REPORTABLE IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 3352 OF 2007

V. AYYANNA      …. Appellant

Versus

GOVT. OF A.P. & ORS.    …. Respondents

JUDGMENT

Dr. MUKUNDAKAM SHARMA, J.

1. This appeal is preferred by the appellant challenging the  

legality  of  the  judgment  and  order  dated  03.11.2003  

passed by the Andhra Pradesh High Court in W.P. No.  

18386 of 2003 whereby the High Court has affirmed the  

judgment  and  order  of  the  Andhra  Pradesh  

Administrative Tribunal at Hyderabad dated 12.12.2002.  

By the said judgment and order, the State Administrative

Tribunal dismissed several Original Applications filed by  

the applicants, including the appellant herein.

2. There were number of feeder categories under the rules  

framed by the State  Government  in  G.O.Ms.  No.  3845  

dated  17.11.1964.  The  appellant  and  other  similarly  

situated persons were initially appointed during the years  

1971-1975. Sometime in the year 1978, the Government  

with the intention of having a rationalized structure of  

cadres of some posts, merged various categories of posts  

to  constitute  a  single  cadre  of  Health  Assistants,  

consequent upon which, the Government of India issued  

a G.O.M. No. 85 dated 21.01.1978, merging 10 categories  

including  the  post  of  Lab  Assistants,  Surveillance  

Workers,  Health  Sub-Inspectors  Grade-II,  Microscopist,  

Lab  Technician,  Basic  Health  Worker,  Field  Assistants  

and  Health  Assistants of  posts  to  that  of  Health  

Assistant’s post. It is also to be clarified at this stage that  

Basic  Health Workers,  Superior  Field Workers,  Malaria  

Surveillance  Workers  were  drawing  lesser  scale  of  pay  

than  that  of  the  pay-scale  attached  to  the  post  of  

Multipurpose Health Assistants at the relevant time. It is  

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also  required  to  be  stated  that  the  basic  qualification  

required  for  appointment  to  the  post  of  Multipurpose  

Health Assistant  was that  the  candidate  must  possess  

the academic qualification of intermediate and must have  

a  Sanitary  Inspector  Training  Course  [for  short  ‘SITC’]  

Certificate, which was in vogue on the date of G.O.Ms.  

No.  85,  dated  21.1.1978.  The  aforesaid  G.O.Ms.  

stipulated  that  Basic  Health  workers,  Malaria  

Surveillance Workers and others would continue to draw  

their own scale of pay till they acquire the SITC certificate  

and get converted as Health Assistants.  

3. The appellant herein was not having a SITC certificate  

qualification as on 21.01.1978 and he acquired the said  

SITC certificate subsequently.  

4. After  the  issuance  of  the  aforesaid  notification  and  

creation of one cadre of Health Assistants, a seniority list  

was  prepared  in  the  cadre  of  Multipurpose  Health  

Assistant Workers. The said seniority list in that cadre  

came  to  be  challenged  before  the  State  Administrative  

Tribunal attacking the principle of fixation of seniority on  

the  basis  of  qualifications.  Pursuant  to  the  aforesaid  

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challenge, the Tribunal decided the said issue in R.P. No.  

2860 of 1987 and batch and separately in O.A. No. 5410  

of 1994 and batch. In terms of the order passed by the  

Tribunal,  the  respondents  proceeded  to  prepare  a  

seniority list dated 03.09.1998.  

5. The appellant  herein and some other  persons,  without  

seeking any review of  the earlier  orders passed by the  

Tribunal in R.P. No. 2860 of 1987 and batch and O.A.  

No.  5410  of  1994  and  batch,  which  had  incidentally  

become  final  and  binding  and  pursuant  to  which  the  

aforesaid seniority  list  was prepared in the  year 1998,  

challenged not only the aforesaid seniority list, but also  

the  principle  laid  down by  the  Tribunal  in  the  earlier  

orders passed in R.P. No. 2860 of 1987 and batch and  

O.A.  No.  5410  of  1994  and  batch.   The  State  

Administrative  Tribunal,  after  considering  the  issues  

raised by the appellant herein and others, dismissed the  

said petition on the ground that the principle of fixation  

of seniority in the cadre of Health Assistants was already  

settled in view of the decision in the aforesaid R.P. and  

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O.A.  which  had  since  become  final  and  binding  and,  

therefore, no interference was called for.  

