Court was delivered by FATHIMA BEEVI, J. Spcial Leave granted.
The appellants also filed a petition as R.P. No.
The respondents Venkatesam and Ballaiah were promoted as Upper Division Clerks on 16.11.1964 and 21.10.1963 respectively.
Ameeruddin was also promoted as Manager.
Under Rule 4, District Cadre Staff includes both governments and number governments servants.
These appellants 1 to 9 Baqar Hussain, Ameeruddin, S. Vittal, Ghosuddin, C.H. Jagannatham, G. Tulasidas, Y. Vittal Das, Mallaiah Gupta and J.Janardhan Reddy were promoted to the regular vacancies of Upper division Clerks during the period of 1960 to 1963.
Civil Appeal No.
The Tribunal by a companymon judgment dated 10.7.1984 disposed of these petitions.
These appellants passed the Account Test after 7.8.1967 but before November 1974.
1 was promoted as Superintendent along with two other and subsequently they were further promoted as Managers.
Madhava Reddy, G. Prabhakar, Ms. Malini Poduval, Kanta Rao.
4085 4086 of 1984.
The respondents petition was allowed by the Tribunal holding that persons who were number qualified up to 7.8.1967 and who got the benefit of the amendment issued under G.O. Ms. No.
303 R. dated 15.3.1965.
242 of 1978.
In this view, relief was granted in all the petitioners before it by the Tribunal.
1303/88, 3347 3350/83, 3192/85 AND 1808/92.
C.S. Panda, A. Subba Rao and R.N. Keshwani for the appearing parties.
The period was extended by two more years in 1969 and for a further period of two years in 1971.
Proviso to Rule 4 as amended reads thus Provided further that the services in the category of Upper Division clerks of such or the Lower Division Clerks working in Panchayat Samithis and Zilla Parishads who were temporarily promoted as Upper Division Clerks and Senior Accountants prior to 15th march, 1965, but passed the prescribed Account Test before 30th November, 1974 i.e. within the time granted to them by executive orders issued from time to time by the Government to pass the said Account Test shall be regularised from the date of their first temporary promotion or from a subsequent date Provided also that the regularisation of service under the foregoing proviso shall number affect the seniority and promotions to higher posts ordered in accordance with rules in favour of those who passed the said Account Test before the 7th August, 1967.
Finally, the rule itself was amended extending the time up to November 1974.
The respondents were also appointed as Upper Division Clerks before 1965.
WITH A. NOs.
The appellants were in due companyrse promoted as Superintendent and Manager.
Aggrieved by the decision of the Tribunal, the appeals have been preferred on special leave granted by this Court.
51/77 and R.P. NO.451 of 1981.
2107 dated 2.8.1961 in Telangana.
Their Temporary promotion did number companyfer any right on them and their regular appointment can be deemed to have been made only when they passed the Account Test and that being subsequent to the date on which the respondents qualified themselves, they lost their seniority and, therefore, the Tribunal was right in its companyclusions.
The appellant in Civil Appeals No.
The respondents had passed the Account Test prior to 7.8.1967.
The Account Test became obligatory from 15.3.1965 to the employees of Panchayat Samithis and Zilla Parishads working in Telangana area also.
The appellants were further promoted as Superintendents and Managers during the period 1978 to 1982.
By the G.O. Ms. No.
