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2007 Supreme(SC) 644

P.K.BALASUBRAMANYAN, A.K.MATHUR
P. Sudhakar Rao – Appellant
Versus
U. Govinda Rao – Respondent


J U D GM E N T

A.K. MATHUR, J.—

1.These appeals are directed against the Full Bench decision of the High Court of Andhra Pradesh in Writ Petition Nos.5922 & 6360 of 1999 by which the Full Bench has set aside the order of the Andhra Pradesh Administrative Tribunal at Hyderabad. Hence, the present appeals.

2.Shorn of detailed facts, principal question arises for our consideration is the validity of the rule by which retrospective seniority benefit was given to the Junior Engineers by G.O.Ms. No.54 Irrigation (Service IV-2) dated 15.2.1983. Relevant amendment which is the subject matter of present controversy reads as under :

“ In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Andhra Pradesh hereby makes the following amendments to the Special Rules for the Andhra Pradesh Engineering Service, issued in G.O.Ms. No.285 PWD, dated 22.2.1967 and as subsequently amended from time to time”.

2.The amendments hereby made shall be deemed to have come into force from the 28th February, 1972.

AMENDMENT

In the said Special Rules :

(a)In Rule 2, the entry in column 2 of the Table against category-6 Junior Engineers, shall be lettered as C



































































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