30 August 1996
Supreme Court
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MAHAMMED RAHMAT ALI Vs I.G. OF REGISTRATION & STAMPS

Bench: RAMASWAMY,K.
Case number: C.A. No.-012019-012019 / 1996
Diary number: 89476 / 1993


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PETITIONER: MOHAMMED RAHMAT ALI

       Vs.

RESPONDENT: THE INSPECTOR OF REGISTRATIONAND STAMPS, ANDHRA PRADESH & OR

DATE OF JUDGMENT:       30/08/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      We have heard learned counsel on both sides.      This appeal  by special  leave arises  from  the  order dated April  15, 1993  of the  Andhra Pradesh Administrative Tribunal, Hyderabad made in RP No.5737/87. The appellant was appointed in  1951 as  a Copyist  in  the  Registration  and Stamps Department  in the erstwhile Government of Hyderabad. After formation  of Andhra Pradesh he was allotted to Andhra Pradesh services. By proceedings dated March 16, 1976 he was suspended from service. Though he was initially convicted by the Magistrate,  on appeal in Criminal Appeal No.581 of 1931 the High Court by judgment dated September 1, 1933 set aside the conviction  and acquitted  him of  all  the  charges  on merits. In  the meanwhile,  the appellant was dismissed from service on  July  16,  1981.  Consequently,  he  filed  R.P. NO.840/85. The Tribunal set aside the order and directed the Government to  consider his  case according  to rules. Since the appellant  had not passed the departmental tests, he was not considered  for promotion. He filed writ petition in the High Court in 1986 which directed the Government to consider his case.  He retired on attaining the age of superannuation on December  31, 1984.  Consequently, he  was entitled to be considered for promotion according to rules from the date on which his  immediate junior  was promoted with consequential benefits. It was found that the appellant had not passed the Registration test  and Accounts  test Part  and Part  II for Subordinate Officers  prescribed under  the  Special  Rules. Consequently, he  was not  given promotion.  Again when  the appellant  filed   R.P.  No.5737/87,  the  Tribunal  in  the impugned order  has dismissed the petition. Thus this appeal by special leave.      It is  not in  dispute that  the Government have issued orders in  G.O.Ms. No.783 dated September 7, 1971 whereunder the Government  have directed  that first stage promotion be given to all the persons recruited under Hyderabad Cadre and Recruitment  Rules,   without  insisting  upon  passing  the

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departmental tests  but gave  double the  time given  to the employees of Andhra Region for passing the tests. The matter was again examined in G.O. Ms. No.818 dated July 21, 1972 in consultation with  the team of Secretaries to the Government of India,  the State  Government reconsidered the matter and decided that  the employees  of the  erstwhile Government of Hyderabad allotted  to  the  State  of  Andhra  Pradesh,  be permanently exempted  from passing the departmental tests on reaching the  age of  45 years for the second and subsequent stages of  promotion after November 1, 1956. The appellant’s date of  birth is October 1, 1928 and he attained the age of 45 years  as on  October 1,  1973.  In  view  of  the  above exemptions under the orders passed by the Government for the first  and   subsequent  promotion  he  is  entitled  to  be considered, without  insisting upon passing the departmental tests, for promotion on par with his immediate junior. Since he had  attained the  age of superannuation as on October 1, 1973,  he  is  entitled  to  be  considered  on  merits  for promotion without  passing  the  Accounts  and  Registration tests. Resultantly,  he was not required to pass any test at any  time   before  he   was  superannuated.   Under   those circumstances, the  view of  the Tribunal  is not correct in law. The order of the Tribunal is, therefore, set aside. The Government is  directed to  consider his  case according  to rules for  promotion without  insisting upon his passing the departmental tests  prescribed under  the Special  Rules  or General Rules and to pass appropriate orders within a period of three  months from  the date of receipt of the order with all consequential benefits.      The appeal is allowed. No costs.