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2017 Supreme(AP) 42
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
V. RAMASUBRAMANIAN, G. SHYAM PRASAD, JJ.
Raju Mudigiri & Others – Appellants
Versus
The State of Telangana, represented by its Principal Secretary, Agriculture and Co-operation, Telangana Secretariat & Others – Respondents
Writ Petition Nos. 41724, 41796, 44564, 44276 of 2016 & WPMP. No. 55493 of 2016, 55822 of 2016
Decided On : 05-01-2017
Headnote:Constitution of India---Articles 226,309 --- Andhra Pradesh Reorganisation Act, 2014---Section 101---present writ petitions were filed by Contract employees challenging Orders of Government of Telangana directing recruitment, by relevant recruiting agencies ---If all persons, who aspire to get into Government service, are subjected to a uniform procedure of selection, no candidate can complain that his legitimate expectation was defeated by prescribing a uniform method of short listing candidates for selection based purely upon merit(para25)--- No Court has ever held that the prescription of a written test for selection of candidates for direct recruitment to Government service, offends the doctrine of legitimate expectation(para28)--- if a candidate who participated in the process of selection from the open market and a candidate who has worked as contract employee have secured equal marks in the written examination and both of them come within the zone of consideration, a preferential treatment may be given to the person who had already rendered service as a contract employee(para35).Writ petitions dismissed.
V. Ramasubramanian, J.
1. The petitioners in all these writ petitions have been working on contract basis either as Agriculture Officers or as Agriculture Extension Officers or as Horticulture Officers. They have come up with the present writ petitions either challenging a Government Order in G.O.Ms.No.108 Finance (HRM-I) Department dated 27-07-2015 and/or challenging certain notifications viz., Notification No.11/2015 dated 05-09-2015 or Notification No.19/2015 dated 30-12-2015 or Notification No.4/2016 dated 30-04-2016, apart from seeking various other consequential or alternative reliefs.
2. Heard Mr. J. Sudheer, learned counsel for the petitioners, Mr. Sharat Kumar, learned Special Government Pleader (Telangana) and Mr. M. Prahastha, learned counsel for the parties who seek to implead themselves as party respondents.
3. It appears that in the combined State of Andhra Pradesh, the procedure of selection for direct recruitment to the post of Agriculture Officers as stipulated in G.O.Rt.No.131, dated 10-02-2015 was as follows:
Marks:
The formula in marking procedure shall be 75:10:15, merit, seniority, and experience respectively.
O.G.P.A 75 marks (OGPA 2.00 will be awarded with 55marks and one mark for every 0.1
increase over 2.00 Overall Grade
Point Average
Seniority 10 marks @ One mark per year from the year of passing (for completed year)
Experience 15 marks @ 4 marks per year for satisfactory Service rendered as A.O./ Agricultural Consultant (ANTWA). Multi Purpose Extension Officer (M.P.E.O) on contract basis in the Dept. of Agriculture subject to a maximum of 15 marks. The service certificate should be issued by the J.D.A. of the concerned district. The service rendered on contract basis in the Agriculture Department in different spells shall be COMPUTED for arriving total period of experience in years and thereafter any part of the year shall be treated as nil.
Disincentive (i) Deduction of one mark for every semester/trimester taken to complete the course. Deduction of three marks for graduates who pass from colleges having 3 years course.
(ii) Deduction of one mark for all cases wherein the candidates have appeared for re-exams under regulation 9.1 (b) of Regulations
governing under graduate courses (APAU) ANGRAU.
The above procedure stipulated in G.O.Rt.No.131, Agriculture & Cooperation (AGRI.IV) Department dated 10-02-2015 was slightly modified under G.O.Rt.No.362, dated 23-04-2005 as follows:
In the said G.O., under the heading Marks for the entries against sub-heading Experience the following shall be substituted, namely:-
15 marks @ 1 mark per every completed period of 3 months experience of satisfactory service rendered as A.O./Agricultural Consultant (ANTWA), Multy Purpose Extension Officer (M.P.E.O.) on contract basis in the Dept. of Agriculture, subject to a maximum of 15 marks. The service certificate should be issued by the J.D.A. of the concerned district. The service rendered on contract basis in the Agriculture Department in different spells shall be COMPUTED for arriving total period of experience in three months completed periods and thereafter any part of the three months i.e. less than three months shall be treated as nil.
4. Subsequently by G.O.Ms.No.173 Agriculture and Cooperation (FP.I) Department, dated 07-07-2009, a revised procedure for selection was issued to the following effect:
1. Over all Grade Point average 100 marks 10 Scale of Overall Grade Point Average is denoted directly and the corresponding percentage of marks be directly considered for ranking rather than changing with conversion formula as reflected in the certificate.
2. Seniority 10 marks @ one mark per year from the year of passing (for completed year)
3. Experience 15 marks @ 4 marks per year for Satisfactory service rendered as Agricultural Officer/ Agricultural Consultant (Andhra Pradesh & Netherlands Training of Women in Agriculture ANTWA), Multi Purpose Extension Officer (MPEO) on contract basis in the Department of Agriculture, su
