Holding

The Tribunal over‑reached; it cannot direct the State Government to furnish material or set parameters, and the seniority list must be reviewed to strictly conform to the Supreme Court's directions in Venkat Reddy's case.

Summary

The case concerned the seniority of Assistant Executive Engineers (formerly Junior Engineers) in Andhra Pradesh's Public Health & Municipal Engineering Department. After the 1970 ban on direct recruitment, temporary and ad‑hoc appointments were made, followed by a Special Qualification Test (SQT) in 1975 and later regularisation orders in 1979. Subsequent Supreme Court judgments (Divakar and Venkat Reddy) prescribed a specific hierarchy for seniority, but the Andhra Pradesh Administrative Tribunal ordered the State Government to furnish "basic and essential" material and to set parameters for preparing a seniority list, claiming difficulty in reconciling the two judgments. The Supreme Court held that the Tribunal had over‑reached, as the Venkat Reddy judgment already resolved the placement of all categories and no further material or parameters were required. The Court directed the State Government to review its seniority list to ensure strict conformity with the Venkat Reddy directions and quashed the Tribunal's orders. The appeal was allowed.

Issues considered

Whether the Andhra Pradesh Administrative Tribunal exceeded its jurisdiction by directing the State Government to provide material and set parameters for preparing the seniority list.
Whether the seniority list prepared by the State Government complies with the Supreme Court's directions in G.S. Venkat Reddy's case and the earlier Divakar case.
Whether the Tribunal can modify seniority placements beyond the Supreme Court's prescribed hierarchy.

Subjects

seniorityrecruitmenttemporary appointmentspecial qualification testadministrative tribunalservice lawAndhra PradeshoverreachSupreme Court directions

Judgment

S. CHINNAPPA REDDY AND ORS. A

STATE OF ANDHRA PRADESH AND ORS.

JANUARY 16, 1996

[A.M. AHMADI, CJ AND S.P. BHARUCHA, J.] B

Service Law-Andhra Pradesh State mid Subordinate Service Rules,
1965-Public Health & Municipal Engineering Department of
State-Seniority in post o.f Assistant Executive Engineer-State Government
directed to prepare seniority list in strict co1~fonnity with directions earlier C
issued by this Court.

In the Public Health & Municipal Engineering Department of the
Government of Andhra Pradesh, prior to 18.8.1970, the post of Junior
Engineer was filed by direct reeruitment and by re-designating Supervi-
sor as Junior Engineers, as and when vacancies were available. The State D
Government by GOMs No. 682 dated 18.8.1970, banned the direct
recruitment of Junior Engineers. Thereafter, in exercise of emergency
powers conferred by Rule IO(l)(a)(i) of the Andhra Pradesh State and
Subordinate Setvice Rules, 1965, the State Government made temporary
ad-hoc appointments on emergency basis but not after selection by the
State Public Service Commission, which was the prescribed method of E
regular appointment. In 1975, the State Government, conducted a Special
f Qualification Test with a view to regularise the service of these temporary
and ad-hoc appointees. It was open to these appointees who had put in
two years continuous service upto 1.1.1973, to take the test and those who
qualified were ranked in seniority below those who had been regularly F
appointed as Junior Engineers prior to 18.8.1970. In 1976 the ban on
direct recruitment was lifted and selections, accordingly, were processed
between 1978 and March 1979. On 14.9.1979, the State Government
issued two orders directing that the services of all temporary appointees
appointed by direct recruitment and continuing in service as on 9.8.1979
G
would be regularised without subjecting them to any written or oral test.
Direct recruits of the year 1978-79 challenged the orders but the
challenge was rejected by the Tribunal. The appeal filed against the order
was also rejected but the Court gave certain directions in the judgment,
f.J. Divakar & Ors. v. Govt. of Andhra Pradesh & Anr. , [1982] 3 SCC 341.
The Direct recruits selected in 1978 were appointed and given seniority. H
557
558 SUPREME COURT REPORTS [ 1996] I S.C.R.
A The State Government fixed their seniority above that of the temporary
appointees whose services had been, or were being regularised. This
order of the State Government was challenged by those temporary
appointees who had been regularised. The challenge was upheld. The
direct recruits of 1978-79 filed a Speclal Leave Petition.
B This Court in G.S. \lenkat Reddy & Ors. v. Govt. of Andhra Pradesh
& Ors., [1993] Supp. 3 SCC 425, directed that the candidates who had
entered service after passing the Special Qualification Test shall rank
immediately after the regularly appointed candidates who had entered
service before the selection of these successful candidates and next to
c these SQT candidates will rank those who were governed by this Court's
directive in the Divakar Case. No seniority list having been prepared
pursuant to this judgment, the appellants filed a petition before the
Tribunal. Thereafter. the State Government issued a provisional seniority
list placing the direct recruits selected in 1978-79 above temporary ad-
hoc appointees appointed by direct recruitment and continuing as on
D 9.8.1979. However, it was stated before the Tribunal that without 'basic
and essential material' it will not be appropriate to proceed with the
preparation of provisional seniority list as proposed. The Tribunal
deduced from the material placed on record that the State Government,
apparently was 'facing difficulties in reconciling the judgments of the
E Supreme Court, in \lenkat Reddy's case and Divakar's case; therefore, it
directed that material which was 'basic and essential', to be placed before
it, 'for commencing an exercise for preparing a seniority list'. An interim
order was issued that persons appointed in 1984 on the basis of the
concession given in Divakar's case were not put above the persons who
were already in the list showing the organisation of orders or appointed
F
pursuant to Special Test etc.' These orders were challenged in these
appeals.

