M S SHARMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ appeal, which was directed against the judgment of the learned single Judge, P. A. Chaudary, J., in Writ Petition No. 5055 of 1978, reported in (1979) 2 Andh. W.R. 439 was heard by a Division Bench consisting of V. Madhava Rao and K. Amreswari, JJ. But there was difference of opinion between the two learned Judges. The papers were, therefore, placed before the Honble the Chief Justice for necessary orders under clause 36 of the Letters Patent. The Honble Chief Justice referred the matter to me. Thus this appeal came up before me for hearing.

(2.) The appellant and the third respondent were recruited at one and the same time directly from the Bar as District & Sessions Judges, Grade-II, in the Year 1968 and both were confirmed as such. In the seniority list the appellants place was fixed above the third respondent. Respondents 4 to 6, who were Sub-Judges, were promoted as District & Sessions Judges, Grade-II on 29-6-1969, 10-12-1969 and 6-7-1970, respectively. Thus respondents 3 to 6 were juniors to the appellant.

(3.) In the year 1977 two more Grade-I District & Sessions Judges, posted besides the existing four post, were sanctioned by the Government under G.O. Ms No. 714 GAD (SCX) Department. Another vacancy arose consequent upon Sri T. Narasinga Rao, who was working as District & Sessions Judge, being elevated to the Bench of the High Court. For filling up these three vacancies the High Court held its meeting on 24-10-1977 and selected and promoted Sri T. L. N. Reddy, who was senior to the appellant for one post. So far as the selection and promotion of Sri T. L. N. Reddy is concerned, there is no grievance. For filling up the other two posts, the High Court perused the confidentials of the appellant and respondents 3 to 6, who were eligible and selected and promoted respondents 3 and 4, i.e., Sri P. V. Ranga Reddy and Sri R. Natesan, who are the immediate juniors to the appellant overlooking him on the basis of the adverse remarks made in the confidentials of the appellant regarding his integrity and reputation and also the adverse remarks made by the Judges in the Opinion Forms, while disposing of some Criminal Appeals, which were directed against the judgments rendered by she appellant. On the basis of the decision taken on 24-10-1977, the High Court recommended to the Government and the Government accepting the recommendations of the High Court issued G.O. Rt. No, 4066 GAD (SCX) Department dated 23-11-1977 in respect of Sri T. L. N. Reddy and Sri P. V. Ranga Reddy and G.O. Rt. No. 4149 GAD (SEX) Department dated 2-12-1977 in respect of the fourth respondent.