GOVERNMENT OF ANDHRA PRADESH Vs. B SATHAIAH

JUDGEMENT

(1.) The Government of Andhra Pradesh, represented by its Secretary, Revenue Department, filed this writ petition feeling aggrieved by order dated 07.10.2002 in O.A.No.5535 of 1993 on the file of the A.P. Administrative Tribunal, Hyderabad (for short, the Tribunal).

(2.) We have heard the learned Assistant Government Pleader representing the learned Advocate General for the State of Andhra Pradesh. At the hearing, counsel for the respondent is not present.

(3.) Due to a problem pertaining to Mulki, the State of Andhra Pradesh could not undertake the regular recruitment for various categories of posts, including that of typists, through A.P. Public Service Commission (APPSC) from 1967 to 1978. Evidently to meet the exigencies of administration, the posts of typists were being filled through the Employment Exchanges following the rule reservation. The respondent was one such person, who was sponsored by the Employment Exchange, selected as typist, and by proceedings dt.18.2.1976, he along with four others were appointed as typists temporarily under Rule 10(a)(i)(1) Part II of the Andhra Pradesh State and Subordinate Rules, 1962 (for short, the Rules). He has joined the duty on 21.2.1976. The State Government has prescribed a special qualifying test for regularizing the services of those who were not appointed through the medium of APPSC. As the respondent has passed the said test, his services were regularized in the category of typist vide office order No.3/D2/1980 with effect from 04.12.1978, vide proceedings dt.16.05.1980. Nearly twelve years later, the respondent made representation dt.24.04.1992 for revising his seniority with effect from 21.02.1976 in the vacancy by showing him in the vacancy reserved for physically handicapped candidate. This representation was rejected by the petitioner, vide Memo No.34068/OP.I(2)/92-1, dated 18.01.1993. Feeling aggrieved thereby, the respondent filed O.A.No.5535 of 1993.