V SAIDULU Vs. STATE OF A P

JUDGEMENT

(1.) This writ petition is directed against the order dated 30-3-2001 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No.5409 of 2000.

(2.) The facts of the case in brief giving rise to filing of this writ petition by V.Saidulu and G. V. Krishna Murthy are as follows: (a) Petitioner No.1 V. Saidulu was appointed as Junior Assistant in the office of Director of Accounts, Nagarjuna Sagar Project (Accounts), Hill Colony, Nagarjunasagar on 26-10-1968 and he was promoted as Senior Assistant on 16-11-1975. Petitioner No.2 G.V.Krishna Murthy was appointed as Junior Assistant on 28-4-1969 in the office of Director of Accounts, Nagarjuna Sagar Project (Accounts), Hill Colony, Nagarjunasagar and was promoted as Senior Assistant on 5-7-1977. R-4 K.Prabhakar Reddy was appointed as Junior Assistant on 4-2-1972 in the office of Director of Accounts, Nagarjuna Sagar Project (Accounts), Hill Colony, Nagarjunasagar and promoted as Senior Assistant on 22-4-1980. R-5 K.V.Durga Rao was appointed as Junior Assistant on 22-6-1971 in the office of Srisailam Left Branch Canal, Circle No.JJ, Nalgonda and he was promoted as Senior Assistant in the year 1977. The Government formed Pay and Accounts Office at Nalgonda to attend to the pay and accounts functions of the works relating to SLBC under G.O. Ms. No.6, dated 20-3-1985 with the following staff: (1) Assistant Pay and Accounts Officer (2) Superintendent (3) Senior Assistants (4) Junior Assistants (5) Typists (6) Attenders The Government issued memo prescribing the method of filling up of non-gazetted posts in the newly formed Pay and Accounts office at Nalgonda. As per the memo dated 26-7-1985 issued by Finance and Planning (Projects Wing) Department, Government of Andhra Pradesh, the non-gazetted posts in SLBC shall be filled up by the surplus staff of Director of Accounts, NSP and Director of Accounts, Srisailam Project. Number of posts to be filled up from the Director of Accounts, NSP and Director of Accounts, Srisailam Project are also specified in the said memo. The surplus staff of Director of Accounts, NSP to be absorbed in the Pay and Accounts office of SLBC shall form part of Director of Accounts, Srisailam Project and their transfers are treated as on administrative grounds. The office of Director of Accounts of Nagarjunasagar Project allotted the surplus staff on the principle of last come first go to the newly formed office of Pay and Accounts of SLBC, Nalgonda. The office of Director of Accounts, Srisailam Project under office Order No.DOA/SLMP/F.29/85-86/ 163, dated 10-8-1985 posted R-4 and nine others in the Pay and Accounts Office at SLBC. He joined as Senior Assistant on 20-8-1985. R-5 was a Senior Assistant in the office of SLBC, Circle-II, Nalgonda, he came to the office of Pay and Accounts, SLBC, Nalgonda on his request by taking the last rank in the category of Senior Assistant. He jointed as Senior Assistant in the Pay and Accounts office on 3-9-1987 Consequent on the reduction of the establishment in the office of Pay and Accounts organization of Nagarjuna Sagar Project, certain posts were diverted to Pay and Accounts offices of Priyadarshini Jurala Project at Gadwal and Srisailam Left Branch Canal at Nalgonda under Government Order dated 16-6-1988. Willingness of the persons working in different cadres in the Directorate of Accounts, Nagarjunasagar Project was called for. Thirteen Senior Assistants expressed their willingness to work in the Pay and Accounts office of SLBC, Nalgonda. The names of 13 Senior Assistants as per the seniority in the office of Director of Accounts, Nagarjunasagar Project, Hill Colony who expressed their willingness to work in the Pay and Accounts office, SLBC, Nalgonda are as follows: (1) Samad Razvi (2) M. Venkulu (3) V.Saidulu (Petitioner No. 1) (4) G. V.Krishna Murthy (Petitioner No.2) (5) V.Bhikshmaiah (6) V.Anjaiah (7) Ch.Veeradasu (8) K.Kondaiah (9) V.Mallaiah (10) K.Narasimha Reddy (11) L.Venkateswarlu (12) Md.HashmatAli (13) V.Damodar Posts in the cadre of Senior Assistant diverted from the office of Director of Accounts, Nagarjunasagar Project to the Pay and Accounts office of SLBC, Nalgonda were only ten. 1st petitioner is shown in Sr.No.3 and 2nd petitioner is shown in Sr.No.4 in the above referred seniority list. Of the persons mentioned in the list, Ch. Veeradasu was retained in the office of Directorate of Accounts, Nagarjunasagar Project on administrative reasons. On the principle of last come first go, the persons mentioned in Sr.No.3 to 6 and 8 to 13 were transferred along with their posts to the office of Pay and Accounts, SLBC, Nalgonda. R-4 and R-5 who were then working as Senior Assistants in the office of SLBC, Nalgonda filed R.P.No.3283 of 1988 questioning the transfer of senior most employees pursuant to G.O.Ms.No. 19 dated 16-4-1988 F & P (PW) from the office of Directorate of Accounts, Nagarjunasagar Project to the Pay and Accounts office of SLBC, Nalgonda. Petitioners 1 and 2 were impleaded as R-7 and R-8 in the said R.P. The learned Administrative Tribunal disposed of the said R.P. on 13-7-1994 with a direction to the official respondents to regulate the seniority in accordance with the provisions contained in Rule 27 of A.P, Ministerial Service Rules after verifying whether the transfer from one unit to another unit is on administrative ground or at the request of the concerned employees. The Director of Accounts, Srisailam Project promoted R-4 as Superintendent under proceedings No.PAO/91-92/F/29/100 dated 5-8-1991 under Rule 37(a)(l) of A.P. State and Subordinate Rules subject to the result of R.P.No.3283/88. It is indicated in the order that his promotion is purely temporary and is liable for reversion at any time without assigning any reasons. (b) One Samad Razvi, filed O.A. No.3794/91 questioning the promotion of R-4 as Superintendent and obtained interim direction on 26-8-1991 to the official respondents to consider his case for promotion to the post of Superintendent, if he is eligible and suitable and if R-4 is junior to him and vacancies are existing. (c) The writ petitioners filed O.S.36090 and 36091 of 1991 questioning the promotion of R-4 and obtained interim direction on 13-7-1991 to the official respondents to consider their case for promotion to the post of superintendent as per the rules keeping in view the fact of R-4 being junior to them was promoted as Superintendent. (d) The Director of Accounts, Srisailam Project issued proceedings No.PAO/Admn/ EC/93-94 dated 26-8-1993 canceling the promotions of R-4, R-5 and M.A.Hafiz. They questioned the proceedings canceling their promotion by filing O.A.No.4529 of 93 and obtained interim suspension of orders on 1-9-1993. R-4 and R-5 also filed O.A. (Sr) No.l 1753/95 questioning the action of official respondents in treating the transfer of Samad Razvi and M. Venkulu from the unit of Directorate of Accounts, Nagarjunasagar Project to the unit of Director of Accounts, SL.BC on administrative grounds. Since there was delay in filing the O.A. they moved M.A.No.25 83/95 seeking condonation of delay of one year nine months and twenty seven days. (e) The learned Administrative Tribunal by a common judgment dated 23-7-1997 allowed O.A.4529/93 and dismissed O.As.37994, 36090 and 36091 of 1991 and M.A.No.2583 of 1995. The operative portion of the common judgment reads as follows:

