K.V. SUBBA RAO & ORS. ETC. versus GOVERNMENT OF ANDHRA PRADESH & ORS.

K.V. SUBBA RAO & ORS. ETC. versus GOVERNMENT OF ANDHRA PRADESH & ORS.

Rule 4(e) of the Andhra Pradesh Revenue Subordinate Service Rules, 1961 as amended on 9th October 1980 for fixing inter se seniority between direct recruits and promotees is constitutionally valid, but shall operate only prospectively and not retrospectively. The State must follow the rule scrupulously by effecting regular recruitment and calculating quotas as per the prescribed ratio.

Parties
Appellants: K.V. Subba Rao & Ors.; Respondents: Government of Andhra Pradesh & Ors.
Jurisdiction
India
Judgment Date
24 February 1988
Procedural Posture
Civil Appeals and Writ Petitions / Supreme Court Decision on Appeals From Andhra Pradesh Administrative Tribunal and Writ Petitions Under Article 32 of Constitution
Outcome
Appeals and writ petitions dismissed, except that Rule 4(e) as amended has only prospective operation.
Legal Topics
Determination of Seniority, Retrospective Application of Service Rules, Recruitment Quota, Binding Nature of Service Rules
Service Law Constitutional Law Determination of Seniority Retrospective Application of Service Rules Recruitment Quota Binding Nature of Service Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

K.V. Subba Rao & Ors.

Appellants

Government of Andhra Pradesh & Ors.

Respondents

Procedural Posture

Civil Appeals and Writ Petitions / Supreme Court Decision on Appeals From Andhra Pradesh Administrative Tribunal and Writ Petitions Under Article 32 of Constitution

Legal Issues

  1. 1 Whether Rule 4(e) of the Andhra Pradesh Revenue Subordinate Service Rules as amended in 1980 can be applied retrospectively
  2. 2 How inter se seniority between direct recruit and promotee Deputy Tehsildars should be fixed
  3. 3 Whether the ratio for direct recruitment and promotion must be followed regularly by the State

Ratio Decidendi

Rule 4(e) of the Andhra Pradesh Revenue Subordinate Service Rules, 1961 as amended on 9th October 1980 for fixing inter se seniority between direct recruits and promotees is constitutionally valid, but shall operate only prospectively and not retrospectively. The State must follow the rule scrupulously by effecting regular recruitment and calculating quotas as per the prescribed ratio.

Court Disposition

Appeals and writ petitions dismissed, except that Rule 4(e) as amended has only prospective operation.

Orders

  • Rule 4(e) as amended on 9 October 1980 shall not have retrospective effect and would operate prospectively.
  • State Government directed to determine substantive vacancies for direct recruitment within four months, fill vacancies by direct recruitment within four months thereafter, and draw seniority list based on Rule 4(e) on or before 31 December 1988.