V.V. Sarma and ors. Vs. State of Andhra Pradesh and ors. - Court Judgment

Excerpt:
constitution - administrative convenience - articles 16, 226, 309, 311, 311 (2) and 311 of constitution of india and rule 37 of hyderabad state and subordinate services rules - two writ petitions one seeking implementation and other seeking non implementation of go ms. no. 179 - go in question provides for combined seniority list after merger of technical and non-technical departments of tate - demolition or reduction in rank of petitioners will result consequence of joint seniority list - held, impugned go is in violation of provisions of constitution and cannot be implemented. - order1. w. p. no. 607 of 1967 has been filed by three petitioners seeking a writ of mandamus to restrain the government from implementing the g. o. ms. no. 179 public works department d/- 2-2-1966 in so far as it relates to them. w. p. no. 938 of 1967 has been filed by three petitioners seeking a wit of mandamus to direct the respondents 1 and 2 to implement the g. o. ms. no. 179. public works department dated 2-2-1966 and the petitioners in w. p. no. 607 of 1967 have been made respondents 3 to 5 in this writ petition. it will be convenient to deal with the two writ petitions separately. 2. w. p. no. 607 of 1967: the electricity department had two wings (1) office of the chief engineer. electricity (projects and board) and (2) office of the chief electrical inspector to government. by an appropriate order dated 14-8-1957, the post of the chief electrical inspector to government was merged with the post of the chief engineer, electricity. these two wings had separate units. as a measure of policy, the government of andhra pradesh decided to merge the non-technical staff of the electrical inspectorate with the office of the chief engineer (projects and board) with effect from 14-8-1957 and have issued g. o. ms. no. 179, public works department. dated 2-2-1966. the g. o. is in these terms. government of andhra pradesh abstract electricity department - establishment - chief electricity inspector to government - merger of non-technical staff with staff of the office of the chief engineer, electricity (projects and board) - orders - issued. . ... ... ... ... public works department. g. o. ms. no. 179 dated 2-2-1966 read the followings.from the chief engineer (projects and board) lr. no. adm. roc. 156- p5/59-99, dated 13-12-1965.

Judgment:
ORDER

1. W. P. No. 607 of 1967 has been filed by three petitioners seeking a writ of Mandamus to restrain the Government from implementing the G. O. Ms. No. 179 Public Works Department D/- 2-2-1966 in so far as it relates to them. W. P. No. 938 of 1967 has been filed by three petitioners seeking a wit of Mandamus to direct the respondents 1 and 2 to implement the G. O. Ms. No. 179. Public Works Department dated 2-2-1966 and the petitioners in W. P. No. 607 of 1967 have been made respondents 3 to 5 in this writ petition. It will be convenient to deal with the two writ petitions separately.

2. W. P. No. 607 of 1967: The Electricity Department had two wings (1) Office of the Chief Engineer. Electricity (Projects and Board) and (2) Office of the Chief Electrical Inspector to Government. By an appropriate order dated 14-8-1957, the post of the Chief Electrical Inspector to Government was merged with the post of the Chief Engineer, Electricity. These two wings had separate units. As a measure of policy, the Government of Andhra Pradesh decided to merge the non-technical staff of the Electrical Inspectorate with the office of the Chief Engineer (Projects and Board) with effect from 14-8-1957 and have issued G. O. Ms. No. 179, Public Works Department. dated 2-2-1966. The G. O. is in these terms.

Government of Andhra Pradesh

Abstract

Electricity Department - Establishment - Chief Electricity Inspector to Government - Merger of Non-Technical Staff with staff of the office of the Chief Engineer, Electricity (Projects and Board) - Orders - Issued. . ... ... ... ...

Public Works Department.

G. O. Ms. No. 179

Dated 2-2-1966

Read the followings.

From the Chief Engineer (Projects and Board) Lr. No. Adm. Roc. 156- P5/59-99, dated 13-12-1965.