B VENKATA REDDY M V L NARASIMHA RAO GORLE APPALA NAIDU Vs. STATE OF ANDHRA PRADESH:GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) These appeals by special leave are directed against the judgments of the Andhra Pradesh Administrative Tribunal, Hyderabad in Representation Petitions 595 of 1977 and batch and Transferred Writ Petition 941 of 1976. C. As. Nos. 1652 to 1659 of 1978 have been filed against the common judgment dated 31-8-1978 in Representation Petition 595 of 1977 and batch in which common issues arose for consideration while C. A. No. 415 of 1979 has been filed against the separate judgment dated 31-8-1978 in Transferred Writ Petition 941 of 1976. All these appeals by the petitioners before the Tribunal were heard together in this Court and will be disposed of by a common judgment.

(2.) The main judgment of the Tribunal in Representation Petition 595 of 1977 and batch is in Representation Petition 595 of 1977 in accordance with which the other Representation Petitions in the batch have been disposed of as stated elsewhere in this judgment. Representation Petition 595 of 1977 was filed by seven petitioners of whom petitioners Nos. 1 to 6 were working as Principals of Junior Colleges at various places while the seventh petitioner was working as a Junior Lecturer in Govt. College, Srikakulam in Andhra Pradesh and claimed to be ripe for promotion as Principal of Junior College on the basis of his original seniority among Junior Lecturers. We will refer to the parties in these appeals as arrayed before the Tribunal for the sake of convenience.

(3.) The seven petitioners in Representation Petition 595 of 1977 who were working as Post-Graduate Assistants or Headmasters in the Zilla Parishad Higher Secondary Schools at different places were appointed as Junior Lecturers in 1969 as they were all Post-Graduates who had passed in the first or second class with 50% marks and above and were fully eligible for appointment as Junior Lecturers. The petitioner's contention is that under the Ad hoc Rules governing Junior Lecturers they being Post-Graduates who had passed in first or second class, should be placed in the seniority list above Post-Graduate Assistants who hold only third class Post-Graduate degrees. The second respondent, Joint Director of Higher Education, Andhra Pradesh, prepared a subject-wise seniority list in 1974 as per the rules, placing the seven petitioners in Representation Petition 595 of 1977 at Nos. 17, 15, 20, 21, 23, 40 and 41 respectively. On the basis of that seniority Junior Lecturers up to the rank of 40 in that list were promoted as Principals of various Junior Colleges. The 1st respondent State of Andhra Pradesh, prepared a revised seniority list as per the directions of the Andhra Pradesh High Court in Writ Petition No. 4358 of 1974 and Writ Appeal No. 920 of 1975. In that revised seniority list issued in 1976 the petitioners in Representation Petition 595 of 1977 have been placed at Nos. 380, 54, 390, 392, 406, 368 and 374 respectively. The petitioners' contention was that third class Post-Graduate degree holders who were appointed for the first time in 1970 and 1975 as Junior Lecturers were shown in the said revised seniority list as seniors to the petitioners though the petitioners had all been appointed as Junior Lecturers in 1969 itself and were regularised as early as in November 1969 and under the Ad hoc Rules framed by the Government, Post-Graduate Assistants with first and second class Post-Graduate degrees should be treated as one group and as senior to Post-Graduate Assistants with third class Post-Graduate degrees, who should be treated as another group. The petitioners in Representation Petition 595 of 1977 prayed in these circumstances for quashing the revised seniority list issued by the first respondent State of Andhra Pradesh on 27-12-1976 so far as they are concerned and for restoration of their old seniority as per the earlier seniority list of 1974 or in the alternative for declaring that Rule 13 (1) of the Ad hoc Rules, 1973 dealing with seniority of Junior Lecturers is violative of Articles 14 and 16 of the Constitution.