STATE OF ANDHRA PRADESH versus V.C. SUBBARAYUDU AND ORS.

STATE OF ANDHRA PRADESH versus V.C. SUBBARAYUDU AND ORS.

The action of the State Government under GOM 304 to take over only the cadre of Divisional Accountants from administrative control and not the SAS Cadre is neither discriminatory nor violative of Article 14, as it is a matter of State policy clearly set forth in GOM 304, and the Tribunal erred in its contrary interpretation.

Parties
Appellant: State of Andhra Pradesh; Respondents: V.C. Subbarayudu and Ors.
Jurisdiction
India
Judgment Date
22 January 1998
Procedural Posture
Civil Appeal / Final Decision on Appeal From Andhra Pradesh Administrative Tribunal
Outcome
Appeal allowed; Tribunal's judgment set aside.
Legal Topics
Absorption of Deputationists, State Service, Divisional Accountants Cadre, Subordinate Accountants Service (sas) Cadre, Government Policy Discretion, Article 14 (equality Before Law), Judicial Self Discipline
Service Law Constitutional Law Absorption of Deputationists State Service Divisional Accountants Cadre Subordinate Accountants Service (sas) Cadre Government Policy Discretion Article 14 (equality Before Law) +1 more

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Parties

State of Andhra Pradesh

Appellant

V.C. Subbarayudu and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Decision on Appeal From Andhra Pradesh Administrative Tribunal

Legal Issues

  1. 1 Whether GOM 304 dt. Nov. 20, 1979, required the State Government to give the benefit of option for absorption in State Service to SAS Cadre Accountants as well as Divisional Accountants.
  2. 2 Whether the action of the State Govt. in restricting absorption to Divisional Accountants Cadre alone was discriminatory and violative of Article 14 of the Constitution.

Ratio Decidendi

The action of the State Government under GOM 304 to take over only the cadre of Divisional Accountants from administrative control and not the SAS Cadre is neither discriminatory nor violative of Article 14, as it is a matter of State policy clearly set forth in GOM 304, and the Tribunal erred in its contrary interpretation.

Court Disposition

Appeal allowed; Tribunal's judgment set aside.

Orders

  • The impugned judgment of the Andhra Pradesh Administrative Tribunal is set aside.
  • Original Applications (OAs) filed by the respondents are dismissed.