ition No 106 of 1980 Under Article 32 of the Constitution of India
with 509 Civil Appeal No 2735 of 1986 Arising out of Special Leave Petition Civil No 2775 of 1980
PS Potti KR Chaudhary Miss Malini Poduval and Miss R George for the Petitioners
MK Ramamurthy TVSN Chari and Miss V Grover for the Respondents in W 
No  106 of 1980
K Ram Kumar for the Appellant in CA No 2735 of 1986
A Subba Rao for the Respondents in CA No 2735 of 1986
The Judgment of the Court was delivered by DUTT J
The Writ Petition No 106 of 1980 under Article 32 of the Constitution of India preferred by the petitioners Smt
M Nirmala  309 others and the appeal by special leave filed by the State of Andhra Pradesh have been heard together as they involve the common question as to the seniority of certain employees of the Government of Andhra Pradesh in Group II and Group IV services
Group II services relate to the posts of Junior Assistants in the Secretariat and Group IV services relate to the posts of Lower Division Clerks Lower Division Assistants Lower Division Typists and Steno Typists
The petitioners are working in Group IV services in various Departments of the Government of Andhra Pradesh
On August 18 1970 by GO Ms No 682 the Government of Andhra Pradesh put a ban on direct recruitment of all categories of State and subordinate services pending the recommendations of the Backward Classes Commission
In spite of the said order baning direct recruitments the Government had to appoint employees in all Departments in view of exigencies of circumstances and in the public interest
Such appointments were made under the General Rule 10ai1 on a purely temporary basis
Most of the petitioners were appointed after April 1974 as temporary employees under General Rule 10ai1
Indeed General Rule 10aiii provides that a person appointed under clause i shall whether or not he possesses the qualifications prescribed for the service class or category to which he is appointed be replaced as soon as possible by a member of the service or an approved candidate qualified to hold the post under the rules
In view of clause iii of 510 General Rule 10a the appointments of the petitioners were to be replaced as soon as possible by qualified and approved candidates
In 1973 the ban on recruitment through Public Service Commission was partially lifted
By GO Ms No 725 dated December 28 1973 the Government of Andhra Pradesh directed the Public Service Commission to conduct a special qualifying test for recruitment in Group IV services with a view to regularising the temporary appointments made during the ban period
One of the conditions of eligibility for appearing at the said qualifying test was as fixed by the Public Service Commission two years of service as on 111973
As the petitioners were appointed after April 1974 the question of their appearing at the said qualifying test did not arise
It appears that those who appeared at the said test were all absorbed in the regular service
On the representation of the temporary employees who were not absorbed the Public Service Commission conducted another special qualifying test as directed by the Government by GO Ms No 787 dated November 9 1976
The petitioners could not avail themselves of the said test as they had not put in two years of service as on 111976 as fixed by the Public Service Commission
The temporary employees including the petitioners who were appointed on or after January 2 1974 became eligible only in 1976 in which year a test for recruitment through Public Service Commission was conducted to facilitate all temporary employees including the petitioners to compete for regular appointments
About 82000 candidates appeared in the test for Group IV services
The petitioners however did not appear at the said qualifying test even though they were eligible for the same
At the same time the petitioners and others who did not appear at the qualifying test in 1976 began to put pressure on the Government for their absorption
The Government was also prevented from replacing the temporary employees including the petitioners by the candidates who were successful in the said qualifying test
The successful candidates were appointed to additional posts in Group II and Group IV services sometime in 1977 or 1978
The temporary employees made a representation to the Government that their appointments should be regularised without requiring them to appear at the special qualifying test
The Government seems to have yielded to the pressure brought to bear upon it by these temporary employees as a result of which the appointments of successful candidates in the said test could not be regularised
By Memo No 1806 Ser B78 2 dated 2511979 the Government proposed to fix the inter se 511 seniority between the Public Service Commission candidates that is those who passed in the qualifying test held in 1976 and the temporary employees who did not appear at the qualifying test
Being aggrieved by the said Memo certain Public Service Commission candidates belonging to Group II services filed a representation petition being RPNo 14579 before the Andhra Pradesh Administrative Tribunal
i Subsequently another representation petition being RP No 447 of 1979 was filed by certain other Public Service Commission candidates belonging to Group IV services including the respondents Nos 18 to 108 in the Writ Petition
While the said representation petitions were pending before the Andhra Pradesh Administrative Tribunal the Government of Andhra Pradesh issued GOMs
No 646 dated September 14 1979 whereby the temporary employees including the petitioners were exempted from appearing at any examination and the posts held by them were withdrawn from the purview of the Public Service Commission
By another order being GOMs
No 647 dated September 14 1979 the Government directed regularisation of the temporary employees including the petitioners without subjecting them to any test written or oral
One of the conditions of such regularisation as contained in clause b of the GOMs
No 647 is that in the case of temporary Junior Assistants Typists and Steno Typists in the Secretariat and LDCs Typists and Steno Typists in the offices of the Heads of Departments their services should be regularised from the date subsequent to the date of last regular appointment in that category or from the date of temporary appointment whichever is later and subject to the decision of the Andhra Pradesh Administrative Tribunal before which representation petitions in this regard are pending
 At this stage it may be stated that RP No 145 of 1979 and RP No 447 of 1979 were both decided by the Tribunal in favour of the Public Service Commission candidates holding that their appointments were regular and their seniority should be computed from the respective dates of regular appointments under the General Rule 33a which inter alia provides that the seniority of a person in a service class category or grade shall be determined by the date of his first appointment to such service class category or grade
The State of Andhra Pradesh being aggrieved by the said order of the Tribunal passed in RP No 145 of 1979 has preferred the instant appeal by special leave
