Judgment

MISRA, J. :- These two sets of appeals by special leave are directed against a common order of the Andhra Pradesh Administrative Tribunal, Hyderabad dated the 20th Aug., 1980; the first one by Y. V. Rangaiah and others, and the other by the State of Andhra Pradesh and another. By the said order the Administrative Tribunal disposed of two representation Petitions Nos. 302 of 1978 and 1036 of 1978. As the two sets of appeals raise common questions of law, they are being disposed of by, a common judgment.

2. The petitioners in the two representation petitions are working as Lower Division Clerks in the Department of Registration and Stamps, Andhra Pradesh. Rule 4 (a) (1) (i) of the Andhra Pradesh Registration and Subordinate Service Rules, lays down that all first appointments to a service, State or Subordinate, and all promotions in a service otherwise than in accordance with clause (ii) of sub-rule (b) of R. 34 shall be, made by the appointing authority or the authority specified in sub-rule (c), as the case May be from a list of the approved candidates. The rule further provides that such list shall be prepared in the prescribed manner by the appointing authority or any other authority empowered in the special rules in that behalf. The rule further requires that the list of approved candidates for appointment by transfer, where the Public Service. Commission is not consulted or the suitability of a candidate, shall be prepared in the month of September every year so as to be in force until the list of approved candidates for the succeeding year is prepared and for the purpose of preparing the said list the claims of as many eligible candidates as such authority considers necessary shall be considered. This rule further enjoins that the list of approved candidates shall contain such number of candidates as is approximately equal to the number of vacancies expected to arise during the currency of that list. Rule 4 (a) (2) requires that persons who are included in the previous years list of approved candidates but who have not commenced their probation should be considered for inclusion in the next years list. The explanation under the rule further clarifies that in considering the inclusion of such persons in the current years list, it shall not be necessary to carry forward the names of all such persons without having regard to the relative merit and ability.

3. Apart from the aforesaid rules, the Government have also issued very clear instructions from time to time viz., G. O. Rt. No. 1042-G. A. (Ser-A) Department dated 15th June, 1966, G. O. Ms. No. 485-G. A. (Ser-A) Department dated 26th July, 1968 and G. O. Ms. No. 202-G. A. (Ser-A) Department dated 4th April, 1969 and Memo No. 1476/Service/A/72-2 dated 7th of Nov., 1975. The Memo dated - 7th of Nov., 1975 in paragraphs 5 and 6 states :

"5. It needs hardly be urged that prompt preparation of panels is essential both for increasing administrative efficiency, and also for filling up vacancies without delay.

6. All the appointing authorities are directed to bear in mind the instructions issued on the preparation of panels and ensure that the panels are prepared promptly in the month of September every year."

4. In the light of the rules and instructions mentioned above, a list of approved candidates should have been prepared as on 1st Sept., 1976 for making appointments to the grade of Sub-Registrars Grade II by transfers. The grievance of the petitioners is that contrary to the rules and instructions a list of the approved candidates was not prepared as on 1st Sept., 1976; instead it was considerably delayed and drawn up only in the year 1977 when an amendment to the rules had been incorporated by G. O. Ms. No. 265-Revenue. (UI) dated 22nd March, 1977 whereby the original rules, providing for consideration of Lower Division Clerks for appointment as Sub-Registrars Grade II were done away with and promotion or transfer to that category. was to be made from amongst Upper Div