IMPORTANT POINT
The educational qualification possessed by the workman during the period he had worked as ex-casual labourer would be the only qualification which would be relevant while giving appointment under the scheme framed by the A.P. State Electricity Board, for the post of LDC/Revenue Cashier.

Headnote:Service Law-Appointments-Posts of LDC/Revenue Cashier-Scheme for absorption of ex-casual labourers against regular vacant posts-Qualification and minimum number of days prescribed-Casual labourers categorised accordingly-Respondent, ex-casual labourer had worked with State Electricity Board for a period of 47 days-He was not a graduate at the time when he had worked as a casual labourer-He had also not intimated to the Board about his graduation-His name rightly not included in final list as he had not put in 100 days of work making him eligible for the post-Subsequent acquisition of higher qualification would not entitle ex-casual labourer to claim a higher post or in reduction of actual number of days of work required to be put in by him, as a casual labourer.
       Held : A perusal of the scheme indicates that it was evolved to absorb suitable and eligible ex-casual labourer after adjusting the existing casual labourers to fill up the vacancies as a one time measure. While framing the scheme for absorption of ex-casual labourer the framers kept two things in mind, i.e., educational qualification and the number of day s work put in. Lower the qualification - higher the number of working days and higher the qualification - lower the number of working days. Both the educational qualification as well as the number of day s work put in are relatable to the individual workman at the time of leaving the service. Educational qualification was kept as a relevant factor while prescribing the number of day s work required to be put in by the ex-casual labourer for being considered for absorption in the service. If this be so, then the eligibility criteria of qualification as well the number of day s work put in would have to be determined relatable to the time the labourer left the service and not to any other date later. Subsequent acquisition/improvement in the qualification would not entitle the ex-casual labourer to obtain the job under the scheme. (Para 11)
       If the ex-casual labourer was not a graduate as on the date of leaving the service then necessarily he was required to put in mandays of 100, 90, 80 and 60 respectively for the respective categories of posts for absorption in the service. A labourer in the construction establishment was not required to have any qualification and it was sufficient, if he was able to read and write . Such a candidate was required to put in 100 mandays of work. But having regard to the requirement of educational qualification in the context of the post to be held the requirement of number of working days is reduced and coming to the graduates they are entitled to be absorbed as LDC/Revenue Cashier, Typist/Steno-Typist in the operation circle irrespective of the number of days of work put in by them. (Para 12)
       The High Court was not right in holding that an ex-casual labourer who was not a graduate at the time when he left the service, on acquisition of degree and becoming a graduate subsequently would become eligible for the post of LDC/Revenue Cashier in the second category. Overall, reading of the scheme clearly indicates that the qualification has to be reckoned as on the date of leaving the service. (Para 13)

JUDGMENT

Bhan, J.-This appeal is directed against the final order and judgment dated 17th July, 1999 in Writ Petition No. 16523 of 1993 by a Full Bench of the High Court of Andhra Pradesh wherein the High Court has held that the respondent-writ petitioner was eligible to be considered for the post of LDC/Revenue Cashier and a direction has been given to the appellant to appoint the respondent in one of the posts of LDC/Revenue Cashier within a period of one month from the date of receipt of the copy of the order impugned therein.

2. Appellant, Transmission Corporation of Andhra Pradesh Limited (hereinafter referred to as the appellant ) is the successor of erstwhile Andhra Pradesh State Electricity Board (for short the Board ). The Board entered into an agreement with the workers Union for absorption of ex-casual labourers against regular vacant posts arising from time to time for operation & Maintenance and Construction Establishments posts. Accordingly, the Board framed a scheme and issued the same by Office Memo No. OSD(P)/DA.I/A3/1138/85-1 dated 26.8.1985. Casual labourers were divided into two categories. In the first category the qualification and the minimum number of days for making them eligible for appointments were notified as under:

Qualification of Minimum No. of days ex-casual labourer one should have worked

(a) Read and Write 100 days

(b) 8th Class passed 90 days

(d) I.T.I. (Electrical Trade) 60 days

3. The second category was of those ex-casual labourers who were graduates or possessing equivalent or higher qualifications. They were to be absorbed against the vacant LDC/Revenue Cashier/Typists/Steno-Typist posts in the Operation Circle irrespective of the number of day s work put in by them.

4. In the first category the Division was taken as a unit for considering the eligible and suitable ex-casual labourers and the Divisional Engineer was made the appointing authority. In respect of the second category the Circle was taken as a unit for considering the eligible ex-casual labourers and the Superintending Engineer was named as the appointing authority. Division Engineer and the Superintending Engineer in their respective Divisions/Circles were directed to scrutinize and verify the lists of eligible candidates amongst the ex-casual labourers and satisfy themselves personally regarding the number of days worked and the qualification possessed by each candidate. The list prepared of such casual labourers was required to be displayed on the notice board and the final list was to be prepared after scrutinizing the representations, if any, received in this regard. Thereafter, the final list was to be forwarded to the Board in the proforma appended for approval. Appointment orders were to be issued after taking approval from the Board.

5. The sole respondent, the ex-casual labourer, had worked with the Board on daily wage basis for a period of 47 days from 1.5.1976 to 30.6.1976. He was not a graduate at the time when he had worked as a casual labourer with the Board in the year 1976. He did his graduation in the year 1981-82. Since he was not a graduate at the time when he had worked as a casual labourer arid he had also not intimated to the Board about his graduation, his name was considered in the first category and included in the comprehensive list prepared in the concerned Division. His name was not included in the final list as it was opined that the incumbent was a read and write candidate and had not put in 100 days of work making him eligible for a read and write candidate.

6. The concerned Divisional Engineer submitted the final list prepared by him to the Superintending Engineer who in turn submitted the same to the board. The final list was got published in the newspaper (Telgu daily). It was indicated that in case of any omission or discri

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