Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1969 Supreme(Online)(AP) 17

ANDHRA PRADESH HIGH COURT
Satyanarayana Raju, J
Sarma V. V. and Others v. State of A. P. and Others
W.P. No. 607 of 1967 | W.P. No. 938 of 1967

Advocates:
For the Appellants/Petitioners: Mr. Narasaraju, Mr. Dhanurbhanudu
For the Respondents: Government Pleader

Accrued employment rights cannot be retrospectively affected by administrative orders without proper procedure, especially for approved probationers.

Headnote:(A) Constitution of India - Article 311(2) - Writ of Mandamus - Petitioners are approved probationers in the category of Superintendents. The Government's G.O. affecting their seniority and vested rights constituted a violation of their statutory rights - Past rights established cannot be retrospectively altered. (Paras 11, 14, 17).

(B) Employment Rights - Review of seniority lists cannot adversely affect rights accrued unless proper procedures are followed that ensure equity and justice. (Paras 3, 12, 16)

Facts of the case:
The petitioners seek to restrain the Government's G.O. impacting their status as approved probationers after prior promotions and regularizations.

Findings of Court:
The petitioners cannot have their seniority or promotions impacted retrospectively by the G.O.

Result: W.P. No. 607 of 1967 allowed with costs; W.P. No. 938 of 1967 dismissed.

Table of Content
1. challenge against a g.o. impacting staff classification and seniority. (Para 1 , 2 , 3)
2. arguments regarding the retrospective implementation of the g.o. and its legality. (Para 4 , 5 , 6)
3. court's observations on accrued rights and implications of g.o. on such rights. (Para 7 , 8 , 10 , 11 , 15)
4. court's decision on petitioners' entitlement based on approved probation. (Para 12 , 14 , 17)
5. conclusion of the court allowing one petition and dismissing another. (Para 18 , 23)

1. W. P. No. 607 of 1967 has been filed by three petitioners seeking a writ of Mandamus to restrain the Government from implementing the G. O Ms No. 179 Public Works Department D/- 2-2-1966 in so far as it relates to them. W. P. No. 938 of 1967 has been filed by three petitioners seeking a writ of Mandamus to direct the respondents 1 and 2 to implement the G. O. Ms. No. 179, Public Works Department dated 2-2-1966 and the petitioners in W. P. No. 607 of 1967 have been made respondents 3 to 5 in this writ petition. It will be convenient to deal with the two writ petitions separately.

2. W. P. No. 607 of 1967: The Electricity Department had two wings (1) Office of the Chief Engineer, Electricity (Projects and Board) and (2) Office of the Chief Electrical Inspector to Government. By an appropriate order dated 14-8-1957, the post of the Chief Electrical Inspector to Government was merged with the post of the Chief Engineer, Electricity. These two wings had separate non - technical staff functioning as separate units. As a measure of policy, the Government of Andhra Pradesh decided to merge the non - technical staff of the Electrical Inspectorate with the office of the Chief Engineer (Projects and Board) with effect from 14-8-1957 and have issued G. O. Ms. No. 179, Public Works Department, dated 2-2-1966. The G. O. is in these terms :
Government of Andhra Pradesh
Abstract
Electricity Department - Establishment - Chief Electricity Inspector to Government - Merger of Non - Techincal Staff with staff of the office of the Chief Engineer, Electricity (Projects and Board) - Orders - Issued.
Public Works Department.
G. O. Ms. No. 179.
Dated 2-2-1966
Read the following :
From the Chief Engineer (Projects and Board) Lr. No. Adm. Roc. 156 - P5/59-99, dated 13-12-1965.
ORDER : The Office of the Chief Electrical Inspector to Government continued to be a separate unit after 1-11-1956 and was under the control of an independent Officer. Subsequently, on 14-8-1957 the post of Chief Electrical Inspector to Government was merged with the post of the Additional Chief Engineer for Electricity. Consequently, the Additional Chief Engineer for Electricity was empowered to function as Chief Electrical Inspector to Government. Later on, on the abolition of the post of Additional Chief Engineer, the functions of Chief. Electrical Inspector to Government and the Chief Engineer, Electricity, were combined in one and the same officer and this position continues till now. In these circumstances, it is considered that there is no need to keep the non - technical staff of the Electrical Inspectorate as a separate unit, and accordingly the Government accept the recommendations of the Chief Engineer, Electricity (Projects and Board) and direct that the non - technical staff of the Electrical Inspectorate be merged with the staff in the main office of the Chief Engineer (Projects and Board) with effect from 14-8-1957.
2. The combined inter se seniority list of the two offices as on 14-8-1957, as approved by the Government is appended to this order.
3. The Chief Engineer (Projects and Board) is requested to review all the promotions, confirmations etc., made by him from 14-8-1957 on the basis of the combined list approved in para 2 above. (By order and in the name of the Governor of Andhra Pradesh)
N. K. Seth,
Deputy Secretary to Government."

3. The petitioners challenge the legality and justice of the above G. O.

4. Mr. Narasaraju, the learned counsel, has contended firstly, that the direct

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1969 Supreme(Online)(AP) 17

ANDHRA PRADESH HIGH COURTSatyanarayana Raju, JSarma V. V. and Others v. State of A. P. and OthersW.P. No. 607 of 1967 | W.P. No. 938 of 1967

Accrued employment rights cannot be retrospectively affected by administrative orders without proper procedure, especially for approved probationers.

Cases Referred (4)

ANDHRA PRADESH HIGH COURT
Satyanarayana Raju, J
Sarma V. V. and Others v. State of A. P. and Others
W.P. No. 607 of 1967 | W.P. No. 938 of 1967