Judgment

DESAI, J. :- Special leave granted.

2. Delay in filing the special leave petition condoned.

3. We heard Mr. A. Subba Rao, learned counsel for the appellant and Mr. Ram Reddy, learned senior counsel for the State of Andhra Pradesh.

4. The appellant claims that if appropriate action would have been taken at the time it was due, as per the G.O.Ms. No. 559 dated May 4, 1961 which provides that the principle of reservation of appointments should be extended to all cadres of posts including posts involving promotions in all departments including the Departments of Secretariate to which it did not apply till then, the appellant would have been eligible for promotion as Deputy Registrar of Co-operative Societies in 1965. He also claims that by denying him the promotion in violation of the aforementioned Govt. Order, his future promotion to the post of Joint Registrar has been adversely affected because in that event he would have long since been appointed as Joint Registrar. The appellant sought relief by filing Representation Petition No. 1172 of 1977 in the Andhra Pradesh Administrative Tribunal, Hyderabad. The Tribunal held that the special rules for the Co-operative service did not contain any specific provision for the application of rule of reservation and, therefore, in accordance with the Government Memo dated 27-3-1963, the appellant was not entitled to claim the benefit of the rule of reservation for promotion to the rank of Deputy Registrar between 1965 and 1972 as claimed by him., Alternative submission of the appellant that the action of the Government in giving the benefit of the rule of reservation to the category of Section Officers in the Secretariat in Andhra Pradesh General Service for appointment to the rank of Deputy Registrar while omitting other feeder categories from which appointments by transfers were made to the post of Deputy Registrar, was discriminatory and hence violative of Arts. 14 and 16 of the Constitution, was rejected observing that the promotion from the post of Sub-Registrar of Co-operative Societies to the post of Deputy Registrar of Co-operative Societies was in direct line of promotion and therefore, this category has been excluded from the table annexed to G.O.Ms. No. 758 dated October 30, 1976 Accordingly, the representation petition was rejected. Hence this appeal by special leave.

5. When the appeal was taken up for hearing, Mr. Ram Reddy frankly stated that if the benefit of the rule of reservation as set out in the G.O. Ms. 559 of May 4,1961 was available to the appellant, he would become eligible for promotion to the post of Deputy Registrar way back in 1965 or latest in 1972. He also frankly conceded that if now the appellant is given promotion out of turn when he did not take effective remedial measures till 1977, when he filed the representation petition, there would be extensive disturbance in various categories of posts because once the appellant is given the benefit, there are numerous similar cases to whom the same benefit will have to be extended and there will be number of promotions and reversions affecting the service.

6. Mr. Subba Rao repelled the submission saying that the appellant has been making numerous representations which have fallen on deaf ears and therefore he should not, be made to suffer and be the victim of bureaucratic callousness and indifference.

7. It is now admitted that the petitioner had filed Writ Petition No. 376 of 1968 in the High Court of Andhra Pradesh and in response to his request, the Government re-fixed the seniority of the appellant in the cadre of Sub-Registrars of Co-operative Societies just below Shri N. Raghunatha Rao. It is also admitted that the petitioner became eligible for promotion as Deputy Registrar from the year 1965. It is further admitted that the petitioner has been working as Deputy Registrar with effect from October 14, 1983.

8. The vertical line of promotion in Cooperative service appears to be Sub-Registrar of Co-operative