Judgment

RANGANATH MISRA, J.- These are petitions under Article 32 of the Constitution. Petitioners are promotee-Engineers of the Roads & Buildings Wing of the Andhra Pradesh Engineering Service and challenge mainly is to certain earlier decisions of this Court resolving similar disputes by judgments rendered in writ petitions and to the guideline formulated by the State Government in the matter of the drawing up of the seniority list by way of implementation of this Courts directions.

2. Facts are not in dispute. Shortly stated, under the Rules substantive vacancies in the category of Assistant Engineers have to be filled up from two sources - 371/2 per cent by direct recruitment and the remainder of 621/2 per cent by transfer of Supervisors and Draughts men and by promotion of Junior Engineers. Regular direct recruitment had not been made as and when due and promotees beyond the limit had been put in the place of direct recruits. While disposing of a group of petitions in a contest of this type in K. Siva Reddy v. State of A.P1 a two Judge bench of this Court instead of disturbing the entire group of promotee-Engineers in excess of the quota, made the following direction : (SCC pp. 227-28, para 5)

"Reopening the question of inter se seniority on the basis of non-enforcement of the rules from the very beginning may create hardship and that would be difficult to mitigate but we see no justification as to why the benefit of the scheme under the rules should not be made available to direct recruits at least from 1982. When the State Government by rules duty framed prescribed the method of recruitment and put the scheme into operation it had the obligation to comply with it. The explanation offered by the State Government for non-compliance of the requirements of the rules does not at all impress us. We, therefore, direct that as on December 31, 1982, the State Government must ascertain the exact substantive vacancies in the category of Assistant Engineers in the service. On the basis that 371/2 per cent of such vacancies were to be filled up by direct recruitment, the position should be worked out Promotees should be confined to 621/2 per cent of the substantive vacancies and in regard to 371/2 per cent of the vacancies the shortfall should be filled up by direct recruitment General Rules shall not be applied to the posts within the limits of 371/2 per cent of the substantive vacancies and even if promotees are placed in those posts, no seniority shall be counted. The State Government shall take steps to make recruitments of the shortfall in the direct recruitment vacancies within the limit of 371/2 per cent of the total substantive vacancies up to December 31, 1987 within four months from today by following the normal method of recruitment for direct recruits. The seniority list in the cadre of Assistant Engineers shall be redrawn up, as directed by the Tribunal, by the end of September 1988, keeping the directions referred to above in view. There shall be a direction issued to the State of Andhra Pradesh to make recruitment to the category of Assistant Engineers by strict compliance of Special Rules henceforth."

3. The State Government came forward to implement the direction and published the draft seniority list drawn up on the basis of discussed guidelines. Keeping the directions in view the draft list placed the 1982 direct recruits from serial Nos. 234 to 269 without disturbing promotees up to serial No. 233 and the remainder of promotees given promotion prior to 1982 were placed against serial Nos. 270 to 300.

4. Writ Petition No. 369 of 1989 - C. Radhakrishna Reddy v. State of A.P.{1990 Supp SCC 577} - had earlier raised the same dispute. By judgment dated November 10, 1989, while dismissing the said writ petition a two Judge bench of this Court said : (SCC, p. 578)

"In Siva Reddy case this Court found that promotees had exceeded the quota and even got regularised in respect of the posts in excess of the limit. Taking into co