D KRISHNA MURTHY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The appellants D. Krishna Murthy and P. Damodar Reddy were appointed as Lower Division Clerks now designated as Junior Assistants in the a year 1961-62 in the Hyderabad Waterworks Department, government of A. P. They were duly promoted as Upper Division Clerks now designated as Senior Assistants in 1969. Mr M, Venkateshwarlu, the third respondent in this appeal, was appointed as a Typist in the year 1970 and he was promoted as Senior Assistant on 9/6/1978. While they were continuing as Senior Assistants, the Maneru Investigation Circle was created for the supply of drinking water to Hyderabad city. At that time Venkateshwarlu had opted to go for the Circle. Accordingly, he was transferred as UDC to Maneru Investigation Circle. While he was working there, a vacancy had arisen for a post of Head Clerk. The post of Head Clerk was upgraded as Superintendent (sic) which he was continuing as Superintendent, when he was promoted as a Head Clerk by proceedings dated 9/10/7/1981 under Rule 37 (o) (i) of A. P. Subordinate Service Rules, he was asked to give an undertaking that he will not claim any seniority or protection of pay scales in his parent department. On 27/7/1981, Venkateshwarlu had given the said undertaking in the following language: "sub'. Establishment -A. P. M-S.-M. Venkateshwarlu, Head Clerk -Submission of undertaking -Regarding. Ref: S. E's/mic/hyd. Proc. No. E2/mic/79-81/794 dated 10/7/1981.

(3.) Thereafter Venkateshwarlu filed another RP No. 6617 of 1987 seeking quashing of the reversion order which was dismissed by the tribunal on 18/7/1988. Thereafter he filed Special Leave Petition No. 13514 of 1988. It may be relevant at this uncture to state some antecedent history with regard to the constitution of Hyderabad Metro Water Supply and Sewerage Board. The Board came to be constituted by an Act of 1982. That Act came to be repealed by an Ordinance issued by the governor and the Ordinance was allowed to be lapsed. In that context for the management of the Waterworks Department and continuance of the employees and the Scheme the government had issued GO No. 590 dated 22/9/1993 in which the Chief Engineer Public Health was constituted as a Special Officer and he was asked to function as an Officer on behalf of thegovernment. Thereafter, another Act come to be passed which constituted a Board with which presently we are not concerned. While the new Act has come into force and the Board was reconstituted, a representation was made to this court on 1/11/1990, when the Special Leave Petition had come up for hearing that since the new Board was constituted and rules are to be made, (sic) then this court while dismissing the Special Leave Petition made observations thus: "heard learned counsel for the parties. We direct that Hyderabad Metro Water Supply and Sewerage Board to frame its regulations indicating the service conditions of the employees as contemplated under the Statute within six months from today expressly regulations so framed in case the petitioners have any grievance to make he is entitled to stake that claim. "