BOMMARAJU HANUMANTHA Vs. GOVERNMENT OF ANDHRA PRADESH REPRESENTED BY ITS SECRETARY TO GOVERNMENT (REVENUE) DEPARTMENT, SECRETARIAT BUILDINGS, HYDERABAD

JUDGEMENT

(1.) These writ petitions were heard together and are being disposed of by this common judgment inasmuch as the substantial questions for decision raised in them are practically the same.

(2.) The petitioners are persons who had been previously holding the posts of part-time village officers. The costs of part-time village officers in the State of Andhra Pradesh have been abolished by the Andhra Pradesh Abolition of Part-time village Officers Ordinance (Ordinance No. 1/84) promulgated on January 0,1984 by the Governor under recommendation of the State Government "due to administrative necessity and in public interest" in view of the report of the "village Officers Enauiry Committee", appointed under G 0 Ms No 1042, revenue (H) Department, dated June 6, 1961. under the Chairmanship of Sri k M. Unnithan I C S , and the report dated 5-7-83 of Sri I. Narasimha Rao, i A S. Collector and District Magistrate, guntur, who had conducted a study on "re-organisation of Village Establishment in Andhra Pradesh". This Ordinance was followed by a series of Ordinances containing identical provisions (Ordinance Nos, 7/84 13/84, 18/34, and 21/84 which were promulgated respec-tively on 21-3-1984, 27-4-84 7-6-84 and 20-7-84) , No "ordinance with the same or similar provisions was issued after the expiry of the life of ordinance No. 21/84, but the Andhra pradesh Abolition of the Posts of Village officers Act (Act VIII of 1 985) hereinafter referred to as the 'abolition Act' with identical provisions as contained in the ordinances referred to above, was enacted in 1985. This Act, which received the assent of the Governor on 7- 4- 85 was brought into force with effect retrospectively from 6-1-84, the date on which, as already noticed, Ordinance No. 1/84 was promulgated.

(3.) Ordinance No. 1/84 was challenged in writ. petitions before this court and in the Supreme Court. Both the Courts upheld the Constitutional validity of the provisions in regard to the abolition of the posts of part-time village officers. In WPMP 571/84 in WP. 420/84 and connected cases, however, a division Bench of this court had on 12-1-84 made the following observations:"the learned Advocate Generaf also has read out the assurance given by the Chief Minister of Andhra Pradesh where he assured that the persons who are denuded of the part-time offices but are possessed of qualifications prescribed for the post of Village Assistants and suitable, would be considered for fresh appointments. "a constitution Bench of the Supreme court while disposing of writ petition no. 629/84 and connected cases, by judgment dt 27-3-85 (reported in T. Venkata Reddy, V. State of A P (1) AIR 1985 SC 754 has stated in the concluding portion of the judgment as follows:-"24. It is lastly urged that the state Government may be asked to consider the cases of those petitioners who possess the prescribed qualifications for appointment as Village Assistants. We are informed that the number of posts of Village Assistants that are going to be created would be about one-eighth of the number of posts of parttime Village officers which are abolished. It is also difficult in law to issue any direction in that bahalf in the facts and circumstances of this case. We, however, record that in paragraph 21 of the Counter-Affidavit filed by B V Janardhan Reddy, Deputy secretary to Government, Revenue department, Govt. of A. P. , it is stated thus: "in addition, the Government is of the view that such of those Village officers who possess the required qualifications as prescribed and otherwise found suitable will also be considered for appointment of Village Assistants subject to the availability of the posts. " 25. We trust that the State government will give due regard to the above said statement while making appointments. Statements contained in affidavits are meant to be honoured. "in paragraph 20 of the WP No 12620/85 there is reference to the following direction having been given by Justice Upondralal waghray in W P M P 8436/84 in wp No 6612/84:"it is ordered that the respondents herein be and hereby are directed to consider the Petitioner's applications, if any, for appointment to the post of village Assistants along with other applications, if the petitioner is eligible and qualified in accordance with the law prevailings at the time of appointment, pending further orders on this petition. "it is stated that on 12-10-83 the Chief minister had stated that 90,000 Village officers and Village Servants would not be thrown into the streets; and that that declaration was made by him (the Chief minister) at a meetirig presided over by the first petitioner in WP No 12620/85. We have already referred to the assurance of the Chief Minister read out by the learned Advocate General and recorded by the Division Bench on 12-1-84 in WPMP. 571/84 in WP No. 420/84 and connected cases. The learned Advocate General has, in his usual fairness at our request, made available to us the letter dt. 10-1-84 from Sri L. Subbaiah, IAS, Secretary to government addressed to the Advocate general the material portion of that letter reads as follows:-"please recall the discussions held in your Chambers on 9-1-84 with principal Secretary, Revenue, Law Secretary, commissioner of Land Revenue, secretary, Revenue and Joint Secretary, revenue. At the meeting it was pointed out that the Tamil Nadu Government had given an assurance before the Supreme court that such of the Village Officers who are qualified and eligible far appointment as Village Administrative Officers would be considered by Government, You had enquired whether a similar assurance, if it is found necessary, may given to the court when the writ petitions come up for the hearing. This point was placed before the chief Minister when all of us met him in the afternoon The Chief Minister has agreed to the suggestion and it was agreed that the Village Officers who possess the required qualifications as prescribed and otherwise found suitable will also be considered for appointment as Village Assistants, subject to the availability of posts" (underlining ours).