Andhra Pradesh High Court
Judges : MOTILAL B.NAIK, S.ANANDA REDDY
Y.Prakasham - Appellant
Versus
Deputy Inspector General of Registration and Stamps, Visakhapatnamc - Respondent
Decided On : 02-23-00
Service Laws – Promotions – Procedure Adopted Questioned – Petitioners seek a Writ of Certiorari calling for records relating to the proceedings on file of the 1st respondent and seek to set aside the same and consequently seek a direction to the 1st respondent to continue the petitioners as sub-Registrars, Grade-II with all benefits and pass such other orders in the circumstances of the case – Held, It is in clear violation of principles of natural justice and also in violation of the rules prescribed under the State and Subordinate Service rules as none of these petitioners were parties before the Tribunal in O. A. nor the 1st respondent has made efforts to examine whether the ratio laid down by the Supreme Court in Sabharwal case could be made applicable to the facts of this case – APAT, before whom the order of reversion issued by the 1st respondent against these petitioners was questioned in the O. A., failed to decide the matter on merits, but disposed of the matter on the basis of the oral representations made by the Government pleader and the Counsel for the unofficial respondents, without going into the merits of the contentions – Court is convinced, the order of the APAT in O. A. cannot be sustained and it is accordingly set aside – Writ Petition Allowed
( 2 ) ACCORDING to the petitioners, the first petitioner was initially appointed as Sharaff in the year 1982, later promoted to the posts of Junior Assistant and Senior Assistant in the years 1985 and 1990 respectively. He was further promoted to the post of sub Registrar, Grade II in the year 1995 in the panel vacancy. The second petitioner was initially appointed as Temporary Section writer in the year 1979 and promoted to the posts of Junior Assistant and Senior assistants in the years 1990 and 1992 respectively. He was promoted to the Post of Sub-Registrar, Grade II in the backlog vacancy reserved for Scheduled Caste candidates in the year 1998. The third petitioner was initially appointed as Section writer in the year 1975 and later promoted to the posts of Junior Assistant and Senior assistant in the years 1982 and 1992 respectively. He was further promoted to the post of Sub-Registrar, Grade II in the backlog vacancy in the year 1997. Thus all these petitioners have been working presently as Sub-Registrars, Grade II, on being promoted in the panel/backlog vacancies.
( 3 ) THEIR main grievance is that by proceedings No. E1/1223/a/98-1, dated 26-11-1999, the first respondent reverted them as Senior Assistants on the premise that they are excessive to the quota reserved for Scheduled Caste candidates and also relying on a judgment of the Andhra pradesh Administrative Tribunal (for short apat) in O. A. No. 3659 of 1996. All the petitioners immediately moved the APAT by way of presenting O. A. No. 7099 of 1999 assailing the order of their reversion issued by the 1st respondent on various grounds. The petitioners also sought interim suspension of the order issued by the 1st respondent pending disposal of the O. A. However, the APAT disposed of the O. A. with the following direction:-"in view of the facts and circumstances of the case and also the submissions made,as the reversion orders have been effected in pursuance of the judgment in O. A. No. 3659/96, dated 22-7-1998 and as the unofficial respondents who have been promoted, have joined duties, the applicants are not entitled for any interim relief of suspension of the impugned orders. As it is contended by the learned Counsel for the applicants that there are still some vacancies in Scheduled Caste quota, the official respondents are directed to consider the claims of the applicants in case there are backlog vacancies in scheduled Caste category as per the cadre strength. The O. A. is disposed off accordingly. "it is this decision, which is assailed before us on various grounds.
( 4 ) WE have heard Shri Tarakam, learned senior Counsel appearing along with Shri J. Satyaprasad, for the petitioners and the learned Government Pleader for Services-II for the 1st respondent and also Shri j. R. Manohar Rao, learned Counsel for respondents 2 to 4 (unofficial respondents ).
( 5 ) IT is submitted by Shri Tarakam, learned Senior Counsel, on behalf of the petitioners that these three writ petitioners were initially appointed in various categories and later were promoted to the post of Sub-Registrar, Grade II, in the years 1995,1998 and 1997 respectively as per the roster, the vacancies meant for the candidates from Scheduled Caste. The counsel stated that the first petitioner was promoted to the post of Sub-Registrar, grade II in the year 1995 in the panel vacancy while the petitioners 2 and 3 were promoted to the post of Sub-Registrar, grade II in the years 1998 and 1997 respectively in the backlog vacancies meant for Scheduled Caste candidates as per the roster. The learned Counsel stated that th
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