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V.V. Sarma and ors. Vs. State of Andhra Pradesh and ors. - Court Judgment

LegalCrystal Citation
SubjectService;Constitution
CourtAndhra Pradesh High Court
Decided On
Case NumberWrit Petn. Nos. 607 and 938 of 1967
Judge
Reported inAIR1969AP118
ActsConstitution of India - Articles 16, 226, 309, 311, 311(2) and 399; Hyderabad State and Subordinate Services Rules - Rule 37
AppellantV.V. Sarma and ors.
RespondentState of Andhra Pradesh and ors.
Appellant AdvocateD. Narasaraju, Adv. for ;K. Raghav Rao, Adv. and ;K.R. Swamy, Adv.
Respondent AdvocateT. Dhanurbhanudu, Adv. and ;Principal Govt. Pleader
Excerpt:
constitution - administrative convenience - articles 16, 226, 309, 311, 311 (2) and 311 of constitution of india and rule 37 of hyderabad state and subordinate services rules - two writ petitions one seeking implementation and other seeking non implementation of go ms. no. 179 - go in question provides for combined seniority list after merger of technical and non-technical departments of tate - demolition or reduction in rank of petitioners will result consequence of joint seniority list - held, impugned go is in violation of provisions of constitution and cannot be implemented. - .....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 wit 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.....
Judgment:
ORDER

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 wit 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 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-Technical 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 followings.

From the Chief Engineer (Projects and Board) Lr. No. Adm. Roc. 156- P5/59-99, dated 13-12-1965.


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