MD ROSHANLAL KHAN Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) ORDER :The petitioners seek a Writ of Certiorari for quashing G.O.Ms.No.76 (Housing RH-1) Department dated 29-5-1999 issued by the 1st respondent and a consequential direction to give effect to the Service Rules of the 2nd respondent contained in G.O. Ms. No.33 dated 26-5-1998.

(2.) The 2nd respondent - A.P. State Housing Corporation Limited (hereinafter referred to as 'the Corporation') is a Government Company. The petitioners were employed therein as Junior Assistant and Typist respectively and their services were regularised on 1-1-1990 and 1-1-1985.

(3.) In accordance with the relevant provisions in the Articles of Association of the Corporation, the Government framed the A.P. State Housing Corporation Limited Service Rules (hereinafter referred to as 'the Rules'), through its orders in G.O. Ms. No.33 dated 26-5-1998. The same were published in the A.P. Gazette dated 5-6-1998. Annexure I of the Rules insofar as it relates to appointment to the post of Senior Assistant is to the following effect: <FRM>JUDGEMENT_309_ALD3_2003Html1.htm</FRM> The petitioners are non-graduates. The Rules enable them to be promoted to the post of Senior Assistants. The facility was available for a period of 5 years or till the existing incumbents are promoted, whichever is earlier. The petitioners state that except themselves, all other non-graduate Junior Assistants and Typists in the 2nd respondent- Corporation have been promoted as Senior Assistants on the strength of this provision.