Allowing the appeals, this Court

HELD : 1.1. The Central Administrative Tribunal had over reached
G itself. The judgment in \lenkat Reddy's case, delivered by a Bench of three
Judges after taking note of Divakar's case, directed as to where those
governed by Diwakar' s case were to be placed. There was, therefore,
nothing in the directions which could lead to difficulty nor was there any
question of 'reconciling' the same with Divakar's case. There was no
H justification for the Tribunal's directions to the State Government to
S.C. REDDY v. STATE [BHARUCHA, J.] 559
furnish 'basic and essential' material to enable it to commence an A
exercise for preparing a seniority list, nor for the direction that the
parameters to be followed in preparing the seniority list should be set
down by the State Government after examining Presidential orders,
general and special rules, judgments of .the Supreme Court other than
that in V~nkat Reddy';· case and other judgments. {563; C-E] B

1.2. The State Government was directed to review the seniority list
~ that it had prepared to ensure that it was in strict conformity with the
~ directions given in Venkat Reddy's case. The Tribunal could issue orders
consistent with that judgment, if necessary. [563-F-G]

G.S. Venkat Reddy & Ors. v. Govt. of A.P. & Ors., [1993] Supp. 3
c
S.C.C. 425 and /.J. Divakar & Ors. v. Government of Andhra Pradesh &
Anr., [1982] 3 S.C.C. 341, referred to.

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1809-12 of
• 1996. D

From the Judgement and Order dated 8.3.94 of the Andhra Pradesh State
Administrative Tribunal in O.A. No. 5306/93 and 812 of 1994.

D.D. Thakur and Vivek Gambhir for the Appellants.
E
K. Madhava Reddy, G. Prabhakar and S. Balasubramaniam for the
Respondents.

The Judgment of the Court was delivered by

BHARUCHA, J. Leave granted. Fl
These appeals impugn two orders of the Andhra Pradesh Administrative
Tribunal, of 8th March and 13th April, 1994. They relate to seniority in the
post of Assistant Executive Engineer, earlier called junior Engineer, in the
Public Health and Municipal Engineering Department of the Government of
Andhra Pradesh. G

Prior to 18th August, 1970, the post of Junior Engineer was filled by
direct recruitment and by redesignating supervisors as Junior Engineers, as and
when vacancies were available, upon their beco1ning graduates.

