T T D Vs. T C LAXMINARAYANA

JUDGEMENT

(1.) This appeal is directed against a judgment dated 27-4-1988 passed by a learned Single Judge in W.P. No. 13993 of 1993 whereby and whereunder the writ petition filed by the first respondent herein was allowed. The writ petitioner- respondent in his petition sought for a Writ of Mandamus declaring the action of the appellant herein in not appointing him as Jewellery Appraiser as arbitrary and illegal and for a consequential direction to the appellant herein to appoint him as Jewellery Appraiser with effect from 9-4-1993 with all consequential benefits after setting aside the order of appointment of the 2nd respondent herein as Jewellery Appraiser on 9-4-1993 as arbitrary and illegal.

(2.) Having regard to the question of law which arises for consideration in this writ appeal, it is not necessary to state the facts of the matter in great details. Suffice it to point out that the writ petitioner had at all material times was working under the appellant herein as Yoga Administrator. A post in the cadre of Jewellery Appraiser fell vacant in the year 1991. Both the respondents herein applied for the said post. It is not in dispute that the matter relating to recruitment is governed by the T.T.D. Employees Service Rules, 1989 (the Rules, for brevity) framed in terms of A.P. Charitable and Hindu Religious Institutions Endowments Act, 1987 (the Act, for brevity). It also stands admitted that the last date of filing the applications was February 1991. No interview took place for some reason or the other for a long time and the interview of the candidates was held on 7-4-1993 in terms of a letter dated 31-3-1993 issued by the appellant in that regard.

(3.) The Governor of Andhra Pradesh in exercise of the power conferred upon him under the Act issued G.O. Ms. No.173 Revenue (Endts.I) Department dated 10-2-1992 whereby and whereunder a new rule was inserted, which is to the following effect: