K. MANMADHA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THE third respondent herein challenged the order dt.30.4.1994 issued by the second respondent herein promoting the petitioner herein as Deputy Executive Engineer (DEE) in A.P. Public Health Engineering Service. The third respondent also challenged the final seniority list dt. 2.2.1994 of the Assistant Engineers (Public Health) in Zone -IV. The Administrative Tribunal by the impugned judgment dt. 17.5.2000 allowed the original application. Hence, the petitioner is before this Court seeking judicial review of the impugned judgment in O.A. No. 2341 of 1994 dt. 17.5.2000.

(2.) THE petitioner appeared for limited recruitment selection examination for Scheduled Castes (SC) conducted by A.P. Public Service Commission in the year 1978 for the post of Assistant Engineer in Public Health Department. He was selected. The Service Commission by letter dt. 2.9.1978 informed the second respondent on 20.9.1978 that the petitioner was allotted to Public Health Department. However, the petitioner was not immediately informed by the second respondent within a period of one month as per the Government instructions in G.O.Ms.No. 555 dt. 27.3.1962. Be that as it may, the petitioner was asked to submit medical certificate which he did on 17.9.1979 and 10.12.1979. These medical certificates were not accepted and he was asked to resubmit the same. Therefore, he again sent a medical certificate on 11.2.1980. Accepting the same, the second respondent by letter dt. 20.2.1980 appointed the petitioner as Assistant Engineer (at the relevant time designated as Supervisor) in a vacancy earmarked for Scheduled Caste in the communal roaster. He joined the service on 28.2.1980 and completed his probation whereupon he was regularised. He was Promoted as Deputy Executive Engineer on 30.4.1994.

(3.) IN the said G.O. the Government of A.P., the first respondent herein, took into consideration the fact that the petitioner was selected in the limited recruitment conducted by Service Commission in 1978, he was allotted to the second respondent before the issuance of G.O.Ms.No. 647 dt. 14.9.1979 and that there was delay in communicating to the petitioner enabling him to submit medical certificate, In G.O.Ms.No. 1054 dt. 16.7.1992 the Government observed as under :