& Ors Vs. The Secretary, Andhra Pradesh Public Service Commission  Insc
249 (30 April 2001)
Babu & K.G. Balakrishnan Judgement Balakrishnan, J.
Judgment of the Division Bench of High Court Andhra Pradesh is challenged
before us. The appellants and respondents 3 to 10 are now working in different
cadres such as Assistant Secretaries, Superintendents and Senior Assistants in
Andhra Pradesh Public Service Commission (hereinafter being called
"APPSC"). The appellants were initially recruited as Typists and
Respondents 3 to 10 were initially recruited and appointed as Junior
Assistants. For Junior Assistants, the next promotion post was Senior
Assistants. Those who were appointed as Typists had also been urging for promotion
to the post of Senior Assistants and from 1978 onwards they were given
promotion to the post of Senior Assistants. Promotions to the post of Senior
Assistant from the cadres of Junior Assistant and Typist were in the ratio of
4:1. However, promotions so made were not supported by any rules but were based
on a policy adopted by APPSC. In 1992, APPSC decided that inter se seniority
between Typists and Junior Assistants shall henceforth be fixed from the date
of their first appointment and the ratio for the purpose of their promotion to
the category of Senior Assistants was sought to be revised.
groups of employees were given opportunity to submit their objections and
thereafter the seniority was revised vide Office Memorandum No. 2051/ADB/2/93
group representing employees who were initially recruited as Junior Assistants
filed OA No. 4013/96 before Andhra Pradesh Admn. Tribunal for a direction to
the APPSC for implementation of the revised proceedings issued on 30.6.1996 and
the rival group, namely, the appellants filed OA No. 4172/96 challenging the
proceedings dated 30.6.1996 relating to seniority.
APPSC filed reply statement contending that the Commission had earlier adopted
a ratio of 1:4 in the matter of promotions to the posts of Senior Assistants
from the categories of Typists and Junior Assistants respectively and that
procedure was found to be incorrect as there were no rules supporting such promotions,and
that the Commission accordingly revised the seniority list. After hearing the
parties, the Tribunal found that promotions to the post of Senior Assistants
were not being done in accordance with the relevant rules and the Tribunal
disposed of the two OAs with the following directions:-
making promotions to the category of Senior Assistants, the length of service
in feeder cagetories i.e., Junior Assistants and Typists should be the
criterion for the purpose of promotion to the post of Senior Assistant and not
the ratio of 4:1.
Junior Assistants with 3 years of service are eligible for promotions to the
category of Senior Assistants with effect from 12.2.1979.
Typists should have 5 years of service for promotion to the categoty of Senior
Assistants in respect of the promotions to be made prior to 21.3.1984. In
respect of promotions to the category of Senior Assistants made subsequent to
22.3.1984, three years of service would be sufficient.
these Oas, the Tribunal has only laid down guidelines for the purpose of
promotions to the category of Senior Assistants from the feeder categories of
Junior Assistants and Typists during the period from 1980 to 1992.
inter se seniority between the individual employees recruited to different
categories through different methods of recruitment should be fixed following
the rules and orders of the courts, if any.
Following the above guidelines, the promotions made during the period from 1980
to 1992 to the category of Senior Assistant should be reviewed and after such
review the revised seniority lists should be drawn and communicated to the
employees for making representations, if any. After considering the
representation, the final seniority lists should be issued.
This exercise should be completed within a period of three months from the date
of the receipt of this order.
aforesaid direction issued by the Tribunal was challenged by the appellants in
W.P. No. 18552/97. The Division bench of Andhra Pradesh High Court affirmed the
decision of the Tribunal. That decision is challenged before us.
heard the Appellants' Counsel Sri T.V. Ratnam and Respondent's senior Counsel
Sri Raju Ramachandran and also the Counsel for the APPSC. The main contention
urged by the appellants' Counsel is that Jr. Assistants and Typists are in the
feeder category for promotion to the posts of Sr. Assistant and the date of
first appointment in their respective feeder category should be taken into
consideration for the purpose of inter se seniority between employees of the
two categories. The appellants relied upon Rule 33(c) of the A.P. State
Subordinate Services Rules.
this contention of the appellants is refuted by the respondents and it is
submitted that Junior Assistants and Typists are not equivalent posts and the
qualification and method of their recruitment is also different. It is also
submitted that for the purpose of promotion to the category of Senior
Assistant, separate rules are applicable for the two feeder categories.
true that both Typists and Junior Assistants have been in the feeder category
for the purpose of promotion to the posts of Senior Assistant. But it is not
fully correct to say that posts of Junior Assistants and Typists are
equivalent. Minimum education qualifications prescribed for Typists is
SSC/Matriculation, whereas for the post of Junior Assistant, the minimum
educational qualification is graduation. For recruitment of Junior Assistants,
a test consisting of four papers is prescribed, whereas for Typists one has to
pass a test consisting of only one paper.
in Andhra Pradesh Ministerial Rules, separate guidelines have been provided for
promotion from these two categories. Therefore, it is idle to contend that
there should not have been any distinction in the matter of promotion from
these two categories to the next higher cadre.
the relevant rules also treated these two groups differently for the purpose of
promotion. By virtue of Regulation 12(3) of the APPSC Regulation, 1963, which
is reproduced hereinbelow, it is made clear that Andhra Pradesh Ministerial
Service Rules would be applicable to employees of APPSC.