The State Government by GOMs No. 682 dated 18th August, 1970, H
560 SUPREME COURT REPORTS [1996] J S.C.R.
A banned the direct recruitment of Junior Engineers. Thereafter, in exercise of
emergency powers conferred by Rule IO(l)(a)(i) of the Andhra Pradesh State
and Subordinate Service Rules, 1965, the State Government made temporary
and ad-hoc appointments of Junior Engineers on emergency basis. Such
appointments were not made after selection by the State Public Service
B Commission, which was the prescribed method of regular appointment. In
1975, with a view to regularise the service of these temporary and ad-hoc
appointees, the State Government conducted a Special Qualification Test
(SQT). It was open to the temporary ad-hoc appointees who had put in two
years continuous service upto !st January, 1973, to take the SQT. Those who
qualified were ranked in seniority below those who had been regularly
c appointed as Junior Engineers prior to 18th August, 1970.
'
In 1976 the ban on direct recruitment of Junior Engineers was. lifted
by the State Government and direct recruitment through the State Public
Service Commission to the post of Junior Engineer was resorted to. Selec-
D tions, accordingly, were processed between 1978 and March 1979. Before
appointment orders in respect of those who had been selected could be
issued, the State Government, on 14th September, 1979, issued two orders,
being GOMs. No. 646 and 647. Under the former, the State Government
directed that the services of all temporary appointees appointed by direct
E recruitment and continuing in service as on 9th August, 1979 would be
regularised without subjecting them to any written or oral test. Under GOMs
No. 647, the State Government issued orders for regularisation, thus :

"(i) the services of all temporary Government employees who were
appointed by direct recruitment to any category or post and are
F continuing in service as on August 9, 1979 should be regularised
without subjecting them to any test written or oral;

(ii) (a) the services of all temporary employees in all categories, other
than LDCs, Typists and Steno-typists, in the Offices of the Heads of
Departments and Junior Assistants, Typists and steno-typists in the
G
secretariat, should be regularised from the next date following the
date on which the last regular appointment in that category was made
in the unit concerned or from the date of temporary appointment
whichever is later."

H Direct recruits of the year 1978-79 challenged GOMs Nos. 646 and 647
S.C. REDDY v. STATE [BHARUCHA, J] 561
in a petition before the Andhra Pradesh State Administrative Tribunal. The A
Tribunal rejected the challenge. This Court was approached in appeal. The
appeal was rejected, but certain directions were given. The Judgment is l.J.
Divakar & Ors. v. Government of Andhra Pradesh & Anr. , [1982] 3 S.C.C.
341. The direct recruits selected in 1978 were appointed and given seniority
as directed in Divakar's case. On 17th July, 1987, the State Government B
directed that the seniority of direct recruits of the year 1978-79 be fixed above
that of the temporary appointees whose services had been, or were being
regularised under GOMs No. 647.

The State Government's order of 17th July, 1987, was challenged by
those temporary appointees who had ben regularised under GOMs No. 647 C
and the challenge was upheld. The direct recruits of 1978-79 thereupon filed
a Special leave petition before this Court. It was heard along with Civil
Appeals that related to disputes about seniority between temporary ad-hoc
Junior Engineers'and Supervisors who had been designated Junior Engineers
upon graduation on the other hand. The Judgment of this Court is in G.S. D
Venkat Reddy & Ors. v. Govt. of A.P. & Ors., [1993] Supp. 3 S.C.C. 425,
and it was delivered, on behalf of a Bench of three learned Judges by one
• of us. (Ahmadi, J., as he then was). The judgment noted several earlier
judgments, including the judgment in Divakar's Case. In paragraph 15 of the
Judgment, a precise summary of the Court's directions was given, thus :
E
"15. To summarise : The Candidates who have entered service after
passing the SQT shall rank immediately after the regularly ap-
pointed candidates who had entered service before the selection of
the successful SQT candidates. Next to the SQT candidates will rank
those who are governed by this Court's directive in the last
paragraph of Divakar case. Thereafter the seniority will be fixed F
between the candidates covered under GOMs. No. 647, the upgraded
supervisors and the SC/ST candidates recruited· under the Rule 22(e)
- li_mited recruitment scheme - in the light of this judgment. The
judgment and order of the Tribunal will stand modified to the extent
it concerns the SC/ST candidates recruited under the Rule 22(e) , G
limited recruitment scheme. If as a consequence of this modification
readjustment of inter se seniority between a candidate governed by
GOMs No. 647 and an upgraded supervisor becomes necessary it
will be effected in the terms of this judgment. Fresh orders
consistent with this judgment may be issued, if necessary. Except
for the modification made in regard to recruitment under the limited H
562 SUPREME COURT REPORTS [1996] 1 S.C.R.
A recruitment scheme, the Tribunal's order is upheld."