6. Being aggrieved by the said order, the appellant herein  

and others  filed various  Writ  Petitions before  the  High  

Court which were taken up together, and by a common  

judgment  and  order  dated  03.11.2003,  High  Court  

dismissed  all  the  Writ  Petitions  including  that  of  the  

appellant herein. Being aggrieved by the said judgment  

and order of the High Court, present appeal by way of a  

Special  Leave  Petition  is  filed  on  which  we  heard  the  

learned counsel appearing for the parties.

7. Counsel appearing for the appellant submitted before us  

that the appellant, pursuant to the G.O.Ms. No. 85 dated  

21.01.1978, is entitled to get his seniority in the category  

of Multipurpose Health Assistant from the date on which  

their services were regularized in the category of Basic  

Health  Worker  /  Field  Worker  /  Malaria  Surveillance  

Worker,  etc.  He also  submitted  that  the  very  principle  

settled  by  the  Tribunal  in  R.P.  No.  2860 of  1987 and  

batch and O.A. No. 5410 of 1994 and batch is illegal and  

contrary  to  law.  It  was  his  further  submission  that  

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seniority  should  always  be  counted  from  the  date  of  

appointment and, therefore, giving the benefit of seniority  

from an artificial date is arbitrary and required to be set  

aside and quashed.  

8. Counsel appearing for the respondent, however, refuted  

the aforesaid allegations and submitted that the criteria  

of fixation of seniority having been settled by the State  

Tribunal in R.P. No. 2860 of 1987 and batch and O.A.  

No. 5410 of 1994 and batch, and the appellant having  

not  taken  any  steps  to  get  the  same  set  aside  and  

quashed by filing a separate petition before the Tribunal,  

the said principle, which has become final and binding,  

cannot be challenged at such a distant stage. It was also  

submitted that the appellant  was working in the  scale  

lower  than that  of  Multipurpose  Health  Assistant  and,  

therefore, he cannot ask for his seniority from the date of  

issuance  of  the  notification  by  the  State  Government  

creating single cadre effective from 21.01.1978,  but he  

would be entitled to get his seniority once he acquired  

the qualification of acquiring the SITC certificate, which  

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was one of the essential qualifications for appointment to  

the said post.  

9. In the light of the aforesaid submissions of the counsel  

appearing for the parties, we have considered the records  

in  depth.  The  appellant  was  working  as  Basic  Health  

Worker which was carrying a lesser pay-scale than that  

of the Multipurpose Health Assistant. The aforesaid post  

to which the appellant was appointed and on which he  

was working as on 21.01.1978, did not belong to or was  

equivalent to the post of Health Assistant. However, the  

State  Government,  in  order  to  have  a  rationalized  

structure of posts, merged various categories of posts to  

constitute  a  single  cadre  of  Health  Assistants.  

Consequently, the Government also issued the aforesaid  

G.O.Ms. No. 85 dated 21.01.1978 merging various posts  

including  that  of  the  Basic  Health  Worker  to  

Multipurpose Health Assistant. It may be stated at this  

stage that under the then existing rules framed by the  

Government which was in operation and in vogue as on  

21.01.1978, the qualification for appointment to the post  

of  Health  Assistant  was  intermediate  pass  with  a  

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certificate  of  Sanitary  Inspector  Training  Course.  The  

appellant did not have the said qualification as he did not  

possess a  certificate  of  the  aforesaid  nature,  therefore,  

although  his  post  was  merged  with  that  of  the  

Multipurpose  Health  Assistants, he  was  not  given  the  

same  pay-scale  till  he  had  acquired  the  aforesaid  

qualification  or  possessing  a  SITC  certificate.  The  

aforesaid  actions  were  taken  by  the  respondents  

pursuant to the specific  stipulations in the notification  

itself  which stated that  Basic  Health  Workers,  Malaria  

Surveillance Workers and others would continue to draw  

their own scale of pay till  they acquire SITC certificate  

and  get  converted  as  Health  Assistants.  The  appellant  

was  not  having  SITC  certificate  qualification  as  on  

21.01.1978  and  he  had  acquired  SITC  certificate  

subsequently.  

