MOHAMMAD RAHMAT ALIversusTHE INSPECTOR OF REGISTRATION AND STAMPS, ANDHRA PRADESH AND ORS.

A                          MOHAMMAD RAHMAT ALI
                                v.
            THE INSPECTOR OF REGISTRATION AND STAMPS,
                     ANDHRA PRADESH AND ORS.

                                AUGUST 30, 1996
B
               [K.R. RAMASWAMY AND G.B. PATTANAIK,.JJ.]

            Service Law:

            Andhra Pradesh Services-Promotion-Employee of erstwhile Govem-
C ·rnent of Hyderabad allotted to Andhra Pradesh Services after fonnation of
   Andhra Pradesh State-Not considered for promotion as he did not pass the
   departmental tests-Tribunal dismissing his claim for promotion-On appeal
   held, since employees of erstwhile government of Hyderabad allotted to the
   State of Andhra Pradesh pennanently were exempted from passing the
D ·departmental tests on reaching the age of 45 years, ·hi! is entitled to be
   considered for promotion on par with his immedia~ junior-'Govemment to
   consider his case and pass appropriate orders within three months with all
   consequential benefits.

            CIVIL APPELLATE JURISDICTION: Civil Appeal No. 12019 of
E   1996.

         From the Judgment and Order dated 15.4.93 of the Andhra Pradesh
    Central Administrative Tribunal at Hyderabad in R.P. No. 5737 of 1987.

         A. Raghuvir, R.S. Krishnan, D. Mahesh Bala and K. R. Nagaraja for
F   the Appellants.

         K. Ram Kumar, Ms. Asha Nair, C. Balasubramaniam and Y. Subba
    Rao for the Respondents.

            The following Order of the Court was delivered :
G
            Leave granted.

            We have heard learned counsel on both sides.

            This appeal by special leave arises from the order dated April 15,
H 1993 of the Andhra Pradesh Administrative Tribunal, Hyderabad made in
                                        400
       RAHMATALlv. INSPECTOROFREGN.ANDSTAMPS,AP.                       401

RP No.5737/87. The appellant was appointed in 1951 as a Copyist in the A
Registration and Stamps Department in the erstwhile Government of
Hyderabad. After 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 the High Court by judgment dated
                                                                               B
September 1, 1983 s~side 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 departmen-
tal. tests, he was not considered for promotion. He filed writ petition in the c
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 D
Registration test and Accounts test Part I and Part II for Subordinate
Officers prescribed under the Special Rules. Consequently, 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 special leave.
                             •.                                               E
      It is 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 insistiug upon
passing the departmental tests but gave double the time given to the F
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 G
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 H
    402                   SUPREME COURT REPORTS [1996) SUPP. 5 S.C.R.

A upon passing the departmental tests, for promotion on par with his imme-
    diate 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 re-
    quired 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
B   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
C   benefits.

           The appeal is allowed. No costs.

    G.N.                                                       Appeal allowed.