LAWS(APH)-2013-4-28

ANDHRA PRADESH PANCHAYAT RAJ CLASS-IV EMPLOYEES CENTRAL ASSOCIATION, HYDERABAD Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On April 26, 2013
Andhra Pradesh Panchayat Raj Class-Iv Employees Central Association, Hyderabad Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Both the writ petitions are filed questioning the order, dated 29.04.2010, passed by the A.P. Administrative Tribunal, Hyderabad, in O.A.No.860 of 2009. W.P.No.13051 of 2010 is filed by the Andhra Pradesh Panchayat Raj Class-IV Employees Central Association, by obtaining leave of this Court, whereas, W.P.No.18722 of 2010 is filed by the Government through its Secretary (Services), General Administration Department.

(2.) As much as common questions of law arise for consideration on similar set of facts, both the writ petitions are heard together and are being disposed of by this common order. For the purpose of disposal, we refer to the facts as narrated in W.P.No.13051 of 2010 and refer to the parties as arrayed before the Tribunal.

(3.) Respondents 7 to 9 herein are applicants before the Tribunal. In the application in O.A.No.860 of 2009, they have challenged the orders of the Government in G.O.Ms.No.738, GAD, dated 22.12.2008, by which, amendments were made to Note (17) of Rule 3 of A.P. Ministerial Service Rules, 1998 framed in exercise of powers under proviso to Article 309 of Constitution of India. By impugned order, the Tribunal has allowed the O.A. filed by the applicants, with a direction to the official respondents in the O.A to consider the claim of applicants for promotion to the post of Junior Assistant as per the amendments made vide G.O.Ms.No.365, GAD, dated 17.08.2005.