K VEERABHADRAIAH Vs. N V KRISHNA RAO

JUDGEMENT

(1.) In these Writ Appeals and Writ Petitions the main question for our consideration is the constitutional validity of Rule 10 (7) of the Andhra Pradesn (Andhra Area) Village Offices Service Rules, 1969.

(2.) Questions arising in the interpretation and implementation of that Rule were also canvassed before us. Validity of G.O.Ms.No. 1377 issued by the Government of Andhra Pradesh, Revenue (U) Department dated 27th November, 1979 is also put in issue in some writ petitions,

(3.) it is common knowledge that the offices of the village Officers in our State were heriditary. With the advent of tha Constitution and the decision of the Supreme Court in Gajula Dasaratha Rama Rao Vs, State of Andhra Pradesh (1) AIR 1961 SC 564, holding that the hereditary right of the village officers is violatii/j of Article 16 (2) of the Constitution of India, tha heriditary right was abolished by the Government of Andhra Pradesh by repealing the Village Heriditary Offices Act, 1895 the Proprietor/ Estates Village Servants Act, 1834 and allied Regulations and Notifications, and the Andhra Pradesh (Andhra Area) Vrllage Offices Servics Rule-;, 1969, and the Andhra Pradesh (Telar.gana Area) Village Offices Service Rules 1978 were promulgatad by the Governor under the proviso to Article 309 of the Constitution regulating the recruitment and conditions of service of holders of village offices. In the Andhra Pradesh, (Andhra Area) Village Offices Service Rules, 1969 (hereinafter called the "Andhra Area Rules") Rule 3 refers to classes and categories of village Officers and Village Servants. Class I relates to Village Officers, which consists of two categories C\) Headman, Munsif Reddy, Monigar, Peddakapu, Patel and their assistants, and (2) Karnam, Patwari and their assistants. Though the office in each category is the same, different names are given because they are called by those designations in different areas in the State. We are not concerned with Class II that is, Village Servants in these writ petitions. Under Rule 5, it is the Revenue Divisional Officer that is the appointing authority in respect of categories specified in Class I of the Service. He is also the disciplinary authority of the Village Officers under Rule 52 Rule 7 refers to temporary appointments, Rule 8 relates to cessation of office of a temporary holder in certain cases. Rula 9 provides the procedure for appoint- ment in resulting vacancies due to amalgamation or bifurcation of villages. Rule 10 refers to general and otherqualifications for appointment of Village Officers. Until 1977, there was no reservation for Scheduled Castes or Schedu'ed Tribes or Backward Classes in the Office of the Village Officers. On 23rd May, 1977, G. 0. Ms. No. 294 Revenue was issued by the Government of Andhra Pradesh adding subrule (7} to Rule 10 of the Rules. It reads as follows:-