V VENKAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ petition arises out of Andhra Pradesh (Telangana Area) Village Offices Service Rules, 1978. After the abolition of posts of Police Patel and Mali Patel and establishing one post of Patel in Telangana Area of our State, the authorities have to select one person as Patel who is found to be better qualified and more suitable among the persons holding the post of Police Patel and Mali Patel. The petitioner was holding the office of Police Patel and the Revenue Divisional Officer, who is the primary authority, appointed the petitioner who was found to be more suitable and better qualified than the 5th respondent who has not passed the necessary village officers' tests required under Rules 10 (3) (ii) of the Rules. The 5th respondent filed an appeal on the file of the Joint Collector against the said order and the Joint Collector set aside the said order and appointed the 5th respondent on the ground that Rule 10 (3) (ii) has no application in respect of candidates who have put in not less than ten years service and also crossed the age of 40 years on 7-12-77 and also on the ground that the 5th respondent is aged 47 years whereas the petitioner is aged 52 years and hence the 5th respondent should be preferred and accordingly he appointed him as Patel.

(2.) The Commissioner of Land Revenue on appeal affirmed the said order and further held that the petitioners, age cannot be less than 60 years whereas the 5th respondent is approximately aged about 40 years and consequently holding that the Joint Collector is right in appointing 5th respondent. On further revision, the said order was affirmed by the Government.

(3.) Sri S. Venkatareddy, the learned counsel for the Petitioner contended that the findings of the first appellate authority and the second apellate authority and the revisional authority are vitiated by errors of law apparent on the face of the record and they have committed a mistake in taking the age as the criteria and also assumed wrongly that the age of the petitioner is 52 years or 60 years without any basis or material.