STATE OF ANDHRA PRADESH Vs. K JAYARAMAN

JUDGEMENT

(1.) A Writ Petition, was filed in the High Court of Andhra Pradesh by nine Government servants claiming that Rule 22 of the Andhra Secretariat Service Rules (known as the A. T. A. Rules) does not apply to them "as they are not reverted probationers or probationers who are re-appointed on or after 1-11-1956." The relevant rule reads as follows :

(2.) IN their Writ Petition, the petitioners did not challenge the validity of this Rule. On the other hand, their case, based on the assumption that the rule was valid, was that petitioners 1 to 5, who were already holding the posts of Superintendents on 1-11-1956 the date of the Re-organisation of States were outside its purview. The respondents asserted that the A. T. A. rule had not been implemented so far and had to be applied without delay in the interests of justice, equity, and fairplay to all employees irrespective of the area to which they belonged. A reply also was that it applied to petitioners 1 to 5 as they were promoted on and after 1-11-1956. The real controversy, therefore, was whether petitioners Nos. 1 to 5 were or were not promoted already before 1-11-1956.

(3.) WE have been taken through the judgment of the Andhra Pradesh High Court in Writ Appeal No. 170 of 1967, a copy of which has been filed. In that case, the validity of certain State Government Orders and Departmental orders of the Director of Public Instructions, relating to promotions of some employees contrary to relevant rules, was assailed. WE do not finds in that decision, any discussion of the validity of the A. T. A. rule involved in the case before us.