S MAHABUB BASHA Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) THIS Writ Petition has been filed challenging the orders of the Andhra pradesh Administrative Tribunal in O. A. No. 1924 of 1997dated 2-3-1998.

(2.) THE brief facts of the case leading to filing of the writ petition are that the petitioner was originally appointed as Veterinary Assistant Surgeon on 23-12-1985 having Post Graduate Degree in Veterinary Science with Genetics and animal Breeding. The petitioner passed all the departmental tests. It is stated that the post of Assistant Director (Statistics) is to be filed by direct recruitment and by promotion among Veterinary Assistant Surgeons according to special Rules issued vide G. O. Ms. No. 729 dated 24-9-1977 in the Animal Husbandry department.

(3.) THE Government of Andhra Pradesh in supersession of the Special Rules issued vide G. O. Ms. No. 729 dated 24-9-1977 amended the service Rules of Animal husbandry Department vide G. O. Ms. No. 54 dated 6-6-1996 and the same was published in the Gazette with effect from 12-6-1996. According to the amended Rules, the structure of all the posts were categorized into four classes. The posts that are in existence in Statistical line in pre-revised rules were classified under class-C. In pre-revised Special rules there was no post of Veterinary Assistant surgeon (Statistics), whereas in the new rules the post of Veterinary Assistant surgeon (Statistics) was created under category (4) of Class C. For the first time the post of Veterinary Assistant Surgeon (statistics) was created. Under the old rules there were posts of Assistant Director, Animal Husbandry (Statistics) likewise Deputy Director of (Statistics ). According to the amended rules, the post of Assistant Director, Animal Husbandry (Statistics) has to be filled by promotion of Veterinary Assistant Surgeon in category (4) of Class-C service. i. e. VAS Statistics.