K NARAYAN SWAMY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The two petitioners, who were previously Deputy Tahsildars. were selected, in consultation with the Public Service Commission. for appointment. by transfer, as Tahsildars and included in the panel for 1969 prepared in accordance with Rule 4 of the Andhra Pradesh Civil Services (Executive Branch) Special Rules. The panel was published by the Government by G.O. MS. No. 595 Revenue, dated 30-6-1971. Thereafter the petitioners were appointed as Tahsildars in December 1971. It was claimed by the Government that the appointment of the petitioners as Tahsildars was not on a regular basis but on a temporary basis under Rule 37 of the Andhra Pradesh State and Subordinate Services Rules. It is difficult to see how the appointments can be said to be under Rule 37. Rule 37 contemplates temporary promotions otherwise than in accordance with the prescribed rules when the filling of such vacancy in accordance with rules is likely to result in undue delay. In the present case, selection in accordance with the rules having already been made there was no need or question of making appointments otherwise than in accordance with the rules. The petitioners must therefore be considered to be probationers as claimed by them.

(2.) Some considerable time before G.O. Ms. No. 595 Revenue dated 30-6-1971 was issued, certain Deputy Tahsildars by name S. R. Chitrapu. G. Govinda Rao, N. Lakshmana Rao, C.V. Krishna Rao. Gangaram Yadav and A.A. Hafeez were promoted temporarily as Tahsildars. They were not selected for regular appointment and. their names were not included in the panels approved by G.O. Ms. No. 595. As their names were not. included in the panels they were reverted as Deputy Tahsildars but they filed W.P. Nos. 2508/1971. 2560/1971, 2,443/1971. 2935/1971 and 4276/1971 and obtained interim orders from the High Court directing the Government and the Board of Revenue not to revert them. The Government and the Board of Revenue, without taking any steps to have the interim orders vacated or to have the Writ Petitions disposed of expeditiously. were contemplating the reversion of the petitioners as Deputy Tahsildars. Apprehending that they might be reverted the petitioners filed the present application for the issue of a Writ not to revert them while retaining those promoted on a temporary basis.

(3.) On behalf of the Government reliance was placed on the executive instructions contained in G.O. Ms. No. 1224 dated 20-12-1971. The G.O. is as follows -