Rahmat Ali Vs. The Inspector of Registration and Stamps, Andhra Pradesh &
Ors  INSC 1047 (30
K.Ramaswamy, K.G.B. Pattanaik (J)
O R D
have heard learned counsel on both sides.
appeal by special leave arises from the order dated April 15, 1993 of the Andhra Pradesh Administrative Tribunal, Hyderabad made in RP No.5737/87. The
appellant was appointed in 1951 as a Copyist in the Registration and Stamps
Department in the erstwhile Government of Hyderabad.
formation of Andhra Pradesh he was allotted to Andhra Pradesh services. By
proceedings dated March
16, 1976 he was
suspended from service. Though he was initially convicted by the Magistrate, on
appeal in Criminal Appeal No.581 of 1931 the High Court by judgment dated September 1, 1933 set aside the conviction and
acquitted him of all the charges on merits. In the meanwhile, the appellant was
dismissed from service on July 16, 1981.
Consequently, he filed R.P.NO.840/85.
The Tribunal set aside the order and directed the Government to consider his
case according to rules. Since the appellant had not passed the departmental
tests, he was not considered for promotion. He filed writ petition in the High
Court in 1986 which directed the Government to consider his case. He retired on
attaining the age of superannuation on December 31, 1984. Consequently, he was entitled to
be considered for promotion according to rules from the date on which his
immediate junior was promoted with consequential benefits. It was found that
the appellant had not passed the Registration test and Accounts test Part and
Part II for Subordinate Officers prescribed under the Special Rules.
he was not given promotion. Again when the appellant filed R.P. No.5737/87, the
Tribunal in the impugned order has dismissed the petition. Thus this appeal by
not in dispute that the Government have issued orders in G.O.Ms. No.783 dated September 7, 1971 whereunder the Government have directed
that first stage promotion be given to all the persons recruited under
Hyderabad Cadre and Recruitment Rules, without insisting upon passing the
departmental tests but gave double the time given to the employees of Andhra
Region for passing the tests. The matter was again examined in G.O. Ms. No.818
dated July 21, 1972 in consultation with the team of Secretaries to the
Government of India, the State Government reconsidered the matter and decided
that the employees of the erstwhile Government of Hyderabad allotted to the
State of Andhra Pradesh, be permanently exempted from passing the departmental
tests on reaching the age of 45 years for the second and subsequent stages of
promotion after November 1, 1956. The appellant's date of birth is October 1, 1928 and he attained the age of 45 years
as on October 1, 1973. In view of the above exemptions
under the orders passed by the Government for the first and subsequent
promotion he is entitled to be considered, without insisting upon passing the
departmental tests, for promotion on par with his immediate junior. Since he
had attained the age of superannuation as on October 1, 1973, he is entitled to be considered on merits for promotion
without passing the Accounts and Registration tests. Resultantly, he was not
required to pass any test at any time before he was superannuated. Under those
circumstances, the view of the Tribunal is not correct in law. The order of the
Tribunal is, therefore, set aside. The Government is directed to consider his
case according to rules for promotion without insisting upon his passing the
departmental tests prescribed under the Special Rules or General Rules and to
pass appropriate orders within a period of three months from the date of
receipt of the order with all consequential benefits.
appeal is allowed. No costs.