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1987 Supreme(AP) 692

Andhra Pradesh High Court
Judges : A.LAKSHMANA RAO, K.BHASKARAN, Y.V.ANJANEYULU
A.P.Village Officers Assocn - Appellant
Versus
Government Of A.P. - Respondent
W.P.No.13208/87 etc.
Decided On : 11-27-87
Advocates Appeared :
Mr. S. Ramachandra Rao

Headnote:CONSTITUTION OF INDIA - Art 371-D (7) and AP Administrative Tribunal Order Para 14 (2) - Writ Petition filed by erstwhile Village Officers in High Court for issue of a writ to Government to implement final Order of Supreme Court relating to their absorption into service – High Court has power to issue a writ

       Held : Clause (7) of Art371-D of the Constitution does not oust the jurisdiction of the High Court to deal with matters which do not fall within the exclusive jurisdic1ion, power or authority of the Administrative Tribunal, and Paragraph-14 (2) of the Presidential Order excludes from the purview of the jurisdiction, power and authority of the Tribunal Proceedings in relation to matters already dealt with by the High Court or the Supreme Court

       WPs Allowed

K. BHASKARAN, C. J.

( 1 ) THESE writ petitions are for the issue of a writ of Mandamus directing the respondents (the Government of Andhra Pradesh represented by its Revenue Secretary, and the Commissioner of Land Revenue, Government of Andhra Pradesh) to forthwith implement the direction given by the Supreme Court in the judgement in SLP Nos. 846 and 1804 of 1987 dated 8-5-1987 (reported in AIR 1987 SC 1467) as reiterated by the orders of that Court dated 11-8-1987 by absorbing all the qualified erstwhile part-time village officers in the post of village assistants. One of the writ petitions (W. P. No. 13515/87) wherein similar relief was sought having been dismissed by the judgement dated 24-9-1987 : reported in (1987) 2 APLJ (HC) 351 the writ appeal has been preferred. The point for decision being the same in all these writ petitions and the writ appeal, they were heard together and are being disposed of by this common judgement.

( 2 ) AS a result of the coming into force of the Andhra Pradesh Abolition of Part-time Village Officers Ordinance (Ordinance No. 1 of 1984), all the part-time village officers in the State of Andhra Pradesh lost their employment with effect from January 6, 1984. This Ordinance was followed by a series of Ordinances; and was ultimately replaced by the Andhra Pradesh Abolition of Posts of Village Officers Act (Act 8 of 1985) ( the Abolition Act ). The Ordinance and the Act were challenged in this court and the Supreme Court. The Supreme Court by the judgement dated 27-3-1985 in T. Venkata Reddy s case AIR 1985 SC 724 upheld the constitutional validity of the provisions of the Act abolishing the posts of the part-time village officers. Thereafter, the Government in exercise of the powers under Sub-Section (5) of Sec. 4 of the Abolition Act sanctioned by G. O. Ms. No. 1048 (Revenue H) Department dated 11-9-85 the creation of 4,800 posts of village assistants in the Revenue Department for a period of one year from the date of appointment. This was followed by G. O. Ms. No. 1056, Revenue (H) Department, dated 12-9-1985, framing Ad hoc Rules for making appointments created in that G. O. (dated 11-9-1985 ). The Commissioner of Land Revenue issued notification dated 25-10-1985 in newspapers inviting applications to a competitive examination of S. S. C. standard to be conducted on 25-2-1986 for drawing up the lists of candidates for appointment to the posts of village assistants. W. P. No. 5786/85 and batch were filed in this Court for the issue of a writ of mandamus directing the Government to act upon the undertaking given by it before the Supreme Court in Venkata Reddy s case (supra), and to fill up the posts of village Assistants by educationally qualified persons having passed Matriculation or its equivalent, allowing such of those village officers who had not attained the age of superannuation to continue in service till they attained the age of 58 years. By the judgement dated 4-2-1986 (reported in 1986 Lab IC 1046), a Division Bench of this Court disposed of the writ petitions granting substantial relief to the petitioners; though the right to have the posts of village assistants to be absorbed by the erstwhile part-time village officers was upheld, that right was restricted to those who had the educational and age qualifications who were found physically fit and who had not incurred any punishment during the time they were in office. The Special Leave Petitions Nos. 4417 to 4447/86 filed by the State against that judgement (dated 4-2-1986) were dismissed by the Supreme Court by the order dated 29-4-1986. Thereafter, on October 7, 1986, the Government amended Rule 3 of the Ad hoc Rules adding a proviso thereto which reads as follows :"provided that the initial recruitment to the posts shall be made from the erstwhile holders of the posts of part-time village officers who have the requisite age and educational qualifications as prescribed in the Andhra Pradesh Abolition of Posts of Part-time Village










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