STATE OF ANDHRA PRADESH Vs. YASEEN SHAREEH

JUDGEMENT

(1.) This Writ Appeal by the State of Andhra Pradesh and another is directed against the judgment of our learned brother, Chinnappa Reddy, J., reported in 1974 Lab IC 1133 (Andh Pra) directing the appellants to continue the respondent in service till he attains the age of 60 years.

(2.) The facts leading to this appeal which are not in dispute and which lie in a short compass may briefly be stated: The respondent herein was originally appointed as a peon in the erstwhile High Court of Hyderabad on 1-1-1943. Consequent on the formation of the State of Andhra Pradesh, he was allotted as a peon to the High Court of Andhra Pradesh from 1-11-1956. He was promoted as an attender with effect from 12-12-1957. Having come to know that he would be retired on 12-1-1974 on his attaining the age of 55 years, he submitted an application to the Registrar of the High Court claiming that he is entitled to the protection afforded by Section 115(7) of the States Reorganisation Act and continue in service tilt he completes the age of 60 years as he is still a member of the inferior service under the Hyderabad Civil Services Rules. The Registrar has addressed the Government for clarification as to the writ petitioners right to continue in service till he completes the age of 60 years but however, without waiting for a definite reply from the State Govt, the Official Memorandum dated 21-12-1973 was issued by the Registrar. Therein the respondent is informed that the Honourable the Chief Justice, after careful consideration of all the contentions raised in his application, has been pleased to order that he has to retire on attaining the age of 55 years. It is also stated that the respondent was promoted as Attender (now re-designated as Record Assistant) on 12-12-1957 and he was not a Daftari of the former Hyderabad Government and therefore, G.O. Ms. No. 137 Finance (Ex. H.R.G.) Dept, dated 9-5-1969 does not apply to him. The plea of the respondent that he would prefer to continue as a member of inferior service was rejected on the ground that G.O. Ms. No. 1998 Home (Cts, A) Dept, dated 23-9-1960 will apply only to Attenders who were in inferior service on the date of the issuance of the G.O. and hence, no option from the respondent need be obtained as he is not entitled to exercise any option to continue in inferior service. Aggrieved by that decision, lie approached this court for the issuance of a Writ of Mandamus to the appellants herein directing them to continue him in service till lie attains the age of 60 years.

(3.) A counter has been filed by the Registrar on behalf of the High Court to the effect that the Andhra Pradesh State and Subordinate Service Rules are applicable to the High Court staff, that all employees of the erstwhile Hyderabad Government will be governed by the Hyderabad Cadre and Recruitment Rules for promotion after 1-11-1956 to posts one stage above those held by them prior to 1-11-1956 but those rules only lay down the qualifications and conditions for promotion and recruitment but do provide for the age of retirement, that as the petitioner was a Daftari in the erstwhile Hyderabad State and he was promoted with effect from 12-12-1957 to the post of Attender which is superior service as per the Andhra Pradesh High Court Service Rides 1959 which came into force from 1-11-1956, he was to retire after completing 55 years and he cannot take advantage of 60 years limit on the ground that lie is a member of the inferior service and that the proviso to Section 115(7) of the States Reorganisation Act is attracted as the conditions of the respondent's service as on 1-11-1956 are varied to his disadvantage. It is further averred that the question of equation the post of Daftari with that of Attender is only for the purpose of integration of services and preparation oi common gradation list and it has nothing to do with the age of retirement, It is also averred that the petitioner is drawing the scale of pay of Rs. 70-3-100-5-150 and is, therefore a member of the superior service and he has to retire at the age of 55 years as required by rule 231 of the Hyderabad Civil Services Rules.