M VEERAIAH CHOWDARY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In these Writ Petitions we are confronted with the thorny problem relating to the fixation of seniority bttween District Mansifs who were promotees from the category of Judicial Second Class Magistrates (referred to shortly as J.S.C.Ms.) and District Munsifs who have been directly recruited,

(2.) The petitioners in W. P. No. 1978/1979 were appointed as J.S.C.Ms, between the years 1957 and 1963. The next promotion of the petitioners was to the posts of District Mnnsifs. The Rule which governs the appointments of District Munsifs is Rule 4 (2) of the Andhra Pradesh State Judicial Service Rules (referred to in this Judgment as the Rules), which is as follows :

(3.) After the year 1963, due to various reasons which need not be recounted here, there was no direct recruitment to the posts of District Munsifs till the year 1973. During this period, 200 vacancies had arisen, of which, 70 had to be filled by promotion of J.S.C.Ms. Accordingly J.S.C.Ms. were promoted to 'he posts of District Munsifs but their promotion was termed 'temporary' and they were functioning as District Munsifs from the dates of their respective promotions.