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2002 DIGILAW 384 (AP)

B. Muniratnam v. Registrar (General) High Court of A. P. , Hyderabad

2002-03-08

body2002
AR. LAKSHMANAN, C. J. ( 1 ) HEARD Sri K. Kishore Kumar Reddy for the petitioner and Sri C. V. Nagarjuna Reddy for the High Court. ( 2 ) THE writ petition has been filed for the following reliefs:". . . . . . . . . . . TO issue a suitable writ, order or direction more particularly in nature of writ of mandamus declaring that non-adherence of the Government Order in G. O. Ms. No. 277, General Administration (SC and ST Cell. B) Department, dated 22-3-1976 in the matter of strictly following and applying the Special Rules related to the principle reservation to appointments made otherwise than by direct recruitment and also maintaining of a separate roster in the form appended to the G. O. for each type of such appointment to which reservation has been made applicable by the Special Rules in respect of each such category for the purpose of applying the same for promotions and or recruitment by transfer in respect of that category by respondent No. 2 as illegal, arbitrary and violative of principles of natural justice and further direct the respondent No. 2 to immediately prepare the seniority list on the basis of the said roster system following the Rules of Reservation to SC and ST employees and consequently give promotion to the petitioner on par with his juniors in the said reserved quota together with all the monitory benefits and pass such other order or orders as this Hon ble Court may deem fit and proper in the circumstances of the case. " ( 3 ) ACCORDING to the learned Counsel for the petitioner, in case of persons belonging to Scheduled Caste and Scheduled Tribe all the Departments of Secretariat, Heads of Departments and all other appointing authorities under them are required to strictly follow and implement G. O. Ms. No,277, GAD (SC and ST Cell B) dated 22-3-1976 in respect of the principle of reservation, maintaining of the seniority list, promotions, maintenance roaster system, etc. , etc. No,277, GAD (SC and ST Cell B) dated 22-3-1976 in respect of the principle of reservation, maintaining of the seniority list, promotions, maintenance roaster system, etc. , etc. , as per the G. O, The relevant and important portions of the aforesaid G. O. , are extracted below:"4 (ii) Where the Special Rules provide that principle of reservation shall apply to appointments made otherwise than by direct recruitment also a separate roster should be maintained in the form appended for each type of such appointment, to which reservation has been made applicable by the Special Rules in respect of each such category for instance, if in respect of a category the Special Rules provide that reservation should apply for promotion, and or recruitment by transfer a separate register/registers should be maintained to watch the observance of reservation in promotions/recruitment by transfer in respect of that category. Such registers should be maintained separately for (a) regular appointments; and (b) temporary appointments (iii ). . . . . . . . . . . . . . . . . . . . . . . . . . . . (iv) No gap should be left in the roster. (v) At the beginning of each calendar year, particulars of reservation brought forward from previous years should be noted in the register. Appointments to such reserved vacancies be made first before the cycle of rotation is continued from the last point of the previous recruitment year. (vi) An extract should be given in the roster after the last entry in any recruitment year, showing the number of reservations to be carried forward to the succeeding recruitment year separately for Scheduled Castes and Scheduled Tribes. 5. All the Departments of Secretariat, Heads of Departments and all other appointing authorities under them are requested to ensure that the rosters are maintained properly and correctly not only in their offices, but also in all subordinate until offices under their administrative control. They are also requested to review the position every six months and see that the rosters are correctly and properly maintained. They are also requested to review the position every six months and see that the rosters are correctly and properly maintained. " ( 4 ) ACCORDING to the petitioner, the District Judge, Chittoor did not prepare the roster and followed the reservations while giving promotions and therefore injustice has been caused to the petitioner by way of loss of promotion and monetary benefits solely on account of the failure of the 2nd respondent herein in not maintaining the separate rosters and seniority list of the SC and ST candidates by strictly following the above G. O. It is further submitted if the District Judge had maintained the roster and followed the seniority as per the above G. O. , he would have got promotion to the next category long back and he be eligible for applying to the post of Junior Civil Judge. ( 5 ) THE petitioner s Counsel states that the petitioner made a representation on 21-12-2001 to the District Judge requesting him to consider his case sympathetically and fix the seniority as per rules, but the District Judge did not take any action on his representation and due to the inaction of the District Judge in not maintaining the roaster and fixing the seniority as per the above G. O. , the petitioner is deprived of applying for the post of Junior Civil Judge. Therefore, the petitioner has filed the above writ petition with the aforesaid prayer. ( 6 ) ALONG with the writ petition, the petitioner has also filed WPMP No. 5112 of 2001 to direct the District Judge, Chittoor to issue application for the post of Junior Civil Judge as per the notification dated 29-1-2002 and further direct him to receive the duly filled in application and allow the petitioner for written examination for the post in question. ( 7 ) THE Register General of this Court has filed counter-affidavit denying the allegations contained in the writ petition. ( 8 ) WE have considered the rival submissions made by the Counsel appearing on either side. ( 7 ) THE Register General of this Court has filed counter-affidavit denying the allegations contained in the writ petition. ( 8 ) WE have considered the rival submissions made by the Counsel appearing on either side. With regard to the contention raised by the petitioner s Counsel referred to above, we are of the opinion that as per Rule 12 of the Andhra Pradesh Judicial Ministerial Service Rules, 1964, the rule of special representation (Rule 22 of Part II of the Andhra Pradesh State Judicial Service Rules) shall apply except in the case of Physically Handicapped person insofar as it relates to Scheduled Castes, Scheduled Tribes, Backward Classes and Ex-Servicemen for appointment by direct recruitment only and as such the rule of special representation is followed by the all Units Heads while making appointments by direct recruitment only. It is also to be noticed that there is no provision for reservation for appointments made otherwise than by direct recruitment in the said rules. Hence, the contention raised by the learned Counsel for the petitioner is far fetched and therefore the question of considering the case of the petitioner for promotion by following the rule of reservation does not arise. The writ petition, in our opinion, is wholly without merit and is liable to be dismissed. Accordingly, we do so. No costs.