V AYYANNA Vs. GOVT OF A P

JUDGEMENT

(1.) This appeal is preferred by the appellant challenging the legality of the judgment and order dated 03.11.2003 passed by the Andhra Pradesh High Court in W.P. No. 18386 of 2003 whereby the High Court has affirmed the judgment and order of the Andhra Pradesh Administrative Tribunal at Hyderabad dated 12.12.2002. By the said judgment and order, the State Administrative Tribunal dismissed several Original Applications filed by the applicants, including the appellant herein.

(2.) There were number of feeder categories under the rules framed by the State Government in G.O. Ms. No. 3845 dated 17.11.1964. The appellant and other similarly situated persons were initially appointed during the years 1971-1975. Sometime in the year 1978, the Government with the intention of having a rationalized structure of cadres of some posts, merged various categories of posts to constitute a single cadre of Health Assistants, consequent upon which, the Government of India issued a G.O.M. No. 85 dated 21.01.1978, merging 10 categories including the post of Lab Assistants, Surveillance Workers, Health Sub-Inspectors Grade-II, Microscopist, Lab Technician, Basic Health Worker, Field Assistants and Health Assistants of posts to that of Health Assistants post. It is also to be clarified at this stage that Basic Health Workers, Superior Field Workers, Malaria Surveillance Workers were drawing lesser scale of pay than that of the pay-scale attached to the post of Multipurpose Health Assistants at the relevant time. It is also required to be stated that the basic qualification required for appointment to the post of Multipurpose Health Assistant was that the candidate must possess the academic qualification of intermediate and must have a Sanitary Inspector Training Course (for short Rs. SITC) Certificate, which was in vogue on the date of G.O. Ms. No. 85, dated 21.1.1978. The aforesaid G.O. Ms. stipulated that Basic Health workers, Malaria Surveillance Workers and others would continue to draw their own scale of pay till they acquire the SITC certificate and get converted as Health Assistants.

(3.) The appellant herein was not having a SITC certificate qualification as on 21.01.1978 and he acquired the said SITC certificate subsequently.