B MANGA RAO Vs. STATE OF A P

JUDGEMENT

(1.) Effect of application of the Presidential Order in relation to a State project vis-a-vis the seniority of the employees is the question involved in this petition. FACTS:

(2.) The President of India in exercise of his powers conferred upon him under Article 371-D of the Constitution of India promulgated A.P. Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975 with effect from 18-10-1975 in relation whereto G.O. Ms. No.694, General Administration (SPF-A) Department, dated 29-10-1975 was issued.

(3.) The petitioner herein was appointed temporarily as a Supervisor under Rule 10 (a)(1) of the A.P. State and Subordinate Service Rules, 1962. Various gazetted and non-gazetted posts were excluded for the purpose of appointment from the purview of the A.P. Public Service Commission by reason of G.O.Ms.No.646, General Administration (Ser-A) Department, dated 14-9-1979 which reads thus: ADHOC REGULATION It shall not be necessary for the Andhra Pradesh Public Service Commission to be consulted as respects all appointments made by direct recruitment to any posts in any category at all levels in the State and Subordinate services and are continuing temporarily on 9th August, 1979 regarding any of the matters mentioned in clause (3) of Article 320 of the Constitution of India: Provided that the above provision shall not apply to appointments made by direct recruitment to the categories of Assistants and Upper Division Stenographers in the Departments of Secretariat. It shall not also be necessary for the Andhra Pradesh Public Service Commission to be consulted as respects appointments to be made of persons specified in the above proviso to the lower posts of Junior Assistants and Lower Division Stenographers regarding any of the matters mentioned in clause (3) of Article 320 of the Constitution of India.