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2008 Supreme(SC) 367

K. G. BALAKRISHNAN, D. K. JAIN
GOVERNMENT OF ANDHRA PRADESH – Appellant
Versus
P. BHASKAR – Respondent


JUDGMENT:

K.G. BALAKRISHNAN, CJI.

1. Leave granted.

2. The Appeals arising out Special Leave Petition (C) Nos. 24667-24668 of 2005 are filed by the Government of Andhra Pradesh and the other Appeals are filed by the officers who were aggrieved by the decision of the Andhra Pradesh High Court in Writ Petitions Nos. 10604/2004 and 10965/2005. The writ petitioners in W.P. No. 10604/2004 filed OA No. 6246 of 1998 before the Andhra Pradesh Administrative Tribunal, Hyderabad (for short "the Tribunal") contending that they should be declared as seniors to the Deputy Collectors who were appointed on 9.12.1993, though they were appointed as Deputy Collectors on 9.12.1994.

3. The facts, in short, are as follows.

3.1. The appointment to the post of Deputy Collectors is governed by the Andhra Pradesh Civil Service (Executive Branch) Rules, 1992, framed under proviso to Article 309 of the Constitution of India. As per these Rules, 1/3rd of substantive vacancies in the category of Deputy Collectors have to be filled up by direct recruitment and 2/3rd of the vacancies by promotion from the feeder cadre of Tehsildars. Rule 22 of the Andhra Pradesh State and Subordinate Service Rules (hereinafter ref
































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