Case Note & Summary
By way of background, the matter arose out of a service dispute concerning promotion in the Registration and Stamps Department of Andhra Pradesh. The appellant, appointed as a Copyist in 1951 in the erstwhile Government of Hyderabad, was later allotted to the Andhra Pradesh cadre after the formation of the state. The core context was the appellant's claim for promotion without being required to pass departmental tests, based on specific government orders granting exemptions to erstwhile Hyderabad employees. In 1976 he was suspended from service following a criminal conviction. Although the Magistrate initially convicted him, the High Court, in Criminal Appeal No.581 of 1931 by judgment dated 1 September 1933, acquitted him of all charges on merits. Despite this, on 16 July 1981 he was dismissed from service. Aggrieved, he filed R.P. No.840 of 1985 before the Andhra Pradesh Administrative Tribunal, which set aside the dismissal and directed the Government to consider his case according to rules. Since he had not passed departmental tests, he was not considered for promotion. He then filed a 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 31 December 1984. The authorities found that he had not passed the Registration test and Accounts test Part I and Part II for Subordinate Officers prescribed under the Special Rules, and consequently refused promotion. He filed R.P. No.5737 of 1987 before the Tribunal, which dismissed the petition by order dated 15 April 1993. The legal issue before the Supreme Court was whether the appellant was exempt from passing departmental tests under Government Orders G.O.Ms. No.783 dated 7 September 1971 and G.O.Ms. No.818 dated 21 July 1972. The appellant relied on these orders; the first granted first stage promotion to persons recruited under Hyderabad Cadre and Recruitment Rules without insisting on departmental tests but gave double the time given to employees of Andhra Region for passing the tests; the second, after consultation with a team of Secretaries to the Government of India, permanently exempted employees of the erstwhile Government of Hyderabad allotted to Andhra Pradesh from passing departmental tests on reaching the age of 45 years for the second and subsequent stages of promotion after 1 November 1956. The appellant's date of birth was 1 October 1928, so he attained 45 years on 1 October 1973. The Court noted that, under these exemptions, the appellant was entitled to be considered for promotion on par with his immediate junior without insisting on passing departmental tests; in fact, he was not required to pass any test at any time before he was superannuated. The view of the Tribunal was incorrect in law because it ignored the binding government orders. The Supreme Court set aside the Tribunal's order and directed the Government to consider the appellant's case for promotion according to rules without insisting upon his passing the departmental tests prescribed under the Special Rules or General Rules, and to pass appropriate orders within three months from the date of receipt of the order with all consequential benefits. The appeal was allowed with no order as to costs.
Headnote
A) Service Law - Promotion and Exemption from Departmental Tests - Government Orders G.O.Ms. No.783 dated 07.09.1971 and G.O.Ms. No.818 dated 21.07.1972 - Not applicable (Government Orders and Special Rules) - The appellant, a Copyist appointed in 1951 under the erstwhile Hyderabad Government and allotted to Andhra Pradesh, was denied promotion for not passing the Registration test and Accounts test Part I and Part II for Subordinate Officers; the Supreme Court held that the government orders permanently exempted erstwhile Hyderabad employees from passing departmental tests after reaching 45 years of age, and the appellant attained that age on 01.10.1973; the Tribunal's dismissal of his representation was set aside and the Government was directed to consider his case for promotion without insisting on passing departmental tests under the Special Rules or General Rules within three months with all consequential benefits. Held that the exemption orders were binding and denial of promotion was unlawful (Paras Not mentioned).
Issue of Consideration
Whether the appellant was exempt from passing departmental tests for promotion under Government Orders G.O.Ms. No.783 dated 07.09.1971 and G.O.Ms. No.818 dated 21.07.1972, and whether the Andhra Pradesh Administrative Tribunal was correct in dismissing the representation petition.
Final Decision
Appeal allowed. The order of the Andhra Pradesh Administrative Tribunal was set aside. The Government was directed to consider the appellant's case for promotion according to rules without insisting upon his passing the departmental tests prescribed under the Special Rules or General Rules, and to pass appropriate orders within three months from the date of receipt of the order with all consequential benefits. No costs.
Law Points
- Government orders granting exemption from departmental tests bind authorities
- erstwhile Hyderabad employees entitled to permanent exemption after 45 years
- promotion cannot be denied for non-passing tests when exempted
- consequential benefits to follow
