Skip to content


Mohammed Abdul Rasheed Khan Vs. State of Andhra Pradesh - Court Judgment

LegalCrystal Citation
SubjectService;Constitution
CourtAndhra Pradesh High Court
Decided On
Case NumberWrit Petn. Nos. 2067 and 2082 of 1966 and 60 and 244 of 1967
Judge
Reported inAIR1968AP364
ActsConstitution of India - Articles 226, 309, 311 and 320; States Reorganisation Act, 1956 - Sections 11, 115(5), 115(7) and 117; Andhra Pradesh State and Subordinate Service Rules - Rules 10, 37, 42 and 42(1); Hyderabad Cadre and Recruitment Rules - Rule 1; Hyderabad Civil Service Regulations - Rule 78
AppellantMohammed Abdul Rasheed Khan
RespondentState of Andhra Pradesh
Appellant AdvocateJalil Ahmed, ;S. Krishna and ;A. Subba Rao, Advs.
Respondent AdvocateAdv. General and ;Second Govt. Pleader
DispositionPetition dismissed
Excerpt:
service - promotion - articles 309 and 320 of constitution of india, sections 115 (5) and (7) and 117 of states reorganisation act, 1956 and rule 42 (h) (1) of andhra pradesh state and subordinate service rules - petitioners were working as 'tahsildars' - for the time being promoted as deputy collectors - promotions were not on basis of selection - petitioners cannot claim posts permanently - held, no irregularity in government order reverting petitioners to their prior posts. - .....central government may at any time before or after the appointed day give such directions to any state government as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this part and the state government shall comply with such directions,'2. soon after the formation of the state of andhra pradesh a great many problems concerning the integration of services confronted the government. one of the questions which the central government had to consider was which of the pre-existing conditions of service should be guaranteed to the telangana personnel, and in respect of which of the conditions of service the state government should have full freedom to make necessary changes. the central government after discussion with the representatives of the.....
Judgment:
ORDER

1. It is now a matter of history that the erstwhile State of Hyderabad ceased to exist and a part of its territory, popularly known as Telangana was transferred to the State of Andhra to form the State of Andhra Pradesh from 1-11 56.

Owing to reasons--social, economic, political and historical reasons, with which we are not now concerned it was thought desirable that the people of the Telangana region including the services, should have certain safeguards. Section 115 (5) and the proviso to Section 115 (7) and Section 117 of the State, lie-organisation Act are three such provisions intended to protect the interests of the 'Telangana Service Personnel'. Section 115 (5) and (7) are as follows: --

'(5) The Central Government may by order establish one or more Advisory Committees for the purpose of assisting it in regard to-

(a) the division and integration of the services among the new States and the States of Andhra Pradesh and Madras; and

(b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this section and the proper consideration of any representation made by such persons.

xx xx xx xx (7) Nothing in this section shall he deemed to affect after the appointed day the operation of the provisions of Chap. I of Part XIV of the Constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of the Union or any State: Provided that the conditions of service applicable immediately before the appointed day to the case of any person referred to in Sub-section (1) or Sub-section (2) shall not be varied to his disadvantage except with the previous approval of the Central Government.'

Section 117 runs:

'The Central Government may at any time before or after the appointed day give such directions to any State Government as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this part and the State Government shall comply with such directions,'

2. Soon after the formation of the State of Andhra Pradesh a great many problems concerning the integration of services confronted the Government. One of the questions which the Central Government had to consider was which of the pre-existing conditions of service should be guaranteed to the Telangana personnel, and in respect of which of the conditions of service the State Government should have full freedom to make necessary changes. The Central Government after discussion with the representatives of the Governments of various States addressed a letter No. 5/6/57-SR(S) dated 27-3-1967, to the Chief Secretary, Government of Andhra Pradesh. This letter was later incorporated in a Memorandum of the Government of India (No. S.O. SRD I-I A.P.M 57) addressed to all State Governments. The substance of the two communications was that conditions of service relating to substantive pay of permanent employees, certain types of special pay, leave rules, pension, provident fundand clearness pay should be protected, but not conditions relating to travelling allowance, discipline, control, classification, appeal, conduct, probation and departmental promotion. The Central Government was apparently of the view that it would not be appropriate to provide for any protection in the matter of travelling allowance, discipline, control, classification, probation and departmental promotion. Therefore, the Central Government told the State Government that they might, if they so desire, change Service Rules regarding these matters. The Central Government thus gave its previous approval as contemplated by Section 115 (7) to any alteration of conditions of service in respect of these matters. This is the view taken by the Supreme Court in Raghavendrarao v. Deputy Commr. (South Kanara), : [1964]7SCR549 . The contrary view taken by the Andhra Pradesh High Court in W.P. Nos. 853/1962 and 753/1963 must he deemed to have been overruled by the Supreme Court to the extent that it is in conflict with it. The fact that the Government of India gave its previous approval to the State Government to alter the conditions of service relating to certain matters did not, however, mean that the State Government could not give protection to the Telangana employees in respect of these matters if the State Government thought fit to do so. The State Government had full freedom in the matter of extending protection to the Telangana personnel even in respect of such matters. This the State Government proceeded to do by issuing G.O. Ms. No. 497, dated 7-4-1960 guaranteeing that the Telangana employees would be governed by the Hyderabad Cadre and Recruitment Rules for promotion up to one stage. G.O. Ms No. 497 reads as follows : 'The Government have examined the question of eligibility for promotion to next higher grade of employees of erstwhile Government of Hyderabad under the Statutory Hyderabad Cadre and the Recruitment Rules, in consultation with the officer deputed by the Government of India to advise the State Government on the problems relating to the integration of services, etc., and direct that all employees of the erstwhile Government of Hyderabad will be governed by the Hyderabad Cadre and Recruitment Rules for promotion after 1-11-1956. Subsequent promotions after one stage of promotion will, however, be governed by the rules for the respective.' State and Subordinate Services in Andhra. or the rules framed by the Government of Andhra Pradesh.

