K.DAYANAND Vs. DIRECTOR OF ECONOMICS

JUDGEMENT

(1.) Petitioners filed this Writ Petition seeking to quash the Order dtd. 12/4/2000 in Original Application No. 3854 of 1992 on the file of AP. Administrative Tribunal, Hyderabad with consequential directions to the respondents 1 and 2 herein to reckon the Seniority of the petitioners in the posts of Deputy Statistical officers from 3/2/1997, 9/7/1976 and 26/7/1997 respectively for all purposes including promotions to the next higher posts from due dates with attendant monetary benefits.

(2.) The facts in brief are that the petitioners were initially appointed as Taluq Statistical Assistant, Progress Assistant and Taluq Statistical Assistant on 26/7/1963, 4/6/1962 and 26/8/1964 respectively in the Bureau of Statistics and Economics, Andhra Pradesh and were subsequently promoted as Deputy Statistical Officers on 3/2/1977, 9/7/1976 and 26/7/1977 respectively. It is stated that as per the Andhra Pradesh Economic and Statistical Subordinate Service Rules, the posts of Deputy Statistical Officer (earlier called as Senior Investigators) are to be filled up by promotion from the category of Progress Assistants, Taluk Statistical Assistants, Junior Investigators and by direct recruitment and by transfer of Upper Division Clerks (Senior Assistants) according to rota - quota prescribed therein. In a cycle of 20 vacancies of the posts of Deputy Statistical Officers, the 6th, 11th, 16th and 20th vacancy has to be filled up by direct recruitment and the 10th vacancy by transfer of Upper Division Clerk and the remaining vacancies have to be filled by promotion from among the Progress Assistants, Taluk Statistical Assistants and Junior Investigator as shown in the cycle. It is further stated that though the petitioners were promoted to the posts of Deputy Statistical Officers in the clear vacancies of the posts meant for promotees as per the recommendation of Departmental Promotion Committee, their promotions were treated as temporary and their services were regularized only with effect from 5/1/1982 after the posts meant for direct recruitment were filled up and their dates of regularization and seniority was also shown after final seniority lists of Deputy Statistical Officers of all the Zones I to VI were prepared by the first respondent vide proceedings in Memo No.22386/Admn/A5/87-6 dtd. 1/6/1991. Aggrieved thereby the petitioners filed O.A.No.3854 of 1992 before the A.P. Administrative Tribunal contending that under Rule 2 of the A.P. Economics and Statistical Subordinate Service Rules, recruitment is provided to the post of Deputy Statistical Officer by the method of direct recruitment, promotion and transfer. The rules provide for a rotation of appointment by the said three methods in a cycle of 20 vacancies. If this cycle is followed and the direct recruitment is resorted to in a timely manner, the principle of quota / rota could be strictly followed and the inter-se seniority between the direct recruits and promotees could be fixed according to the rotation prescribed in the rule. The direct recruitment has to be done only through APPSC and where a vacancy is to be filled by direct recruitment and it could not be done due to the inordinate delay in the selection process, the vacancy intended to be filled by a direct recruitment can be filled up by a departmental candidate due to administrative exigencies and the direct recruitee cannot claim seniority over the promotee if he joins after a long time. The petitioners contended that since their date of promotion was 1976 and 1977 respectively and since the direct recruits joined the posts much later, their services have to regularized from their respective dates of promotion as per General Rule 33 (a) without waiting for the direct recruits, but not from the year 1982 as was done by the first respondent herein.

(3.) First respondent herein filed a counter stating that Rule 33 (a) of the General Rules does not apply to the applicants as they are governed by the Special Rules on the subject i.e. A.P. Economic and Statistical Subordinate Service Rules, final seniority lists of Deputy Statistical Officers of all the six zones were prepared by the Directorate of Economics and Statistics and issued in Memo dtd. 1/6/1991 following the rota/quota in a cycle of 20 vacancies. It is further stated that when there is rota/quota between the direct recruits and promotees, it is not possible to determine the seniority of the employees on the basis of the dates of their promotions and on the other hand it is necessary to restrict the dates of regularization of service of the promotees to those of direct recruits and without such restriction, it is not possible to follow the rota/quota system. It is further stated that the quota of vacancies meant for direct recruits should be given to them as and when they come to the department since the quota rule has not broken down in the department. It is further stated that the petitioners were promoted against the vacancies, which arose subsequent to the vacancy which was meant for a direct recruit. Hence the date of regularization of services of the petitioners has therefore been restricted to 5/1/1982, which was the date of joining of a direct recruit.