12(3) The conditions of service of the members of the staff of the Commission
shall, save as expressly provided in these regulations, be the same as those
prescribed by State Government in respect of Government servants holding
corresponding appointments elsewhere than in the Office of the Commission. The
provisions in Annexure-II to these regulations shall apply to the members of
the staff of the Commission mentioned therein.
[See Regulation 12(3)] 1 (a) The Secretary shall be:
XXX XXX XXX (ii) XXX XXX XXX (iii) The authority competent:- (a) XXX XXX XXX
(b) To make appointments, promotions and transfers in respect of the posts of
Superintendents, Assistants, Clerks, Accountants, S.C. Steno, Senior Steno,
Senior Steno, Junior Stenos and Typists within the meaning of the Special Rules
for Andhra Pradesh Ministerial Service:
XXX 3(a) A member of the staff of the Commission shall ordinarily put in a
minimum service of three years, but in no case shall it be less than two years
in the category, class or grade from which he or she shall be promoted or
appointed by recruitment by transfer as the case may be, to the corresponding
next higher category, class or grade - Stenographers and Typists of the
Commission shall however, be governed by Rule 5 of the Andhra Pradesh
Ministerial Service Rules for promotion or appointment.
the above Rules, it is clear that Junior Assistants are entitled to get
promotion to the next higher grade after completion of 3 years' service, of
which at least 2 years shall be in that category, and the Typists shall be
governed by rule 5 for the purpose of their promotion.
relevant portion of the Andhra Pradesh Ministerial [Service Rules, viz. Rule 5
reads as follows:-
Promotion and absorption of certain stenographers and typists:- No member of
the service shall be eligible for promotion or appointment as the case may be,
from the post mentioned in column (1) of the table below to the post mentioned
in column (2), unless he has put in satisfactory service for the minimum period
and in the category specified in column (3) thereof.
TABLE (1) (2) (3) XXX XXX XXX (4) Upper Division Stenographer Upper Division
Clerk 3 yr service as Upper Division Stenographer (5) Third Grade Stenographer
or Typist, Or Steno-Typist who Has opted for Absorption in the post Of Upper
Division Stenographer Upper Division Stenographer 5 years service as (Third)
Grade Steno- grapher or Typist or Steno-Typist "28(a) Typists and steno-typists
in the offices of Heads of Departments and Directorates shall not be eligible
for conversion as Lower Division Clerks or for promotion as Upper Division
Clerks and Directorates shall be eligible for conversion as Lower Division
Clerks unless they hold a degree of a University in India established or
incorporated by or under Central act, Provincial Act, or State Act or any other
that those appointed to these categories in the offices specified in this
sub-rule prior to 31st October, 1980 shall be eligible for promotion as Upper
Division Clerk or for conversion as Lower Division Clerk even if they do not
possess a degree of a University but they must have passed the full test(two
paper test) held by the Andhra Pradesh Public Service Commission for
recruitment to the post of Lower Division Clerks.
Typists or Steno-typists shall not be eligible for conversion as Lower Division
Clerk or for promotion as Upper Division Clerk and telephone Operators for
conversion as Lower Division Clerk the Subordinate office, i.e., offices other
than the heads of Departments and Directorates unless they hold Minimum General
typists or Steno-typist shall be eligible for such promotion or transfer before
he has satisfactorily completed the period of his probation." From these
Rules, it is abundantly clear that Typists and Stenographers have to pass the
eligibility test for getting promotion to the post of Senior Assistant and they
have to put in 5 years' service for the purpose of promotion. The appellants
have submitted that they have passed the test and qualified themselves for
from 22.3.1984, the Typists also are entitled to get promotion to the cadre of
Senior Assistant after completing 3 years service. The direction given by the
Tribunal which is affirmed by the High Court is in accordance with the relevant
Counsel for the appellants urged that some of the appellants who were given
promotion to the cadre of Senior Superintendents long back and subsequently to
still higher cadres are to be reverted to lower category in view of the
directions contained in the impugned judgment. It was submitted that promotions
effected long back should not be disturbed as they were not challenged.
Admittedly, the Commission was not following any rule and the promotions were
effected based on a policy. No seniority list was either published. The
affected parties got the opportunity to challenge these promotions only when a
seniority list was published in 1996. Under the above circumstances, the
reasons for delay, if any, cannot be put at the door of the respondents who
were seriously affected by the way in which promotions were being done. We are,
however, told that seniority list has now been finalised after giving due
consideration to the individual representation.
not find any merit in the appeal and the same is accordingly dismissed,
however, without costs.