DIRECTOR OF SETTLEMENT Vs. D RAM PRAKASH

JUDGEMENT

(1.) This appeal is directed against the impugned order of the state administrative tribunal constituted under the administrative Services Act, 1985 and the question for consideration is whether the respondent was entitled to count the period of training from 1.10. 1971 till 1.2.1972 the date on which he was appointed on probation for the purposes of his seniority in the cadre of surveyor. The service conditions of the surveyors are governed by a set of rules framed under the proviso to Article 309 of the constitution of India called 'andhra Pradesh survey and Land Records Subordinate service Rules, issued in G. O. Ms. No. 601, revenue, dated 6.4.1964, (hereinafter referred to as the "special rules'). In the State of Andhra Pradesh there exists yet another set of rules called 'andhra pradesh State Subordinate Service rules, 1962' (hereinafter referred to as the 'general rules'). Rule 2 of part II of the general rules clearly stipulates that if any provision in the rules contained in this part is repugnant to a provision in the special rules applicable to any particular service, then the latter shall in respect of that service prevail over the provision in the rules in this part. Rule 3 (1) of the general rules defines the expression 'appointed to a service' to mean, a person is said to be appointed in service when in accordance with these rules or in accordance with the rules applicable at the time, as the case may be, he discharges for the first time the duties of a post borne on the cadre of such service or commences the probation, instruction or training prescribed for members thereof.

(2.) Rule 3 (10) defines the expression "member of a service" to mean, a person who has been appointed to that service and who has not retired, or resigned or who has not been removed or dismissed, or substantively transferred or reduced to another service, or who has not been discharged otherwise than for want of a vacancy. He may be a probationer, an approved probationer or a full member of that service.

(3.) Special rules, class 1, constitutes five categories of service and the surveyor comes within category 3. Appointment to the post of surveyor is made by direct recruitment.