A.G.SAINATH REDDY vs GOVT.OF A.P. Supreme Court, 28-02-2003

CourtSupreme Court (India)
JudgeDORAISWAMY RAJU,ARIJIT PASAYAT
Parties A.G.SAINATH REDDYGOVT.OF A.P..
Docket NumberC.A. No.-012578-012582 / 1996
Date28 February 2003
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 6
CASE NO.:
Appeal (civil) 12578-12582 of 1996
PETITIONER:
A.G. Sainath Reddy
RESPONDENT:
The Govt. of A.P. and Ors.
DATE OF JUDGMENT: 28/02/2003
BENCH:
DORAISWAMY RAJU & ARIJIT PASAYAT
JUDGMENT:
J U D G M E N T
ARIJIT PASAYAT, J
Challenge in these appeals is to the order passed by
the Andhra Pradesh Administrative Tribunal at Hyderabad (in
short ’the Tribunal’). The controversy lies within a very
narrow compass i.e. the date of seniority of the appellant
and, therefore, a brief reference to the factual aspects
would suffice.
Appellant joined as Welfare Officer in Andhra Pradesh
Jails Department on 8.9.1978. He completed his probation on
5.10.1981. On 16.6.1983, nine posts of Deputy Superintendent
of Jails were notified to be filled up and on 25.8.1983 an
advertisement was issued by a requisite Gazette Notification
by the Andhra Pradesh Public Service Commission (in short
the ’Commission’) for filling up the aforesaid vacancies by
direct recruitment. Five years’ service is required for an
employee other than a direct recruit to be eligible for
consideration for the said post. On 16.10.1984, 11 prisons
welfare officers and jailors were appointed as Deputy
Superintendents of Jails on ad hoc basis. Appellant joined
as Deputy Superintendent of Jails on 20.10.1984 on the
aforesaid ad hoc basis. The Commission conducted the written
examination in October 1985 and interviews were conducted in
October 1986. The results were declared in 1987. By
Government Order dated 17.12.1987, four persons were given
appointment, but only three joined. Subsequently, two
persons were appointed on 4.5.1988 and 19.6.1989. A
Government Order No. 595 dated 1.10.1990 was issued by the
Government where the date from which service as Deputy
Superintendent of Jails was to be regularised was indicated.
While the dates of regularisation for direct recruits were
indicated to be the date they joined, so far as the
appellant is concerned, it was indicated to be the date
when he had joined on ad hoc basis in 1984. This was
questioned by the direct recruits before the Tribunal. They
raised two contentions in the applications filed under
Section 19 of the Administrative Tribunals Act, 1985 (in

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