K. MADHAVAREDDY VS GOVERNMENT OF ANDHRA PRADESH

K. MADHAVAREDDY VS GOVERNMENT OF ANDHRA PRADESH
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 4947-4951 OF 2014
(Arising out of S.L.P. (C) Nos.36274-36278 of 2010)

K Madhava Reddy & Ors.                                               Appellants
Versus

Govt. of Andhra Pradesh & Ors.                                Respondents

These appeals are directed against an order dated 9th March, 2007 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad whereby the High Court has set aside the order passed by the State Administrate Tribunal in OA No.6334 of 1997 to the extent the same holds the judgment of this Court in V. Jagannadha Rao and Ors. v. State of Andhra Pradesh and Ors. (2001) 10 SCC 401, to be prospective in its application. An order dated 3rd November, 2010 passed by the High Court dismissing a review petition filed by the appellants against the said order has also been assailed. A three-Judge Bench was examining whether Special Rules framed by the Governor of Andhra Pradesh under proviso to Article 309 of the Constitution to the extent the same permitted “appointment by transfer” to a higher category on the basis of seniority-cum-efficiency were violative of para 5(2) of the Presidential Order issued under Article 371-D of the Constitution of India, 1950.The question had arisen on account of a challenge mounted by the Ministerial employees of the Labour Department against GOMs No.72 dated 25th February, 1986 and GOMs No.117 dated 28th May, 1986 whereunder UDCs in the Labour Department and those working in Factories and Boilers Department were made eligible for recruitment by transfer to the posts of Assistant Inspectors of Labour and Assistant Inspectors of Factories. A full Bench of Tribunal before whom the challenge came up for consideration declared that the impugned Rules to the extent they enabled the Ministerial employees of the Factories and Boilers Department or any other department to be considered for appointment to the posts in the Labour Department were violative of paras 3 and 5 of the Presidential Order and hence void. The judgement of this case is given below...read more