A.YAGNA NARAYANA Vs. GOVERNMENT OF A.P.

JUDGEMENT

(1.) Both these writ petitions are filed by the applicants in O.A.No.4283 of 2012 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. Hence, they are disposed of through a common order.

(2.) The petitioners were appointed as Station Fire Officers (SFOs.) in the year 1993, through the process of direct recruitment, along with number of others, some of whom figured as respondents in these writ petitions. The said post is covered by the Andhra Pradesh Fire Subordinate Service Rules (for short, 'the Rules') issued under G.O.Ms.No.568, Home (Prisons-A) Department, dated 24.11.1992. According to Rule 12 thereof, an SFO, appointed through direct recruitment must pass (i) Accounts Test for Subordinate Officers Part-I (ii) Andhra Pradesh Fire Service Manual and (iii) A certificate course of competence in wearing and instructions on Breathing Apparatus within the period of probation, which in turn described in Rule 9 of the Rules.

(3.) While the first and second tests were conducted from time to time, the Government did not conduct the third test for years together for one reason or the other. The petitioners state that they cleared the first and second tests, though with some delay, and taking note of the fact that the third test was not conducted by the Government itself, a provisional seniority list for the post of SFO was prepared in the year 2003, virtually reflecting the order of merit in the selection list in respect of such of the persons, who have cleared the first and second tests prescribed under Rule 12 of the Rules. In the revised provisional seniority list dated, 20.04.2007, also the same is said to have been reflected. Thereafter, a final seniority list was published on 15.11.2007. On the basis of the seniority reflected therein, the petitioners were promoted as Assistant District Fire Officers.