S P BADRINATH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The short question that arises for consideration in the present appeals is as to whether passing of the Accounts test for the post of Senior Assistant was a pre-requisite. the contention of the appellant is that since the Andhra Pradesh Ministerial Service Rules, 1966 did not apply to the Department of Chief Electrical Inspectorate, the said condition is not applicable in his case.

(2.) The appellant was appointed in the year 1984 as Junior Assistant under the Chief Electrical Inspectorate. It is relevant to mention here that prior to the year 1970, the Chief Electrical Inspectorate was called the Electricity Department, headed by the Chief Engineer. After constitution of the Andhra Pradesh Electricity Board, the Electricity Department became the Chief Electrical Inspectorate headed by the Chief Electrical Inspector in place and instead of the Chief Engineer. On 12th November, 1987 the appellant was promoted as a Senior Assistant subject to his passing the Accounts test within a period of two years. The appellant passed the said examination after expiry of the said period of two years. He was, however, promoted to the post of Senior Assistant on 10th December, 1989. In the year 1995 the appellant was promoted as a Superintendent.

(3.) It is at this stage the respondents herein challenged the promotion and seniority of the appellant before the Andhra Pradesh State Administrative Tribunal. The Tribunal disposed of the O. As and held that since the appellant did not pass the requisite examination, therefore, he was junior to the respondents herein. It is against the said judgment of the Tribunal, the appellant is in appeal before us.