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1994 Supreme(SC) 1170

B.L.HANSARIA, KULDIP SINGH
Government Of Andhra Prades – Appellant
Versus
Balamusalaiah – Respondent


Advocates:
A.Raghuvir, G.Prabhakar, PUNAM KUMARI, S.MURALIDHARAN, Shomona Khanna, T.V.S.N.Chari

B.L. HANSARIA, J.- The present is an unusual case despite it being related to the usual demand of reservation for Scheduled Castes and Scheduled Tribes. The peculiarity lies in the fact that the demand for reservation herein is not related to appointment, but is relatable to termination.

2. The Government of Andhra Pradesh issued an order (hereinafter referred to as the GO) on 3-8-1967 by which an ad hoc rule was framed in exercise of powers conferred by Article 309 of the Constitution prohibiting termination of reserved category candidates following normal rule applicable in such cases. The GO spells out in what order retrenchment of temporary employees has to take place. The order set out is as below:

"First - Persons, other than those belonging to the Scheduled Castes and the Scheduled Tribes, appointed temporarily, in the order of juniority;

Second - Probationers, other than those belonging to the Scheduled Castes and the Scheduled Tribes, in the order of juniority;

Third - Approved probationers, other than those belonging to the Scheduled Castes and the Scheduled Tribes, appointed temporarily in the order of juniority;

Fourth - Persons belonging to the Scheduled Castes and the Sche












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