THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.8477 of 1999 Dated:14.09.2011 Between: R.Jojappa .. Petitioner And The Government of Andhra Pradesh, represented by its Secretary, Home (Stationery and Stores Purchase) Department, Secretariat Buildings, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.8477 of 1999 ORDER: (per Hon’ble Sri Justice V.V.S.Rao) In this writ petition filed by a retired Junior Reader in Government Printing Department against the order dated 06.11.1998 in O.A.No.65970 of 1990 of the Andhra Pradesh Administrative Tribunal, the only question that would arise for consideration is whether the third respondent herein was not justified in issuing orders on 10.03.1987 communicating the revised seniority list of Junior Readers in cancellation of the seniority list dated 25.09.1985. By impugned order, the learned Tribunal answered the question in negative and disposed of the petitioner’s O.A. filed by the petitioner. The petitioner was originally appointed to the post of Copy Holder on 26.07.1956 in Printing Department at Kurnool. He was promoted to the post of Junior Reader on 23.06.1961. As a matter of fact, he passed the Government Technical Examination (GTE) on 30.06.1973 and he retired from service as Senior Reader on 30.06.1996. These facts are not disputed. There is also no serious dispute that the service conditions of various categories of officers in the Printing Department at the relevant point of time were governed by the Madras Government Press Subordinate Service Rules (hereafter, the Madras Rules) consisting of four Classes of employees and different Categories in each Class. There is also no dispute that the post of Copy Holder is Category 10 in Class - I and that of Junior Reader is Category 9(c) of Class I. The third respondent finalized the seniority list of Junior Readers vide proceedings dated 25.09.1985. The petitioner was shown at Sl.No.18. However, by proceedings dated 10.03.1987, the third respondent cancelled the earlier seniority list and issued a revised seniority list, wherein the petitioner was shown at Sl.No.44, which was assailed before the Tribunal in the O.A. The petitioner would contend that the seniority list is unsustainable; the petitioner’s seniority was reckoned from the date of acquiring GTE qualification; the Tribunal did not issue any such direction; the order in G.O.Ms.No.139, dated 16.03.1973, does not contemplate counting of the seniority from the date of acquiring GTE; and the Rules which came into force subsequent to petitioner’s promotion as Junior Reader on 23.06.1961 cannot be made applicable to him. The counsel for the petitioner reiterated the above contentions. These contentions are refuted by the Government Pleader for Services – I. The Government of Andhra Pradesh promulgated the Special Rules for the Andhra Pradesh Printing Subordinate Service Rules, 1964 (Rules, 1964) vide G.O.Ms.No.1055, dated 29.07.1964. In these Special Rules, the posts of Copy Holder and Junior Reader are included in Categories 5 and 4 of Class - IV respectively. The recruitment to the post of Junior Reader is by promotion to the post of Copy Holders and direct recruitment is resorted to only when suitable candidates in the feder Category are not available. The method of recruitment to the post of Copy Holder is by direct recruitment. As per Rule 6 of the Rules 1964, no person shall be eligible for appointment to the category, unless he possesses the qualifications specified in the annexure to the Rules. A pass in GTE in Proof Reader work by (lower grade) is essential and requisite qualification for being promoted to the post of Junior Reader. As these Rules were promulgated in July, 1964 and the petitioner was promoted as Junior Reader on 23.06.1961, these Rules may not have any bearing. But as can be seen from Rule 10 of 1964 Rules earlier set of rules namely Madras Rules stood repealed by 1964 Rules. There is no dispute that when the petitioner was promoted as Junior Reader, his service conditions are governed by the Madras Rules. The question, therefore, is whether there is any stipulation therein that a Copy Holder must have passed GTE for being promoted to the post of Junior Reader. As per Rule 5 of Madras Rules, a pass in GTE is essential requisite qualification for the post of Junior Reader. Therefore, we do not find any merit in the submission of the petitioner’s counsel, that when the petitioner was promoted to the post of Junior Reader, there is no such qualification. Three Junior Readers filed R.P.No.787 of 1979 before the Tribunal challenging the provisional seniority list dated 23.04.1979 of the Junior Readers. By an order dated 28.12.1982, the Tribunal allowed the said R.P. directing the respondents therein to prepare the seniority list of Junior Readers in terms of G.O.Ms.No.139, dated 16.03.1973. A tentative seniority list was prepared vide proceedings dated 22.02.1984 and objections were called for. After examining the representations of the employees by proceedings dated 22.04.1984, a final seniority list was notified. But it was kept in abeyance and the revised seniority list dated 25.09.1985 was published basing on the date of promotion. In the meanwhile, two other Junior Readers filed W.P.No.15060 of 1985 before this Court seeking a direction to the respondents to implement the orders of the Tribunal in R.P.No.787 of 1979. By an order dated 03.02.1986, this Court disposed of the said writ petition directing the respondents to implement the orders within four months and they were injuncted not to take any action contrary to the Tribunal’s order. In R.P.No.787 of 1979, as the Tribunal directed for preparation of seniority list in accordance with G.O.Ms.No.139, it is necessary to deviate a little and refer to the said G.O. One A.Narayana Murthy and others represented to the State Advisory Committee (SAC) formed under the State Reorganization Act, 1956 complaining that incorporation was not done in the Category of Copy Holder; seniority list was not prepared; they were promoted as Junior Readers for Hyderabad Press and subsequently reverted on the plea that all the sanctioned posts belong to Telangana area only. They requested to fix their seniority taking into consideration the combined gradation list of Copy Holders of both the Government Central Press, Hyderabad and Government Press, Kurnool. The petitioner herein also made a representation claiming seniority in the Category of Junior Readers with effect from 01.11.1956. After considering the representation, the SAC, as directed, the matter was placed before the Joint Secretaries Committee (JSC) for advice. The JSC recommended that the claims of promotion of all the employees whoever was in service in Hyderabad Press as on 01.11.1956 should have been considered in the first instance before promoting the employees who were shifted from Kurnool Press. In the light of the recommendations of the JSC, the Government directed to include the names of A.Narayana Murthy and other Junior Readers of Kurnool Press in the combined seniority list of Copy Holders of Hyderabad Press while applying Cadre and Recruitment Rules for promotion of Copy Holders who were in service as on 01.11.1956 only. From this, it is very clear that all those Copy Holders, who were in service as on 01.11.1956 whether at Kurnool Press or Hyderabad Press, are required to have requisite qualifications as per Rule 5 of the Madras Rules i.e., a pass in GTE (lower) grade. There is no dispute that the petitioner passed GTE on 30.06.1973 and, therefore, in the seniority list dated 10.03.1987 petitioner was placed at Sl.No.44. While preparing the seniority list, the third respondent ensured that the Copy Holders of Kurnool Press posted in Hyderabad Press were placed after the Copy Holders of Hyderabad Press which in accordance with the recommendation of the SAC. The order of the Tribunal cannot be faulted nor it suffers from any error. The writ petition is devoid of merit and is accordingly dismissed. There shall be no order as to costs. ________________ (V.V.S. RAO, J) ___________________ (K.G.SHANKAR, J) 14.09.2011 KH