Case Note & Summary
The dispute arose from a challenge by several directly recruited Assistant Engineers against the retrospective regularisation of promotees to the cadre of Assistant Engineers by the Chief Engineer of Andhra Pradesh. The petitioners contended that this regularisation was unauthorized and violated the Andhra Pradesh (Roads and Buildings) Engineering Service Rules, 1967, which mandated that 37.5% of vacancies be filled by direct recruitment. The court noted that two sets of rules were in operation: the Andhra Pradesh State and Subordinate Services Rules, 1962, and the Special Rules of 1967. The petitioners argued that the reduction of qualifying service from five years to three years for promotion was detrimental to direct recruits. The court found that the State Government had not complied with the recruitment provisions, leading to an excess of promotees over direct recruits. The court directed the State to ascertain the number of substantive vacancies and ensure that 37.5% of these were filled by direct recruitment, while limiting promotees to 62.5%. The court upheld the regularisation of promotees from 1972 to 1975 but mandated that future recruitment adhere strictly to the rules. The State was ordered to complete the recruitment process within four months and to redraw the seniority list by September 1988. The judgment emphasized the importance of following the established recruitment rules to prevent further grievances from direct recruits.
Headnote
A) Administrative Law - Recruitment Rules - Compliance with Recruitment Provisions - Andhra Pradesh (Roads and Buildings) Engineering Service Rules, 1967, Rule 3 - The State Government failed to adhere to the prescribed method of recruitment for Assistant Engineers, leading to grievances from direct recruits. The court directed the State to ascertain vacancies and ensure compliance with the recruitment rules, emphasizing the need for direct recruitment to fill the shortfall (Paras 22D-F).
Issue of Consideration
Whether the retrospective regularisation of promotees to the cadre of Assistant Engineers violated the prescribed recruitment rules.
Final Decision
The Supreme Court directed the State Government to ascertain the substantive vacancies for Assistant Engineers and ensure that 37.5% of these were filled by direct recruitment, while limiting promotees to 62.5%. The court upheld the regularisation of promotees from 1972 to 1975 but mandated strict compliance with recruitment rules for future appointments.
Law Points
- Direct recruitment
- retrospective regularisation
- inter-se seniority
- Andhra Pradesh (Roads and Buildings) Engineering Service Rules
- 1967
- Andhra Pradesh State and Subordinate Services Rules
- 1962
