P SUDHAKAR RAO Vs. U GOVINDA RAO

JUDGEMENT

(1.) These appeals are directed against the Full Bench decision of the High Court of Andhra Pradesh in Writ Petition Nos.5922 & 6360 of 1999 by which the Full Bench has set aside the order of the Andhra Pradesh Administrative Tribunal at Hyderabad. Hence, the present appeals.

(2.) Shorn of detailed facts, principal question arises for our consideration is the validity of the rule by which retrospective seniority benefit was given to the Junior Engineers by G.O.Ms. No.54 Irrigation (Service IV-2) dated 15.2.1983. Relevant amendment which is the subject matter of present controversy reads as under :

(3.) This litigation has a very long history and we will refer to relevant part of the history in our judgment wherever it is necessary but the core issue before us is the validity of this Rule. This rule was challenged by the direct recruit Junior Engineers coming from various parts of the State before the Andhra Pradesh Administrative Tribunal, Hyderabad by filing various original applications. A preliminary objection was raised that the original applications were not maintainable as the Tribunal has no jurisdiction to examine this controversy as the rule had already been up-held by this Court in Devi Prasad & Ors. v. Government of Andhra Pradesh & Ors. etc. [ 1980 (S) SCC 206 and State of Andhra Pradesh & Anr. v. K.S.Muralidhar & Ors. etc. 1992 (2) SCC 241. As against this, it was contended that in both these cases amendment to the rule was not in issue and what was in issue was only the executive instructions issued prior to the amendment. It was submitted that the matters were not decided on merits.