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2003 Supreme(SC) 584

SHIVARAJ V.PATIL, ARIJIT PASAYAT
Santosh Kumar – Appellant
Versus
State Of A. P. – Respondent


JUDGMENT

Shivaraj V. Patil, J.-The Division Bench of the High Court by the common impugned order disposed of Writ Petition Nos. 34839, 35775 of 1997 and 6758 of 1998. This appeal is filed by the respondent No.4 in W.P. No. 35775/97. Some of the Head Constables including the respondent No. 4 herein (hereinafter referred to as respondent ) in this appeal were appointed temporarily as out of seniority, Sub-Inspector (OSSI) w.e.f. 3.12.1983 without following recruitment rules. The appellant was appointed as direct recruit on 12.9.1985. Between 1996 and 1997, the Government of Andhra Pradesh issued various Government Orders relaxing relevant recruitment rules in favour of the respondent and others regularizing their services with effect from the date of their temporary appointments affecting the seniority of the appellant. The appellant challenged the same before the A.P. Administrative Tribunal. The Tribunal held that the State Government had power to relax the recruitment rules with retrospective effect but however, the Tribunal held that the services rendered by the respondent and other similarly placed persons could not be counted as officiating service for determining their seni








































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