IMPORTANT POINT
For the purpose of promotion to the category of Senior Assistants, A.P. Adm. Tribunal directed separate rules for the feeder posts of Typists and Junior Assistant and High Court rightly affirmed it as it is in accordance with relevant Rules.

Headnote:A.P. State Subordinate Service Rules-Rule 33(C)-Andhra Pradesh Public Service Commision Regulation, 1963-Regulation 12(3)(a)-Andhra Pradesh Ministerial Service Rules-Rule 5-Promotion Rule-Appellants initially recruited as Typists and Respondents 3 to 10 as Junior Assistants-Both Typists and Junior Assistants given promotion to posts of Senior Assistants-Minimum educational qualifications different for Typists and Junior Assistants-Difference in their entrance tests-Separate guidelines for their promotion under A.P. Ministerial Rules-Thus A.P. Adm. Tribunal providing different directions in the matter of promotion from these two categories to the next higher cadre-Approved by High Court-Whether correct? (Yes)-Appeal dismissed.
       Held : It is true that both Typists and Junior Assistants have been in the feeder category for the purpose of promotion to the posts of Senior Assistant. But it is not fully correct to say that posts of Junior Assistants and Typists are equivalent. Minimum education qualifications prescribed for Typists is SSC/Matriculation, whereas for the post of Junior Assistant, the minimum educational qualification is graduation. For recruitment of Junior Assistants, a test consisting of four papers is prescribed, whereas for Typists one has to pass a test consisting of only one paper. Moreover, in Andhra Pradesh Ministerial Rules, separate guidelines have been provided for promotion from these two categories. Therefore, it is idle to contend that there should not have been any distinction in the matter of promotion from these two categories to the next higher cadre. In fact, the relevant rules also treated these two groups differently for the purpose of promotion. (Paras 6 and 7)
       Held : [By virtue of Regulation 12(3)(a) of the APPSC Regulation, 1963] it is clear that Junior Assistants are entitled to get promotion to the next higher grade after completion of 3 years service, of which at least 2 years shall be in that category, and the Typists shall be governed by rule 5 for the purpose of their promotion. (Para 8)
       [By virtue of Rule 5 of A.P. Ministerial Service Rules] it is abundantly clear that Typists and Stenographers have to pass the eligibility test for getting promotion to the post of Senior Assistant and they have to put in 5 years service for the purpose of promotion. The appellants have submitted that they have passed the test and qualified themselves for promotion. Admittedly, from 22.3.1984, the Typists also are entitled to get promotion to the cadre of Senior Assistant after completing 3 years service. The direction given by the Tribunal which is affirmed by the High Court is in accordance with the relevant rules. (Para 10)
       Held finally, we do not find any merit in the appeal and the same is accordingly dismissed, however, without costs. (Para 12)

JUDGMENT

Balakrishnan, J.-Leave granted.

2. The judgment of the Division Bench of High Court Andhra Pradesh is challenged before us. The appellants and respondents 3 to 10 are now working in different cadres such as Assistant Secretaries, Superintendents and Senior Assistants in Andhra Pradesh Public Service Commission (hereinafter being called "APPSC"). The appellants were initially recruited as Typists and Respondents 3 to 10 were initially recruited and appointed as Junior Assistants. For Junior Assistants, the next promotion post was Senior Assistants. Those who were appointed as Typists had also been urging for promotion to the post of Senior Assistants and from 1978 onwards they were given promotion to the post of Senior Assistants. Promotions to the post of Senior Assistant from the cadres of Junior Assistant and Typist were in the ratio of 4:1. However, promotions so made were not supported by any rules but were based on a policy adopted by APPSC. In 1992, APPSC decided that inter se seniority between Typists and Junior Assistants shall henceforth be fixed from the date of their first appointment and the ratio for the purpose of their promotion to the category of Senior Assistants was sought to be revised. Both groups of employees were given opportunity to submit their objections and thereafter the seniority was revised vide Office Memorandum No. 2051/ADB.2/93 dated 30-6-1996. The group representing employees who were initially recruited as Junior Assistants filed OA No. 4013/96 before Andhra Pradesh Admn. Tribunal for a direction to the APPSC for implementation of the revised proceedings issued on 30.6.1996 and the rival group, namely, the appellants filed OA No. 4172/96 challenging the proceedings dated 30.6.1996 relating to seniority.

3. The APPSC filed reply statement contending that Commission had earlier adopted a ratio of 1:4 in the matter of promotions to the posts of Senior Assistants from the categories of Typists and Junior Assistants respectively and that procedure was found to be incorrect as there were no rules supporting such promotions, and that the Commission accordingly revised the seniority list. After hearing the parties, the Tribunal found that promotions to the post of Senior Assistants were not being done in accordance with the relevant rules and the Tribunal disposed of the two OAs with the following directions :-

(a) For making promotions to the category of Senior Assistants, the length of service in feeder categories i.e., Junior Assistants and Typist should be the criterion for the purpose of promotion to the post of Senior Assistant and not the ratio of 4 : 1.

(b) Junior Assistants with 3 years of service are eligible for promotions to the category of Senior Assistants with effect from 12.2.1979.

(c) Typists should have 5 years of service for promotion to the category of Senior Assistants in respect of the promotions to be made prior to 21-3-1984. In respect of promotions to the category of Senior Assistants made subsequent to 22.3.1984, three years of service would be sufficient.

(d) In these Oas, the Tribunal has only laid down guidelines for the purpose of promotions to the category of Senior Assistants from the feeder categories of Junior Assistants and Typists during the period from 1980 to 1992. The inter se seniority between the individual employees recruited to different categories through different methods of recruitment should be fixed following the rules and orders of the courts, if any.

(e) Following the above guidelines, the promotions made during the period from 1980 to 1992 to the category of Senior Assistant should be reviewed and after such review the revised seniority lists should be drawn and communicated to the employees for making representations, if any. After considering the representation, the final seniority lists should be issued.

(f) This exercise should be completed

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Judicial Analysis

SupremeToday

2001 Supreme(SC) 806

IMPORTANT POINTFor the purpose of promotion to the category of Senior Assistants, A.P. Adm. Tribunal directed separate rules for the feeder posts of Typists and Junior Assistant and High Court rightly affirmed it as it is in accordance with relevant Rules.

Judicial Analysis

IMPORTANT POINT
For the purpose of promotion to the category of Senior Assistants, A.P. Adm. Tribunal directed separate rules for the feeder posts of Typists and Junior Assistant and High Court rightly affirmed it as it is in accordance with relevant Rules.