2. The above orders supersede to the extent necessary the orders contained in G.O. Ms. No. 151, General Administration (Services-A) dated 29-1-1957 (vide the orders on point (3) in para 1 of the G.O.). (By order and in the name of the Governor of Andhra Pradesh),BHARAT CHAND KHANNA, Deputy Secretary to Government.

3. The principle of this Government Order was reiterated in G.O. Ms. No. 319 dated 16-3-1961 and other subsequent G.O.Ms. culminating in G.O. Ms. No. 1374 dated 21-7-1965 by which Sub-rule (h) was added to Rule 42 of the Audhra Pradesh State and Subordinate Service Rules, Part II, General Rules. Rule 42 (h) (1) reads as follows:--

'(h) (1) Nothing in these rules or in the sub-rules shall disqualify or shall be deemed to have ever disqualified an employee of the erstwhile Government of Hyderabad who was allotted to the State of Andhra Pradesh under Section 115 of the States Reorganisation Act, 1956', for promotion or recruitment by transfer on or after the 1st November 1956, to a post one stage above that held by him prior to the said date, if in the opinion of the appointing authority such person would have been qualified for promotion or for appointment under the rules applicable thereto, had recruitment to such post been regulated by the last-mentioned rules.'

It is thus clear that the Government of Andhra Pradesh has guaranteed to the employees of the erstwhile Hyderabad Government that their promotions up to one stage would be regulated by the Hyderabad Cadre and Recruitment Rules and not by the rules in force in the Andhra State.

4. On 1-11-1956, the petitioners in ail the writ petitions, all Telangana employees, were working as Tahsildars. The petitioner in W.P. No. 2082 of 1966 was temporarily promoted as a Deputy Collector on 8-12-1959 and was continued as such. By 1965 he was drawing the maximum pay of a Deputy Collector. On 19-8-1966 he was also placed in additional charge of the post of Special Collector. The petitioners in W.P. Nos. 2067 of 1966, 60 of 1967 and 244 of 1967 were promoted temporarily as Deputy Collectors on 1-10-1957, 12-13-1960 and 30-3-1960, respectively. Several other Tahsildars belonging to both the Andhra and Telangana Regions were similarly promoted temporarily. All promotions from 1-11-1956 appear to have been made on a temporary basis as the Government had not evolved any final formula for adjusting the respective claims of Andhra and Telangana personnel for promotion. Soon the problem of regularising the temporary promotions was also engaging trip attention of the State Government. After consultation with the Government of India, the State Government ultimately decided to adopt one of the suggestions made by the Government of India and issued G.O, Ms. No. 2084 dated 30-11-1961 This G.O has been the subject-matter of great controversy and debate before me and I am therefore extracting it in full:--

'GOVERNMENT Of ANDHRA PRADKSH

Abstract.--Public Services -- State Services -- Andhra Pradesh Civil Service (Executive Branch) Recruitment by Transfer from among Tahsildars of both the regions and the Superintendents hi the offices of the Board of Revenue and Secretariat --Principles -- Orders issued.

REVENUE DEPARTMENT G.O. Ms. No. 20 dated 30th Nov. 1961. Read the following :--

(1) From the Board of Revenue (D) 1969 / 60, dated 24-5-1960.

(2) From the Board of Revenue (D) 1969/60 dated 24-6-1960.

(3) From the Board of Revenue (D) 1969/60 dated 1-10-1960.

(4) From the Government of India, Ministry of Home Affairs, Lr. No. 9/15/61-SR (S) dated 23-8-1961.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //