P SURENDRA BABU Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) This case has a chequered history of litigation and it relates to fixation of inter-se-seniority between direct recruit and rank promotee Deputy Tahsildars.

(2.) A set of rules regarding recruitment to the post of Deputy Tahsildar was in force in the erstwhile State of Madras which continued to apply to the State of Andhra Pradesh until the Andhra Pradesh Revenue Subordinate Service Rules (hereinafter referred to as the "old Rules"), were brought into effect in the year 1961. The cadre under the old Rules consisted of Deputy Tahsildars only. Under the said old Rules, appointment to the cadre of Deputy Tahsildar could be made either by direct recruitment or by transfer from members of Andhra Pradesh Ministerial Service employed in the Revenue Department including the office of the Commissioner of Land Revenue, Revenue Settlement and office of the Director of Settlements, Survey and Land Records. According to Rule 3(b) of the said rules, substantive vacancies could be filled or reserved to be filled up by direct recruitment and recruitment by transfer in the ratio of 1:1.

(3.) An amendment was brought into the old Rules vide G.O. Ms. No. 4582 dated 9-10-1980 by inserting a proviso in the form of Rule 4(e) according to which the inter-se-seniority between the direct recruits and the promotees should be determined from the date of their confirmation in the substantive vacancy in the proportion of 1:1. The validity of the amended Rule 4(e) was, however, came to be under challenge before the Supreme Court in the case of K.V. Subba Rao and Ors. v. Government of A.P., 1988 AIR(SC) 887, wherein the Supreme Court held that the amended Rules can operate prospectively from 9th October 1980 only and shall have no retrospective effect.