Judgment

BEG, J.:- A Writ Petition, was filed in the High Court of Andhra Pradesh by nine Government servants claiming that Rule 22 of the Andhra Secretariat Service Rules (known as the A. T. A. Rules) does not apply to them "as they are not reverted probationers or probationers who are re-appointed on or after 1-11-1956." The relevant rule reads as follows :

"22. Promotion as Upper Division Clerks and Superintendents and their discharge for want of vacancies.

Notwithstanding anything contained it these Rules or in the General Rules, two out of every three vacancies occurring in the categories of Upper Division Clerks and Superintendents on and from 1-11-1956 shall be filled by reappointment of probationers from Andhra and the remaining one shall be filled by promotion of a person from Telangana in the following order till the list of probationers as it existed on 1-11-1956 is exhausted.

1st vacancy ... Andhra Probationer.

2nd vacancy ... Telangana Probationer.

3rd vacancy ... Andhra Probationer.

Their discharge for want of vacancies shall be in the inverse order of their promotion.

Provided that promotions of personnel from Telangana shall be made on grounds of merit and ability senior