(3.) The learned Counsel for the petitioners contends that the findings in earlier proceedings do not prevent the official respondents to prepare the seniority list as per law and therefore the Tribunal was not justified in taking stray observations in the earlier proceedings to conclude that the transfer of the petitioners was at their request. This argument is countenanced by Counsel for the respondents on the ground that the findings recorded by the Tribunal in the earlier proceedings cannot be ignored by the official respondents in preparing the seniority list. It is further contended by him that findings of fact recorded by the Tribunal is not required to be interfered with in the writ jurisdiction except where the High Court is satisfied that the finding is vitiated by a manifest error of law or is plainly perse. It is also contended by him that the promotions given to R-4 and R-5 cannot be reviewed after a long lapse of 9 or 10 years of their officiating in the promotion post. He placed reliance on the decision of Supreme Court in APSRTC and others v. V.Veeraiah, JT 2000 (7) SC 323, Ashok Kumar v. Sita Ram, (2001) 4 SCC 478, and the decision of our High Court in G. Veeraiah v. Government of Andhra Pradesh, 2001 (3) ALD 25 (DB). In the first cited decision, a conductor in APSRTC came to be transferred pursuant to the order made by the Corporation on 8-7-1980. In that order it was noted that he was transferred on his request and his seniority will be reckoned in the manner stated therein. The Supreme Court held that since the transfer of the conductor was pursuant to his request it couldn't be treated to' have been effected on account of administrative exigencies and creation of a new division. In the second cited decision, the Supreme Court held that the High Court ought not to have interfered with the order of Administrative Tribunal in the writ jurisdiction except where the High Court satisfied that the finding is vitiated by a manifest error of law or is primarily perverse and that the High Court could not interfere only because it takes a different view on the material on record. In the third cited decision, our High Court held that in case of transfer on request from one unit to another unit, seniority of a member is to be reckoned in the transferred unit as provided under Rule 27 (iii) of A.P. Ministerial Service Rules.