K TULASIRAM Vs. SECRETARY HYD

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking a direction to Respondent No.l to treat the petitioners as Assistants (now designated as Assistant Section Officers) from the date of their appointment as that was done in A.P. Secretariat Services and also a declaration that the order of the respondent in Merno No.788, dated 15-11-1992 is illegal.

(2.) The learned Counsel for the petitioners submits that the petitioners who were enrolled in the Employment Exchange and possessing Graduation and Post-Graduation qualifications, were appointed temporarily on being sponsored by the Employment Exchange to the post of Assistants, now designated as Assistant Section Officers on various dates between 1977 and 1978 under emergency provisions vide the office order No.RT.No.834/OP.I/77, dated 3-10-1977 of the 1st respondent. The post of Assistant (Assistant Section Officer) is Category-II, post, as per A.P. Legislature Secretariat Service Rules. While the petitioners were discharging their duties as Assistant Section Officers, the State Government in G.O.Ms. No.380, dated 2-7-1978, directed the employees who were appointed temporarily to undergo Special Qualifying Test which would be conducted by the A.P. Public Service Commission. In pursuance of which, the petitioners appeared for the Special Qualifying Test and on their passing the said test, their services were regularised in the lower category of Junior Assistants, in terms of the said G.O.

(3.) While the matters stood thus, the State Government issued orders in G.O.Ms. No.647, dated 14-9-1979 to the el Feet that the services of all temporary Government employees who are continuing as on 9-8-1979 should be regularised without subjecting them to any test. It was also ordered that the services of persons who are appointed directly to the post of Assistants (Assistant Section Officers) and Upper Division Stenos should be regularised in the Lower category of Junior Assistants and the Lower Division Stenos, as the case may be.