Andhra Pradesh High Court
Judges : J.CHELAMESWAR, MOTILAL B.NAIK
V.VINOD RAO - Appellant
Versus
Government Of A.P., REVENUE DEPARTMENT - Respondent
Decided On : 11-27-98
Constitution of India – Petitioners are erstwhile part-time Village Officers – Challenging the said Ordinance, the petitioners herein and several others filed a batch of Writ Petitions before this Court – At the time of hearing of those batch of Writ Petitions, the then learned Advocate General produced an Assurance Letter issued by the Government giving an undertaking to appoint/absorb the eligible Village Officers in the Revenue department as Village Assistants – Subsequently, the Government issued g. Ovacancies of Village assistants for absorption of eligible Village Officers as Village Assistants –Held, Court are convinced, having regard to the facts and circumstances of the case, this is a fit case where the High Court could come to the aid of the petitioners by exercising the jurisdiction under Article 227 of the Constitution of India against the action of the A. P. Administrative-Tribunal-7th respondent –PETITIONERS have not only sought a direction from this Court declaring the action of the A. P. Administrative Tribunal-7th respondent in refusing to pass an interim order as illegal, unjust but also sought a consequential direction to the respondents to retain and continue these petitioners in the same category of Junior Assistants by setting aside G. O. Ms. No. 402, issued by the second respondent – whether this Court could examine the validity of G. O. Ms. No. 402 issued by the second respondent and direct the respondents to retain and continue the petitioners as Junior Assistants in revenue Department? –Writ Petition is disposed of
( 1 ) ALL these petitioners are erstwhile part-time Village Officers. The post of part-time Village Officer was abolished by the Government of Andhra Pradesh by issuing an Ordinance, with effect from 6-1-1984. In pursuance of the said ordinance No. l of 1984, about 37,000 posts of part-time Village Officers stood abolished. Challenging the said Ordinance, the petitioners herein and several others filed a batch of Writ Petitions before this Court. At the time of hearing of those batch of Writ Petitions, the then learned Advocate General produced an Assurance Letter dated 10-1-1984 issued by the Government giving an undertaking to appoint/absorb the eligible Village Officers in the Revenue department as Village Assistants. Subsequently, the Government issued g. O. Ms. No. 1048 dated 11-09-1985 creating 4,800 vacancies of Village assistants for absorption of eligible Village Officers as Village Assistants.
( 2 ) WHILE so, the Andhra Pradesh Public Service Commission (APPSC)conducted recruitment to the posts of Junior Assistants all over the State. Pursuant to selections, attempts were made by the Government to appoint such of those candidates who were selected by the APPSC in the year 1982 as Village Assistants in the Revenue Department, though the posts of Village assistants were created purely for the purpose of absorption of erstwhile village Officers only.
( 3 ) ON the basis of the undertaking letter dated 10-1-1984 produced by the then Advocate General before this Court, those batch of Writ Petitions was disposed of. Some candidates, aggrieved by the judgment of this Court in the said batch of Writ Petitions, have preferred a Special Leave Petition before the Supreme Court. In the meantime, the Government of A. P. , sought to fill up the posts of Junior Assistants in the Revenue Department with the candidates selected by the APPSC in the year 1982 and 2300 candidates were also appointed. Aggrieved by the said appointments, petitioners and similarly placed persons moved the Supreme Court by filing W. P. No. 13798 of 1994 and batch. Initially, the Supreme Court granted stay of all further proceedings by an order dated 29-8-1994. Pursuant to the stay granted by the Supreme court, the rest of the vacancies were kept vacant from out of 4800 posts created for accommodating the erstwhile part-time Village Officers. The Supreme court finally disposed of the SLPs by an order dated 27-3-1985, as a result of which, the petitioners and similarly placed persons were appointed in the revenue Department as Village Assistants.
( 4 ) WHILE making appointments to the posts of Village Assistants, it is stated by the Government that the Ad Hoc Rules issued in G. O. Ms. No. 1056, dated 12-09-1985 are applicable to the services of Village Assistants. Under the said rules, a District Selection Committee is constituted and in pursuance of the said Rules, the Government issued a notification calling for applications for the posts of Village Assistants. Questioning the same, W. P. Nos. 12620 of 1985 and batch was filed on the ground that the erstwhile Village Officers cannot be subjected to fresh selection by the District Selection Committee and also on the ground of fixing the age limit. This Court disposed those Writ Petitions by an order dated 4-2-1986 holding that the Ad Hoc Rules have no application insofar as the requirement of erstwhile Village Officers is concerned, however, upholding the age limit prescribed in the said notification. The matter was again carried to the Supreme Court in SLP Nos. 846 and 1804 of 1987. The supreme Court disposed of the said SLPs by an order dated 8-5-1987 holding that the erstwhile Village Officers shall not be subjected to the selection and the age limit prescribed by the Rules is also invalid having regard to the undertaking given by the Government.
( 5 ) PURSUANT to the judgment of the Supreme Court dated 8-5-1987, thegoverrunentissuedg. O. Ms. No. 789 dated 18-8-1987directing the respond
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