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1988 Supreme(SC) 167

G.L.OZA, RANGANATH MISRA
K. V. Subba Rao – Appellant
Versus
Govt. of A. P. – Respondent


Advocates:
A.SUBBA RAO, B.SUDHAKAR REDDY, C.K.Suchitra, CHELLA SITHARAMIAH, K.RAJENDRA CHAUDHARY, K.RAM KUMAR

Judgment

RANGANATH MISRA, J. - The appeals are by special leave and are directed against the judgment of the Andhra Pradesh Administrative Tribunal in a group of representation petitions while the writ petitions are under Article 32 of the Constitution, Writ Petition 72 of 1987 being by promotee Deputy Tehsildars and Writ Petition 241 of 1987 being by another group of Deputy Tehsildars promoted by transfer.

2. The background of the litigations may now be indicated. A set of rules regarding recruitment of Deputy Tehsildars was in force in the erstwhile State of Madras which continued to apply to Andhra Pradesh until in 1961 the Andhra Pradesh Revenue Subordinate Service Rules (hereinafter referred to as the Special Rules ) were brought into force. The cadre under the Special Rules consisted of Deputy Tehsildars only. Rule 3 provided :-

"3. Appointment :- (a) Appointment to the category of Deputy Tehsildars in this service shall be made :-

i) by direct recruitment, or

ii) by transfer from members of the Andhra Pradesh Ministerial Service employed in the Revenue Department including the office of the Commissioner of Land Revenue, Revenue Settlement parties and the office of the Director of


















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