B MANMAD REDDY Vs. CHANDRAPRAKASH REDDY

JUDGEMENT

(1.) These five Writ Petitions are in fact directed against a common order passed by the Andhra Pradesh Administrative Tribunal in O.A.Nos. 5025/99 and 6271/ 2001 dated 7-12-2001. All the writ petitions raise same questions of law and fact therefore they are decided by this common judgment.

(2.) The detailed facts have been mentioned by the Tribunal in its order. Shorn of details: The O.As. were filed before the Tribunal challenging Note-l(i) and Note-6 of Rule 3 of G.O.Ms.No.505, dated 16-11-1998 as being violative of the fundamental rights being discriminatory in character. The Tribunal accepted the contentions and quashed Note-l(i) and Note-6 of Rule 3 of G.O.Ms.No.505, dated 16-11-98.

(3.) Now, the only question which is to be answered by this Court is whether the Note-1 (i) and Note-6 of Rule 3 of G.O.Ms.No.505 is unconstitutional, or not. Therefore, before going to the arguments on either side it will be necessary to reproduce the relevant portions of the G.O. This G.O. was issued framing Rules known as "Andhra Pradesh Educational Service Rules". In terms of Rule-2 the service was constituted with four classes each class having many categories of employees. Rule-3 lays down the method of appointment and appointing authorities. Note-1 (i) and Note-6 have been challenged before the Tribunal Note-1 (i) lays down; "Note 1: (i) Combined seniority of all eligible officers from all the feeder categories as defined shall be prepared and considered for appointment by promotion/recruitment by transfer to any category in the service rules in the manner prescribed until and unless otherwise specified in these rules against any category, except in category 1 of class II and categories 10, 11 and 12 of Class III. Note-6 lays down; "Note 6: for the purpose of promotion to category 1 of class II, the following 12 point cycle shall be followed from the feeder categories: 1. A.D., G.A.O, and A.P.O 2. Direct Recruit Dy.E.O/Gazetted Head Master Grade-I, Lecturer IASE/CTE/SCERT, Senior Lecturer DIET and Special Officer (OS) 3. Promotee Dy.E.O./Gazetted Head Master Gr.I and P.E.O. 4. Promotee Lecturer IASE/CTE/SCERT, Senior Lecturer DIET and A.D (NFE) 5. Direct Recruit Dy.E.O./Gazetted- Head Mater Gr.I, Lecturer IASE/ CTE/SCERT, Senior Lecturer DIET, and Special Officer (OS) 6. Promotee Lecturer IASE/CTE/SCERT, Senior Lecturer DIET and A.D (NFE) 7. A.D., G.A.O, and A.P.O 8. Direct Recruit Dy.E.O/GazettedHead Master Grade-I, Lecturer IASE/CTE/SCERT, Senior Lecturer DIET and Special Officer (OS) 9. Promotee Dy.E.O./Gazetted HeadMaster Gr.I and P.E.O. 10. Promotee Lecturer IASE/CTE/SCERT, Senior Lecturer DIET and A.D (NFE) 11. Direct Recruit Dy.E.O./GazettedHead Master Gr.I, Lecturer IASE/ CTE/SCERT, Senior Lecturer DIET, and Special Officer (OS) 12. Promotee Lecturer IASE/CTE/SCERT, Senior Lecturer DIET and A.D (NFE)" So, accordiang to Note-I, a combined seniority of all eligible officers from all the feeder categories as was defined has to be prepared and considered for appointment by promotion/Recruitment by transfer to any category in the service rules in the manner prescribed and according to Note-6 for the purpose of promotion to category-I of class-II a 12 point cycle has to be followed from the feeder categories.