LAWS(APH)-1969-9-19

SYED ABBAS HUSSAIN NAGRI Vs. STATE OF A. P., THROUGH ITS SECY. TO GOVT. REVENUE DEPARTMENT HYDERABAD AND ANOTHER

Decided On September 30, 1969
SYED ABBAS HUSSAIN NAGRI Appellant
V/S
State Of A. P., Through Its Secy. To Govt. Revenue Department Hyderabad And Another Respondents

JUDGEMENT

(1.) The appellants in all these writ appeals are personnel who were in the service of the State of Hyderabad as it was existing prior to 1-11-1956 and were allotted to the State of Andhra Pradesh from 1-11-56. The Appellants in W. A. No. 167 of 1967, and 9, 10 and 11 of 1968 were Tahsildars on 1-11-56 and were promoted as Deputy Collectors after that date. They filed writ petitions out of which these writ appeals arise on their being reverted to the post of Tahsildars. Writ Appeal No. 167 of 1967 arises out of Writ Petition No. 2067 of 1966. Writ Appeals 9, 10 and 11 of 1968 arise out of Writ petitions 2082 of 1966, 60/67 and 244/67 respectively. The Writ petitions were dismissed by a common judgment rendered by our learned brother Chinnappa Reddy, J. The appellant in Writ Appeal No. 253 of 1968 was a Nayab Tahsildar (Deputy Tahsildar) on 1-11-1956 and was later promoted as Tahsildar. He filed writ petition No. 825 of 1967 out of which the aforesaid appeal arises challenging the orders of reversion made against him. His writ petition was dismissed by our learned brother Chinnappa Reddy, J. The appellant in Writ Appeal No. 24 of 1969 was an Upper Division Clerk in the Electricity Department on 1-11-56 and was promoted to the post of Accountant (non-gazetted) on 14th May, 1959 and was later promoted as Deputy Chief Accountant on 3-3-1962. His Writ Petition No. 59 of 1967 is directed against the order of reversion from the post of Deputy Chief Accountant to the post of Accountant. The writ petition was dismissed by our learned brother Kuppuswamy, J. The appellants in Writ Appeals 95, 102 and 178 of 1969 were Accountants and Second Grade Clerks as on 1-11-1956 in the Sales Tax Department. They were promoted as Assistant Commercial Tax Officers after that date and their Writ Petitions Nos. 1788, 1784 and 1854 of 1968 were directed against the orders of reversion to the posts of Accountants and Second Grade Clerks which were dismissed by our learned brother Kuppuswami, J.

(2.) These Writ Appeals came up for hearing before our learned brothers Venkatesam and A. D. V. Reddy, JJ. who referred them to a Full Bench. By the order of reference the following questions have been referred.

(3.) As regards question No. 5, it has been observed in the order of reference that there were no pleadings in the affidavits filed by the petitioners in regard to the said question. The order of reference further says: