N DESAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India for issue of a writ of mandamus or other appropriate writ, order or direction to the Central Government and to the State Government of Andhra Pradesh (1) directing both the Governments not to take any action likely to prejudice the rights of the petitioners accruing from the decision taken by the Government of India contained in the letter No. 11/54/58 S.R. (s) dated 29/10/1959 and that taken by the State Government contained in G.O. Ms. No. 227 dated 31-1-1963 and (2) more particularly restraining the State Government from implementing the Central Governments decision permitting the Assistant Surgeons of erstwhile Hyderabad State to count their continuous service in the Health Wing prior to 1-11-1956 for purposes of promotion to the grade of Assistant Director of Public Health, Andhra Pradesh.

(2.) The petitioners are from the service personnel of the Public Health department of the State of Andhra Pradesh and the respondents 3 to 13, save for one, are from Medical and Health department of the erstwhile Hyderabad State. The controversy is the sequel of the process of division and integration of service personnel by reason of Section 115 of the States Reorganisation Act as an inevitable consequence of the reorganisation of the States of the Union of India on linguistic basis in 1956. The main points raised in this proceeding are: Whether the power of the Central Government under Part X of the States Reorganisation Act is exhausted when once it has laid down the criteria for preparation of the integration or inter se seniority list and given direction to the State Government to prepare the list accordingly so that it may be said there it is left with no further power to deal with any matter arising therefrom either for solution or advice or for clarification. Further if it has still jurisdiction, is it incumbent on it to hear the parties before it could give any directions to the State Government?

(3.) For a proper appreciation of the points in controversy it is necessary to state the facts somewhat in detail. By or under the provisions of Section 3 of the State Reorganisation Act there were added to the State of Andhra from 1-11-1956 certain territories comprised in the specified districts of the erstwhile Hyderabad-State and the State of Andhra with these added territory became known as the State of Andhra Pradesh. With the expansion of the territory, the question of the service personnel belonging to the added territory came to the forefront. The States Reorganisation Act made certain provisions in part X of the Act. Their provisional allotment was statutorily fixed by the said Act allowing the final allotment to be dealt with by the Central Government and continuance of officials in the same posts was ensured under the provisions of Section 116 subject to the limitations and conditions laid down therein. The Central Government was charged thus with the duty of dealing with allotment of service personnel, division and integration of services among the States including the State of Andhra Pradesh and of ensuring fair and equitable treatment to all persons affected by the provisions of Section 115. This task is not obviously an easy one for service conditions in each State are not precisely the same. They are bound to vary largely having regard to the difference in historical background. For the purposes of this case we are concerned only with the health services in either territory. In the State of Andhra the medical and public health departments were distinct and separate under separate directorates. Right from the district level up to the head of the department, there was independent hierarchy of public health officials. The department of public health was independent of medical department. There was a Public Health Act and the cadre of the District Health Officers was created under the said Act. The health officers were divided into two classes. They were officers class I in the grade of Rs. 325 600 and health officers class II in the grade of Rs. 160-600. Class I Officers had public health qualifications in addition to degree in medicine and were in the grade of Rs. 325-600. The health officers Class II were non-graduates. Above these officers were the Assistant Directors of health in the grade of Rs. 600-1000. Above them was the Director of Public Health in the grade of Rs. 1200-1500. In the Hyderabad State both the medical and public health services were under one directorate (in the grade of Rs. 1500-1800) with two Deputy Directors, one for medical and another for public health both in the grade of Rs. 1200-1400 and Assistant Directors were in the grade of Rs. 500-1000 plus non-practising allowance of Rs. 100, Civil Surgeons in the grade of Rs. 500-1000 and Assistant health officers in the grade of Rs. 250-500 with non-practising allowance of Rs. 50. Civil Surgeons were ex-offlcio District Health Officers and they were assisted by an Assistant Health Officer who may or may not have the health qualifications. Generally men with public health qualifications were to be the Assistant Health Officers. The Civil Surgeons were Class I officers and Assistant Surgeons were Class II officers. This was the position available as on 31-10-1956. Prior to that, however, from about the close of 1948 up to 1953 even in Hyderabad the Medical and Public Health Departments were distinct ant separate. They were under two separate Directors working under the Secretary to the Government, the Medical and Health Deportment who was designated as ex-officio Inspector-General. Medical and Health. With the expiry of the term of office of Major General Bhatia, both the services were amalgamated and placed under one Directorate. For all practical purposes, however, even thereafter the services ran on separate lines. The medical officers who were in public health side were designated as health officers, assistant health officers etc. and their pay and travelling allowance were drawn under distinct head "39 Public Health". The pay and allowances of Medical Officers working on the medical side used to be drawn under separate head "38 Medical". Even in Class I services, class I officers working on medical side were designated as civil surgeons and those working on public health side were designated as Assistant Directors of Public Health. The promotions also were regulated accordingly with the result that for the post of civil surgeons, assistant surgeons were selected in preference to assistant health officers. Similar was the case with regard to the Assistant Directors post. The Civil Surgeons were ex-officio District Health Officers and they were assisted by Assistant Health Officers. In fact the Assistant Health Officers were in charge of the District on public health side. This was the relative position of the service personnel of the health department in the State of Andhra and Hyderabad. With the formation of Andhra Pradesh, the services on the health side from the two different territories had to be integrated and seniority fixed in order to ensure fair and equitable treatment to all the service personnel. This fell within the duties of the Central Government under the provisions of Section 115 of the States Reorganisation Act. To facilitate the duties of the Central Government, the State Government had to prepare a provisional list and furnish all requisite material to the Centre. Immediately after the formation of the State of Andhra Pradesh, the Government of Andhra Pradesh in its memorandum No. 5256/2 dated 26-11-1956 issued directions that regular promotion should be made only after the Governments decision on inter se seniority between class II medical officers of Telangana and District Health Officers of Andhra was taken. A State Advisory Committee was constituted in order to prepare a provisional inter se seniority list of the public health Gazetted officers in the public health department. A list was prepared which contained the names of all the health officers of Andhra and also the officers of Hyderabad State working in the health wing as on 31-10-1956. G.O.Ms. 2021 dated 12-12-57 was issued approving the list with slight modifications. This G.O. was communicated to all the officers shown in the list intimating to them that if they had any objection to the list they should submit their representations to the Central Government within a period of 30 days from the receipt of information. This list did not satisfy the Andhra health officers. It did not satisfy some of the Hyderabad officers who did not like to continue in public health services. The latter requested that their names be deleted from the public health list. Some other Telangana officer who desired to continue in public health department were satisfied with the lift and did not file any objections. The Andhra officers objected to the inclusion of Telangana officers in the inter se seniority list. They made their representations in this behalf to the Central Government.