9911796707
TMI Blog1983 (3) TMI 301X X X X Extracts X X X X X X X X Extracts X X X X ..... of by a common judgment. 2. The petitioners in the two representation petitions are working as Lower Division Clerks in the Department of Registration and Stamps, Andhra Pradesh. Rule 4(a)(1)(i) of the Andhra Pradesh Registration and Subordinate Service Rules, lays down that all first appointments to a service, State or Subordidate, and all promotions in a service otherwise than in accordance with Clause (ii) of Sub-rule (b) of Rule 34 shall be made by the appointing authority or the authority specified in Sub-rule (c), as the case may be, from a list of the approved candidates. The rule further provides that such list shall be prepared in the prescribed manner by the appointing authority or any other authority empowered in the special ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Memo No. 1476/ Service/A/72-2 dated 7th of November, 1975. The Memo dated 7th of November, 1975 in paragraphs 5 and 6 states : 5. It needs hardly be urged that prompt preparation of panels is essential both for increasing administrative efficiency, and also for filling up vacancies without delay. 6. All the appointing authorities are directed to bear in mind the instructions issued on the preparation of panels and ensure that the panels are prepared promptly in the month of September every year. 4. In the light of the rules and instructions mentioned above, a list of approved candidates should have been prepared as on 1st September, 1976 for making appointments to the grade of Sub-Registrars Grade II by transfer. The grievance o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts Nos. 3 to 15, who were juniors to the petitioners in the category of Lower Division Clerks, have been promoted as Sub-Registrars Grade II and the petitioners who were senior to those respondents have been denied their legitimate chance of promotion. The petitioners in the two representation petitions, therefore, prayed for cancellation of the appointment of respondents Nos. 3 to 15 and for their appointment in the vacancies that existed from 1st September, 1976 to 31st August, 1977. The petitioners further sought direction to the respondents Nos. 1 and 2 to prepare a panel or list of the Upper Division Clerks and Lower Division Clerks eligible for appointment by transfer as Sub-Registrar Grade II according to old Rule 5 of Andhra Prades ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1976-77 should have been taken up on the basis of the seniority list for zone IV. Had such a list been prepared according to the Andhra Pradesh Registration and Subordinate Service Rules, the eligibility of the candidates would naturally have been considered without reference to the amendment issued in March, 1977. On these findings the Tribunal held that the action taken by the Inspector-General of Registration and Stamps to make appointments against vacancies arising during the period 1976-77 from amongst the 'leftovers' of the panels drawn up in April, 1975 and to dispense with the preparation of panel for 1976-77 was in violation of the rules and thus liable to be set aside, and it directed the State of Andhra Pradesh and the I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel for the parties, we find no force in either of the two contentions. Under the old rules a panel had to be prepared every year in September. Accordingly, a panel should have been prepared in the year 1976 and transfer or promotion to the post of Sub-Register Grade II should have been made out of that panel. In that event the petitioners in the two representation petitions who ranked higher than the respondents Nos. 3 to 15 would not have been deprived of their right of being considered for promotion. The vacancies which occurred prior to the amended rules would be governed by the old rules and not by the amended rules. It is admitted by counsel for both the parties that henceforth promotion to the post of Sub-Registrar Grade II will ..... X X X X Extracts X X X X X X X X Extracts X X X X
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