KOTHAPALLI MALLA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The main question for my consideration in this writ retition is whether the Government can revise the order of the Board of Revenue under Rule 75-A of the Andhra Pradesh (Andhra Area) Village Offices Service Rules, 1969. In order to decide this question, it is necessary to state a few facts.

(2.) The permanent Village Munsif of Thippireddipalli died on 14th January, 1974. Applications were called for, to fill up the vacancy on a permanent basis. The petitioner and the third respondent applied for the post. The Revenue Divisional Officer appointed the third respondent by his order dated 2nd July, 1974. Against that order the petitioner preferred an appeal before the District Revenue Officer, who allowed it on 16th December, 1974. He appointed the petitioner. Against that order, the third respondent preferred a second appeal to the Board of Revenue, but it was dismissed on 3rd July, 1975. Questioning that order the third respondent filed a revision before the Government under rule 75-A of the Rules and it was allowed on 5th October, 1975. On a consideration t f the relative merits and demerits of both the applicants, the Government held that the third respondent was better qualified and better suited to hold the post. Challenging the order cf the Government, the petitioner has filed tbis writ petition.

(3.) It is submitted by Sri Kotireddy, the learned counsel for the petitioner that the Government have no jurisdiction to entertain tbe revision under rule 75-A of the Rules. It is not disputed that rule 75-A was introduced through G.O. Ms.N . 514, Revenue, dated 19th April, 1975, which was published in the Andhra Pradesh Gazette, dated 21st April, 1975. The submission cf Sri Kotireddy is that on the date when the applications were called f -r, in 1974 rule 75-A was not in operation and it is the law in force on that date that governs tbe parties and, the Government have no jurisdiction to entertain the revision under rule 75-A of the Rules.