M JANARDHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against the order dated 11/06/1979 of the A. P. Administrative tribunal, by which Representation Petition No. 507 of 1977 in which retrospective regularisation of the services of promotee Health Inspectors in the cadre of Health Inspectors ina. P. Public Health Subordinate Service had been questioned by direct recruit Health Inspectors in that very cadre, is dismissed.

(2.) The factual context which furnishes the background in which this appeal needs consideration and decision, warrants mention at the outset.

(3.) During the years 1958 to 1962 Respondent 2, the Director of Medical and Health Services, A. P. appointed the appellants and a few others in the A. P. Public Health Subordinate Service (APPHSS) on a temporary basis since all of them had successfully completed Sanitary Inspector's Course in Osmania Medical College. Similarly, during the years 1961 to 1969 Respondent 2 appointed Respondents 4 to 121 who were Health Assistants, Health Sub-Inspectors, Vaccinators etc. in the feeder cadre, as Health Inspectors in the cadre of APPHSS by promoting them temporarily, even though they were not qualified for appointment by promotion as Health Inspectors, in that, they had not put in the requisite service in the feeder cadre. When, in the year 1968, the A. P. public service commission (PSC) invited applications from qualified candidates for selection and their appointment as Health Inspectors in the cadre of APPHSS on a permanent basis, the appellants and Respondents 4 to 121 who were already in the cadre of APPHSS on temporary basis, applied to PSC for being selected and appointed on a permanent basis as Public Health Inspectors in the said cadre. Indeed, all of them were selected by PSC and a selection list was prepared by it giving the selectees rankings on the basis of their comparative merit. The delay in appointing the selectees according to the selection list, appears to have made some of the selectees to approach the A. P. High court, for relief. The High court by its order dated 20/09/1971 in Writ Petition No. 3981 of 1970, has indeed, directed the government to take steps to appoint the selectees in the selection list of PSC, as Health Inspectors on a permanent basis in the cadre of APPHSS.