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1983 (3) TMI 301 - SC - Indian Laws

Issues involved: Interpretation of Andhra Pradesh Registration and Subordinate Service Rules regarding the preparation of panels for appointments and promotions, delay in preparing the list of approved candidates, impact of rule amendments on promotions.

Judgment Summary:

Issue 1: Preparation of Panels for Appointments and Promotions
The petitioners, Lower Division Clerks, challenged the delay in preparing the list of approved candidates for promotion as Sub-Registrars Grade II, which affected their chances for promotion. The Administrative Tribunal found that the delay was unjustified and directed the preparation of a fresh panel for the relevant period. The Tribunal held that the actions taken were in violation of the rules and ordered the State of Andhra Pradesh to follow the rules for filling vacancies. The Tribunal's decision was challenged in two sets of appeals.

Issue 2: Impact of Rule Amendments on Promotions
The appellants argued that the list prepared in May 1977 was in accordance with the amended rules, and therefore, the petitioners had no grounds to challenge it. However, the Supreme Court held that under the old rules, a panel should have been prepared annually in September, and promotions should have been made accordingly. Vacancies occurring before the rule amendments should be governed by the old rules, not the amended ones. The Court emphasized that promotions to the post of Sub-Registrar Grade II would follow the new rules on a zonal basis, but vacancies prior to the amendments would be governed by the old rules.

In conclusion, the Supreme Court dismissed both sets of appeals, affirming the Tribunal's decision. The Court emphasized that vacancies occurring before the rule amendments should be filled according to the old rules, and promotions should have been made from the panel prepared in 1976. The Court found no merit in the appellants' contentions and ruled in favor of upholding the Tribunal's decision.

 

 

 

 

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