K ANANTHA REDDY Vs. CHUKKA RAMULU

JUDGEMENT

(1.) The writ petition involves an interesting question as regards the rule of reservation applicable in the matter of appointment to the category of Assistant Commercial Tax Officers in the Andhra Pradesh Commercial Taxes Subordinate Service.

(2.) Respondent No.1 herein filed an application before the A.P. Administrative Tribunal which was marked as OA No.2758 of 1999 complaining, inter alia, that the official respondents had not been giving effect to the policy of reservation contained in Rule 4 of the A.P. Commercial Tax Subordinate Service Rules (for short 'the Special Rules'). The said application was allowed by the Tribunal directing as follows:

(3.) Two questions which arises for consideration in this writ petition are: (1) Having regard to the provisions contained in clause 4-A of Article 16 of the Constitution of India, whether the principles of reservation applicable in the case of appointment by transfer to the post of Assistant Commercial Tax Officer which is in the nature of promotion and, in any event, whether having regard to the provisions contained in the aforementioned rules, the State can be said to have applied the said principle therefor? (2) Whether the learned Tribunal erred in issuing a direction upon the respondents to consider the cases of all candidates belonging to Backward Class community in respect of vacancies including the backlog vacancies in their slots reserved for them although the carry forward rule or roster rule had never been implemented by the State?