No seniority list have been prepared pursuant to the judgment in
Venkat Reddy's case, the appellants moved the Tribunal. To this petition
before the Tribunal, the ad-hoc temporary appointees were impleaded upon
their application. They also filed an application before the Tribunal question-
B ing the placement in seniority of direct recruits selected in 1978-79 above
themselves.

On 21st January, 1994, the State Government issued a provisional
seniority list placing the direct recruits selected in 1978-79 above temporary
ad-hoc appointees who were covered by GOMs No. 647.
c
The Tribunal, on 3rd March, 1994, called upon the concerned officers·
of the State Government to appear before it to explain the parameters which
they proposed to follow for preparing seniority lists.

On 8th March, 1994, the first of the two orders impugned in this appeal
D was passed. It stated that the Government Pleader had placed before the
Tribunal a letter dated 7th March, 1994, which indicated that the State
Government wanted to :·proceed on the basis of the judgment of the Supreme
· Court in G.S. Venkat Reddy's case for preparing fresh provisional seniority
list.. ...................... Without considering the implication of the presidential
E order, the general and special rules and the other judgments of the Supreme
Court and any other judgments of the erstwhile judgment in this Department
(sic) and executive instructions of the Government in a comprehensive
manner it will not be appropriate to proceed with the preparation of
provisional seniority list as proposed which may give rise for further
F controversies." The Tribunal directed the State Government to prepare the
parameters for preparation of the seniority list after examining this material,
the initial organisation of the cadres, the cadre strength, the persons allotted
at that time and the vacancies that had arisen thereafter.

On 13th April, 1994, the second of the impugned orders was passed. It
G referred to a statement of the parameters which the State Government proposed
to adopt. The Tribunal quoted a part of para 13 thereof, as follows :

"The summary in the present judgment (Venkat Reddy's case and
direction in the Divakar' s case as explained do not go together."

B The Tribunal deduced from this that the state Government, apparently, was
S.C. REDDYv. STATE [BHARUCHA, J.] 563
"facing difficulties in reconciling the judgments of the Supreme Court". The A
Tribunal considered it appropriate to direct material, which was "basic and
-+ es.sential'', to be placed before it "for commencing an exercise for preparing
a seniority list". A list of the required material followed. An interim order
was issued that "persons appointed in 1984 on the basis of the concession
given in Divakar's case are not put above the persons who are already in B
the list showing the organisation of orders or appointed pursuant to SQT or
GO 647 or limited recruitment."

-i It seems to us that the Tribunal has over-reached itself. As aforestated,
y the judgment in Venkat Reddy's case was delivered by a Bench of three learned
Judges after taking note of Divakar's case. The Directions given in Venkat c
Reddy's case indicate where those governed by Divakar's case are to be
placed. There is, therefore, nothing in the directions which can lead to
difficulty nor is there any question of "reconciling" the same with Divakar's
case. We find no justification for the Tribunal's directions to the State
Government to furnish "basic and essential" material to enable it to commence
D
; an exercise for preparing a seniority list, nor for the earlier direction that the
,. parameters to be followed in preparing the seniority list should be set down
by the State Government after examining Presidential orders, general and
special rules, judgments of the Supreme Court other than that in Venkat
Reddy';· case and other judgments.
E
The orders of the Andhra Pradesh Administrative Tribunal dated 8th
March and 13th April, 1994 are, accordingly, quashed and set aside. The State
Government is directed to review the seniority list that it has prepared to

I
' ensure that it is in strict conformity with the directions given in Venkat
Reddy's case and precisely summarised in paragraph 15 thereof. This seniority
F
list, after such review, shall be placed before the Tribunal, which shall examine
it only with a view to ensuring that it is in accordance with the directions
contained in Venkat Reddy's case. The only discretion it has in this behalf is
that indicated in paragraph 15 of Venkat Reddy 's case namely, that it may issue
orders consistent with that judgment, if necessary. The applications pending
before the Tribunal shall also be disposed of in the light of the judgment in G
Venkat Reddy's case.

The appeal is allowed accordingly. There shall be no order as to costs.

R.A. Appeal allowed.