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2001 Supreme(SC) 299

B.N.AGARWAL, G.B.PATTANAIK, K.G.BALAKRISHNAN
P. Mohan Reddy Etc – Appellant
Versus
E. A. A. Charles – Respondent


JUDGMENT

Pattanaik, J.-Inter se seniority in the cadre of Deputy Tehsildars between direct recruits and promotees is the subject matter of dispute in these appeals. When the matter had been listed before a two Judge Bench, it was felt that there is some conflict between the two decisions of the Court, one in the case of Wing Commander J. Kumar v. Union of India1, and the decision in K.V. Subbarao and others v. Government of Andhra Pradesh and others2, for which the cases were referred to a three Judge Bench. The appellants are directly recruited Deputy Tehsildars and their service conditions are governed by Andhra Pradesh Revenue Subordinate Service Rules, 1961 (hereinafter referred to as The Special Rules ). Under the Special Rules appointment to the cadre of Deputy Tehsildars could be made either by direct recruitment or by transfer from members of Andhra Pradesh Ministerial Service employed in the Revenue Department including the office of the Commissioner of Land Revenue, Revenue Settlement and office of the Director of Settlements, Survey and Land Records. It also further provides that substantive vacancies in the cadre would be filled up by direct recruitment and recruitme





















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