Full Judgment Text
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PETITIONER:
MOHAMMED RAHMAT ALI
Vs.
RESPONDENT:
THE INSPECTOR OF REGISTRATIONAND STAMPS, ANDHRA PRADESH & OR
DATE OF JUDGMENT: 30/08/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
We have heard learned counsel on both sides.
This appeal by special leave arises from the order
dated April 15, 1993 of the Andhra Pradesh Administrative
Tribunal, Hyderabad made in RP No.5737/87. The appellant was
appointed in 1951 as a Copyist in the 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 of 1931
the High Court by judgment dated September 1, 1933 set aside
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 departmental tests, he was
not considered for promotion. He filed writ petition in the
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
Registration test and Accounts test Part 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.
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 insisting upon passing the
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departmental tests but gave double the time given to the
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
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 upon passing the departmental
tests, for promotion on par with his immediate 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 required 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 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 benefits.
The appeal is allowed. No costs.