S PURUSHOTHAM Vs. STATE OF A P

JUDGEMENT

(1.) Aggrieved by the order of the Tribunal, in O.A.Nos.5698 and 5904 of 1999 dated 14.02.2000, W.P.Nos.16842 of 2000 and 8551 of 2001 are filed by the Section Officers of different departments of the Government of A.P. W.P.No.14651 of 2000 is filed by the State of Andhra Pradesh aggrieved by the orders of the Tribunal in these O.As. In the aforesaid two O.As, the orders of the Government in G.O.Ms.No.368 General Administration (Ser. B) Department dated 18.8.1999, and G.O.Ms.No.397, General Administration (Ser. V) Department dated 20.9.1999, were under challenge, by the Private Secretaries of the Secretaries to the Government, as arbitrary, illegal and in violation of Articles 14, 16 and 21 of the Constitution of India. The dispute, between the Section Officers and the Private Secretaries to the Secretaries to the Government, revolves around the criteria prescribed and the restrictions imposed for promotion to the posts of Assistant Secretaries to the Government. For better appreciation of the origin of the present litigation, it is necessary to refer to the relevant rules and other applicable provisions. In exercise of the powers conferred under the proviso to Article 309 of the Constitution of India, the Andhra Pradesh Secretariat Service Rules were made and notified in G.O.Ms.No.445, General Administration (Services-B) dated 29.10.1998 (hereinafter referred to as the '1998 Rules'). Rule 2 thereof relates to the constitution of the service and amongst the categories of posts which constitute the A.P. Secretariat Service, under Class-A Category (1)(d) are the Additional Secretaries to the Government (Non-Cadre) other than in the Law and Finance & Planning (Finance) Department; under Class B Category 1(c) are the Joint Secretaries to the Government (Non-Cadre) other than Law and Finance & Planning (Finance) Department, under Category 3(c) are the Deputy secretaries to the Government (Non-cadre) other than Law and Finance and Planning (Finance) Departments and under Category 4(c) are the Assistant Secretaries to the Government other than Law and Finance and Planning (Finance) Department. While Section Officers, parties to the present dispute, fall under Class-B Category 7(c) of Rule 2 of the 1998 Rules, the Private Secretaries to the Secretaries to the Government fall under Category 9. Rule 3 prescribes the method of appointment. The channel of promotion, to the non-cadre posts of Additional Secretary, Joint Secretary, Deputy Secretary and Assistant Secretary to the Government, is as under:

(2.) Additional Secretary to Government (Non-Cadre) other than in the law and Finance and Planning (Finance) Departments. By promotion of Joint Secretary to Government (Non-Cadre) in the Departments of Secretariat other than Law and Finance and Planning (Finance) Departments. Joint Secretary to Government (Non-Cadre) in the Departments of Secretariat other than Law and Finance and Planning (Finance) Departments By promotion of Deputy Secretary to Government (Non-Cadre), in the Departments of Secretariat other than the Law and Finance and Planning (Finance) Department Deputy Secretary to Government (Non-Cadre) in Departments of Secretariat, other than Law and Finance and Planning (Finance) Departments (i) By promotion of Assistant Secretary to Government in the Departments of Secretariat other than Law and Finance and Planning (Finance) Department (ii) By transfer on tenure from any other service, subject to Note 8 below Assistant Secretary to Government in the Departments of Secretariat other than Law and Finance and Planning (Finance) Department (i) By promotion of Section Officer (SC), Section Officers and Private Secretaries to Secretaries to Government. (ii) By transfer on tenure of a Special Grade Deputy Collector of the Revenue Department for one post in the Revenue Department of the Andhra Pradesh Secretariat; (iii) By promotion of Accounts Officers; (iv) If the State Government so direct by transfer from among full members and approved probationers of any other service which the State Government may specify. Note 3 to Rule 3 reads thus:-

(3.) In so far as appointment to the post of Assistant Secretary to the Government is concerned it is by promotion of Section Officer and Private Secretaries to the Secretaries to the Government. The 1998 rules prescribed a ratio of 1:19, between these two feeder categories of Private Secretaries and Section Officers, for appointment by promotion to the post of Assistant Secretary to the Government.