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AMARESWARI
Murad Khan – Appellant
Versus
District and Sessons Judge, Adilabad – Respondent


JUDGMENT :

1. This application is to quash the order of the District Judge, Adilabad dated 28th June, 1974 appointing respondents 2 to 8 to the post of selection Grade under the Last Grade Government services (Office Attenders and process servers).

2. There are two petitioners in this case. The 1st petitioner is senior to respondents 2 and 8 and the 2nd petitioner is senior to respondents 7 and 8. - It is admitted that the petitioners 1 and 2 to 8 are all governed by the Andhra Pradesh Last Grade service Rules. In fact, category 5 of the Andhra Pradesh Last Grade service Rules includes Process Attenders of the Judicial Department also.

3. The main complaint of the petitioners is that since the petitioners 1 and 2 are seniors to respondents 2 to 8 they are entitled to be appointed to the post of selection Grade as against the respondents 2 to 8 who are juniors to them. The petition is resisted by the learned Government pleader on the ground that appointment to selection Grade are governed by the rule relating to seniority cum-efficiency as contemplated under the state and Subordinate service Rules, where, under sub-rule (5) of Rule 46-A, appointment to the selection Grade shall be m

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