LAWS(APH)-1996-11-57

D SATYANARAYANA Vs. SECRETARY TOGOVT LEGISLATURE DEPT

Decided On November 08, 1996
D.SATYANARAYANA Appellant
V/S
SECRETARY TO GOVERNMENT, LEGISLATURE DEPARTMENT, HYDERABAD Respondents

JUDGEMENT

(1.) This Writ Appeal is preferred assailing the Judgment of the learned Single Judge rendered in W.P.No. 3603 of 1982, dated 17-9-1986 as illegal and not sustainable in law.

(2.) The Appellants' Counsel submits that the appellants who were working as Typists in the 1st respondent-A.P. Legislature Secretariat have challenged the office orders issued by the 1st Respondent dated 17-9-1979 and 11-11-1981 regularising the services of respondents 2 to 8 and sought for a direction to effect promotions to the post of Assistants (redesignated as Assistant Section Officers) after preparing a common seniority list of Typists and Assistants.

(3.) It is submitted that pursuant to passing the examination conducted by the A.P. Public Service Commission in December, 1976, the appellants were appointed as Typists on different dates in August, 1978 under Category V of the A.P. Legislature Secretariat Service Rules (hereinafter referred to as "Rules"). They have completed probation period on various dates in August, 1980. Respondents 2 to 18 were initially recruited temporary as Assistants in 1977. During the said period, a large number of employees were working temporary in various Departments of Secretariat and other Heads of Departments in the posts of Junior Assistants, L.D.Cs., Typists and Steno-Typists and as there was no regular examintion conducted by the Public Service Commission, the Government on the representations of the Service Associations thought it fit to conduct a Special qualifying test in respect of such temporary employees who were in service as on 12-4-1978 in order to regularise their services, and, accordingly, issued orders in G.O.Ms.No 380, General Administration (Services - A) Department, dated 2-6-1978. Respondents-2 to 18 appeared for the Special qualifying test held by the Public Service Commission in 1979 and after passing the said test, their services were regularisec with effect from 17-9-1979 by office order No. 446/OP. I /79, dated 17-9-1979 .sued by the 1st respondent in the order of preference indicated by the Service Commission. A second office order No. 519/OP. 1/1981 dated 11-11-1981 was issued regularising the services of respondents 2 to 18 in the category of Assistants with effect from the date of their first appointment as temporary Assistants subject to the condition that such date not being earlier to the date of the last regular appointment in that category.