It is not in dispute that the Public Service Commission candidates including the respondents Nos 18 to 108 who belong to Group IV services were appointed sometime in 1977 or 1978 pursuant to their 512 being successful in the special qualifying test held by the Public Service Commission in 1976
In view of General Rule 33a the seniority of the respondents should be computed from the respective dates of their appointments as held by the Administrative Tribunal
The petitioners however claim that their seniority should be computed from the respective dates of their appointments after April 1974 so that they maybe placed before the respondents Nos 18 to 108 in the seniority list
In our view the claim of the petitioners is untenable
The petitioners were not appointed on a regular basis but by way of stop gap arrangements to be replaced by the appointment of qualified candidates
The petitioners failed to avail themselves of the opportunity of qualifying themselves for regular appointments by appearing at the special qualifying test held in 1976 although they were eligible for the test
The Government order being GOMs
No 647 dated September 14 1979 on which much reliance has been placed by Mr Patti learned counsel appearing on behalf of the petitioners does not support their claim of seniority from the respective dates of their appointments after April 1974
Under the said GOMs No647 the services of the employees belonging to Group IV services would be regularised from the date of last regular appointment in that category or from the date of temporary appointments whichever is later and subject to the decision of the Andhra Pradesh Administrative Tribunal
The Andhra Pradesh Administrative Tribunal as stated already held that the appointments of the Public Service Commission candidates were regular appointments
The appointments of the Public Service Commission candidates are therefore the last regular appointments as contemplated by GOMs No 647
In view of the said decision of the Andhra Pradesh Administrative Tribunal and the directions contained in GOMs No647 the services of the petitioners will be regularised subsequent to the respective dates of appointments of the respondents Nos
18 to 108 or the other employees in Group IV services who were appointed pursuant to their being successful in the special qualifying test held by the Public Service Compression in 1976
The petitioners have not challenged the said GOMs
No 647 on the contrary as stated already they have placed reliance upon the same and have also prayed for the implementation of the same
The petitioners therefore cannot assail the findings of the Andhra Pradesh Administrative Tribunal and claim that their seniority should be computed from the respective dates of their appointments after April 1974
WE have also considered the findings of the Administrative Tri 513 bunal and we are of the view that the findings arrived at by it are quite legal and justified and no exception can be taken to the same
For the reasons aforesaid both the Writ Petition and the appeal are dismissed
However in view of the peculiar facts and circumstances of the case there will be no order as to costs
SR Petition and appeal dismissed


Summary:
The petitioners in Writ Petition 106 of 1980 are working in Group IV Services in various departments of the Government of Andhra Pradesh
Most of them were appointed after 1974 under the General Rule 10ail on a purely temporary basis due to the existence of a ban on direct recruitment
After the lifting of the ban partially special qualifying tests were held for regularising their services in 1974 and 1976
As they did not put in two years of qualifying service as on 1173 and 1176 respectively they could not take the said examinations
In 1976 there was another test conducted by the Public Service Commission wherein about 82000 candidates appeared
The petitioners did not appear in the said test
Among the several candidates who were appointed sometimes hl 1977 and 1978 were Respondents 18 to 108
The petitioners were however granted complete exemption from appearing at any examination by GOMS 646 dated 1471979 and the posts held by them were withdrawn from the purview of the Public Service Commission
Earlier to the said Notification Government issued a memo No 1806 Ser B78 2 Gad dated 25179 proposing to fix inter se seniority between the Public Service Commission candidates who qualified in 1976 and the temporary employees including the petitioners who did not appear at the qualifying test
Being aggrieved the Service Commission candidates including respondents 18 to 108 in the Writ Petition filed RP No 44779 before the State Administrative Tribunal whose decision went in favour of the Service Commission candidates
Hence the Civil Appeal No 273586 by the State of Andhra Pradesh
In both the 508 Writ Petitions and the appeal the question related to the computation of seniority of the Service Commission candidates and the temporary employees whose services were regularised by GOMS 647 dated 14979 after exempting them from passing the qualifying examination etc
by GOMS 646 dated 1491979
Dismissing the petition and the appeal the Court  HELD l
The petitioners cannot claim that their seniority should be computed from the respective dates of their appointments after April 1974
The petitioners were not appointed on a regular basis but by way of stop gap arrangements to be replaced by the appointment of qualified candidates
The petitioners failed to avail themselves of the opportunity of qualifying themselves for regular appointments by appearing at the special qualifying test held in 1976 although they
were eligible for the test
The Government order being GOMS No 647 dated September 14 1979 does not support their claim of seniority from the respective dates of their appointments after April 1974
Under the said GOMS No 647 the services of the employees belonging to Group IV services would be regularised from the date of last regular appointment in that category or from the date of temporary appointment whichever is later and subject to the decision of the Andhra Pradesh Administrative Tribunal
The Andhra Pradesh Administrative Tribunal held that the appointments of the Public Service Commission candidates were regular appointments
The appointments of the Public Service Commission candidates are therefore the last regular appointments as contemplated by GOMS No 647
In view of the said decision of the Andhra Pradesh administrative Tribunal and the directions contained in GOMS No 647 the services of the petitioners will be regularised subsequent to the respective dates of appointments of the respondents Nos
18 to 108 or the other employees in Group IV services who were appointed pursuant to their being successful in the special qualifying test held by the Public Service Commission in 1976
The petitioners have not challenged the said GOMS No 647 on the contrary they have placed reliance upon the same and have also prayed for the implementation of the same
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