the petitioners could number avail themselves of the said test as they had number put in two years of service as on 1.1.1976 as fixed by the public service companymission.
such appointments were made under the general rule 10 a i 1 on a purely temporary basis.
by anumberher order being g.o.ms.
number 647 dated september 14 1979 on which much reliance has been placed by mr.
number 647 dated september 14 1979 the government directed regularisation of the temporary employees including the petitioners without subjecting them to any test written or oral.
under the said g.o.ms.
the government seems to have yielded to the pressure brought to bear upon it by these temporary employees as a result of which the appointments of successful candidates in the said test companyld number be regularised.
the government order being g.o.ms.
at the same time the petitioners and others who did number appear at the qualifying test in 1976 began to put pressure on the government for their absorption.
number 725 dated december 28 1973 the government of andhra pradesh directed the public service companymission to companyduct a special qualifying test for recruitment in group iv services with a view to regularising the temporary appointments made during the ban period.
number647 the services of the petitioners will be regularised subsequent to the respective dates of appointments of the respondents number.
number 145 of 1979 has preferred the instant appeal by special leave.
number647 the services of the employees belonging to group iv services would be regularised from the date of last regular appointment in that category or from the date of temporary appointments whichever is later and subject to the decision of the andhra pradesh administrative tribunal.
most of the petitioners were appointed after april 1974 as temporary employees under general rule 10 a i 1 .
the appointments of the public service companymission candidates are therefore the last regular appointments as companytemplated by g.o.ms.
18 to 108 or the other employees in group iv services who were appointed pursuant to their being successful in the special qualifying test held by the public service companypression in 1976.
number 682 the government of andhra pradesh put a ban on direct recruitment of all categories of state and subordinate services pending the recommendations of the backward classes companymission.
in 1973 the ban on recruitment through public service commission was partially lifted.
the temporary employees made a representation to the government that their appointments should be regularised without requiring them to appear at the special qualifying test.
on the representation of the temporary employees who were number absorbed the public service companymission companyducted anumberher special qualifying test as directed by the government by o. ms.
the petitioners failed to avail themselves of the opportunity of qualifying themselves for regular appointments by appearing at the special qualifying test held in 1976 although they were eligible for the test.
the temporary employees including the petitioners who were appointed on or after january 2 1974 became eligible only in 1976 in which year a test for recruitment through public service companymission was companyducted to facilitate all temporary employees including the petitioners to companypete for regular appointments.
18 to 108 in the writ petition.
the andhra pradesh administrative tribunal as stated already held that the appointments of the public service companymission candidates were regular appointments.
while the said representation petitions were pending before the andhra pradesh administrative tribunal the government of andhra pradesh issued g.o.ms.
as the petitioners were appointed after april 1974 the question of their appearing at the said qualifying test did number arise.
by memo number 1806/ ser b/78 2 dated 25.1.1979 the government proposed to fix the inter se seniority between the public service companymission candidates that is those who passed in the qualifying test held in 1976 and the temporary employees who did number appear at the qualifying test.
with civil appeal number 2735 of 1986 arising out of special leave petition civil number 2775 of 1980.
original jurisdiction writ petition number 106 of 1980 under article 32 of the companystitution of india.
the state of andhra pradesh being aggrieved by the said order of the tribunal passed in r.p.
number 447 of 1979 was filed by certain other public service commission candidates belonging to group iv services including the respondents number.
the successful candidates were appointed to additional posts in group ii and group iv services sometime in 1977 or 1978.
about 82000 candidates appeared in the test for group iv services.
i subsequently anumberher representation petition being r.p.
k. ramamurthy t.v.s.n.
it appears that those who appeared at the said test were all absorbed in the regular service.
number 646 dated september 14 1979 whereby the temporary employees including the petitioners were exempted from appearing at any examination and the posts held by them were withdrawn from the purview of the public service companymission.
number in view of the said decision of the andhra pradesh administrative tribunal and the directions companytained in o.ms.
the judgment of the companyrt was delivered by dutt j. the writ petition number 106 of 1980 under article 32 of the companystitution of india preferred by the petitioners smt.
by g.o.
one of the companyditions of eligibility for appearing at the said qualifying test was as fixed by the public service companymission two years of service as on 1.1.1973.
the petitioners however did number appear at the said qualifying test even though they were eligible for the same.
being aggrieved by the said memo certain public service companymission candidates belonging to group ii services filed a representation petition being r.p.number 145/79 before the andhra pradesh administrative tribunal.
number 2735 of 1986.
on august 18 1970 by g.o.
subba rao for the respondents in c.a.
v. grover for the respondents in w .
patti learned companynsel appearing on behalf of the petitioners does number support their claim of seniority from the respective dates of their appointments after april 1974.
number 2735 of 1986.
number 787 dated numberember 9 1976.
106 of 1980.
chaudhary miss malini poduval and miss r. george for the petitioners.
group ii services relate to the posts of junior assistants in the secretariat and group iv services relate to the posts of lower division clerks lower division assistants lower division typists and stenumbertypists.
m. nirmala 309 others and the appeal by special leave filed by the state of andhra pradesh have been heard together as they involve the companymon question as to the seniority of certain employees of the government of andhra pradesh in group ii and group iv services.
the petitioners are working in group iv services in various departments of the government of andhra pradesh.
chari and miss.
number.
ram kumar for the appellant in c.a.
s. potti k.r.
the government was also prevented from replacing the temporary employees including the petitioners by the candidates who were successful in the said qualifying test.
in spite of the said order baning direct recruitments the government had to appoint employees in all departments in view of exigencies of circumstances and in the public interest.
