S.P. BADRINATHversusGOVT. OF A.P. AND ORS. ETC. ETC.

A                               S.P. BADRINATH
                                          V.

                     GOVT. OF A.P. AND ORS. ETC. ETC.

                              SEPTEMBER 16, 2003

B        [V.N. KHARE CJ, BRIJESH KUMAR AND S.B. SINHA, JJ.]

         Service Law:

         Andhra Pradesh Ministerial Service Rules, 1966:

C         R.23-Promotion-Criterion-Passing of certain examination-
    Seniority-Senior Accountant, in Chief Electrical Inspectorate earlier
    called the Electricity Department-Promoted as Senior Assistant subject
    to his passing of the Accounts test for Subordinate Officers Part I within
    a period of two years-He passed the test after expiry ofthe said period-
D   His seniority and further promotion as Superintendent challenged--
    Tribunal held that since the appellant did not pass the requisite examination
    he was junior to the respondents-Held, the date of the passing of the
    examination would be the date for the purpose of reckoning the seniority
    of the employees concerned vis-a-vis the other employees-Undisputedly
E   services of the appellant were governed by the Rules-Electricity
    Department of the State is one of the Departments specifically mentioned
    in the Rules which provide that passing of the Accounts Test for
    Subordinate Officers Part I is an essential qualification for holding the post
    of Senior Assistant-Appellant was not entitled to be shown as senior to
F   the respondents.

        CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 7633-
    7635 of 1997.

         From the Judgment and Order dated 24.4.96/27.4.96 of the Andhra
G Pradesh Administrative Tribunal, Hyderabad in O.A. No. 2345, 5321 and
    5454 or 1995.

        G.R.K. Prasad and Mohd. Wasay Khan for S.U.K. ·sagar for the
    Appellant.

H        Rajiv Talwar, T.V. Ratnam and K. SubQa Rao for the Respondents.
                                         872
                  S.P.BADRINATH v. GOVT. OF A.P.                      873

     The following Order of the Court was delivered :                        A
       The short question that arises for consideration in the present appeals
is as to whether passing of the Accounts test for the post of Senior Assistant
was a pre-requisite. the contention of the appellant is that since the Andhra
Pradesh Ministerial Service Rules, 1966 did not apply to the Department B
of Chief Electrical Inspectorate, the said condition is not applicable in his
case.

      The appellant was appointed in the year 1984 as Junior Assistant
under the Chief Electrical Inspectorate. It is relevant to mention here that
prior to the year 1970, the Chief Electrical Inspectorate was called 'the C
Electricity Department', headed by the Chief Engineer. After constitution
of the Andhra Pradesh Electricity Board, the Electricity Department
became 'the Chief Electrical Inspectorate' headed by the Chief Electrical
Inspector in place and instead of the Chief Engineer. On 12th November,
1987 the appellant was promoted as a Senior Assistant subject to his D
passing the Accounts test within a period of two years. The appellant
passed the said examination after expiry of the said period of two years.
He was, however, promoted to the post of Senior Assistant on I 0th
December, 1989. In the year 1995 the appellant was promoted as a
Superintendent.
                                                                             E
      It is at this stage the respondents herein challenged the promotion and
seniority of the appellant before the Andhra Pradesh State Administrative
Tribunal. The Tribunal disposed of the O.As. and held that since the
appellant did not pass the requisite examination, therefore, he was junior
to the respondents herein. It is against the said judgment of the Tribunal, F
the appellant is in appeal before us.

     While entertaining these petitions, this Court granted leave confined
to direction No. 13(c) of the order of the Tribunal, which runs as
under:
                                                                             G
         "13(c) While preparing the seniority list of Senior Assistants, the
         relevant criteria among others, to be applied are that passing
         of Accounts Test for Subordinate Officers Part-I is necessary
         for promotion to the rank of Senior Assistant from Junior
         Assistant."                                                         H
    874                   SUPREME COURT REPORTS [2003] SUPP. 3 S.C.R.

A       It is not in dispute that the services of the appellant were governed
  by the Andhra Pradesh Ministerial Service Rules, 1966. Rule 23 of the said
  Rules provide for special qualifications required to hold certain posts.
  Electricity Department of the State of Andhra Pradesh is one of the
  Departments specifically mentioned in the said Rules. It has been provided
B therein that passing of the Accounts Test for subordinate officers Part I is
                                                                                    -
  an essential qualification for holding the post of Senior Assistants. It is not
  the case of the appellant herein that the Chief Electrical Inspectorate at any
  point of time ceased to be a Department under.the Government of Andhra
  Pradesh or by reason of creation ofChiefElectrical Inspectorate in the State
C in place of the Department of Electricity, the service conditions of the
  appellant were no longer governed under the Andhra Pradesh Ministerial
  Service Rules. In that view of the matter, there cannot be any doubt
  whatsoever that the said Rules were applicable in the case of the appellant
  throughout. Only because at a later stage a notification was issued by the
  Government of Andhra Pradesh to the effect that the Head of the Chief
D Electrical Inspectorate shall be the Chief Engineer in place of Chief
  Electrical Inspector; the same by itself would not mean that the Andhra
  Pradesh Ministerial Service Rules and in particular Rule 23 aforementioned,
  had specifically been made applicable in case of the employees of the Chief
  Electrical Inspectorate only thereafter. Once it is held that the office of the
E Chief Electrical Inspector or the Chief Engineer, as the case may be, was
  a Department of the Government of Andhra Pradesh, Rule 23 must be held
  to be applicable. In that view of the matter, the judgment of the High Court
  cannot be faulted, inasmuch as the date of passing of the examination
  would be the date for the purpose of reckoning the seniority of the
F employees concerned vis-a-vis the other employees. In that view of the
  matter, the appellant was not entitled to be shown as senior to the
  respondents.

         In view of the above, the appeals are dismissed. There shall be no
    order as to costs.
G
    R.P.                                                    Appeals dismissed.