10.State Government subsequently issued revised rules in  

G.O.Ms. No. 273, Health dated 24.04.1989 as far as the  

post of Multipurpose Health Assistant is concerned. The  

said rules were given retrospective effect from 01.04.1983  

and an order was also issued on 30.03.1982 by the State  

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Government  to  prepare  a  seniority  list  in  the  feeder  

categories as per G.O.Ms. No. 85 dated 21.01.1978.  

11. The follow-up action taken by the State Government was  

challenged by some of the employees by filing R.P. No.  

1530/1985. The State Tribunal disposed of the said R.P.  

by its judgment dated 05.07.1986. Subsequent thereto,  

another judgment was rendered by the said Tribunal in  

R.P. No. 2860/1987 and batch which was delivered on  

25.09.1987 in  which various  directions were issued to  

Respondents  for  preparation  of  the  seniority  list.  

Subsequently,  OAs  No.  5410/94  and  batch  were  filed  

seeking a direction to the Respondents to implement the  

judgment  dated  25.09.1987.  The  above  OAs  were  

disposed of on 28-11-1995 issuing directions to the State  

Govt.  in  terms  of  the  directions  issued  earlier  in  the  

judgment dated 25.09.1987 in R.P. No. 2860/1987 and  

batch.  In both the judgments,  i.e.  the  judgment  dated  

25.09.1987 in  R.P.  No.  2860/1987 and batch and the  

judgment  dated  28.11.1995  in  OAs  No.  5410/94  and  

batch,  it  was  categorically  held  that  Basic  Health  

Workers  and  others  who  were  not  required  to  pass  

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Sanitary Inspector Training Course for regularization in  

their  service  but  who  were  designated  as  Health  

Assistant on passing the SITC shall count their seniority  

in  the  category  of  Health  Assistants  from  

21.01.1978/01.01.1980 or from the date of passing the  

SITC,  whichever  is  later,  the  inter  se seniority  among  

them being  determined on the  basis  of  their  length of  

service in the lower category of Basic Health Workers etc.

12.Consequent upon the directions given in the aforesaid  

judgments, a seniority list was prepared on 03.09.1998,  

the legality and validity of which was challenged before  

the Tribunal and also before this Court.

13.The aforesaid facts make it crystal clear that the orders  

which  were  passed  by  the  Tribunal  in  the  earlier  

litigation  had  become  final  and  binding  and  the  final  

seniority  list  was  prepared  in  compliance  thereof.  The  

effect of the said final seniority list is that the appellant  

would get his seniority in the aforesaid cadre from the  

date he has obtained the SITC certificate and not from a  

prior date. It is needless to point out, and also made clear  

hereinbefore, that possession of a SITC certificate is an  

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essential qualification, and as such, the appellant could  

not have claimed his seniority from a retrospective date.  

He could get  his seniority only from the date when he  

acquired such a certificate in terms of the provisions of  

the rules.  

14.As the principles stated say that the persons who have  

been re-designated as Health Assistants on passing the  

SITC certificate would count their seniority in the cadre  

as Health Assistant from 21.01.1978/01.01.1980 or from  

the date of passing the SITC certificate whichever is later,  

the Tribunal upheld the aforesaid position and held that  

the appellant would be entitled to get his seniority on the  

aforesaid principle, i.e., from 20.01.1978/01.01.1980 or  

from the date of passing the SITC certificate, whichever is  

later.  The  aforesaid  findings  recorded  by  the  Tribunal,  

which reiterated the earlier orders passed by the Tribunal  

on 25.09.1987 and 28.11.1995,  appear  to be just  and  

proper and cannot be said to be in any manner to be  

arbitrary.  

15.In terms of the circular issued by the Government, the  

appellant although appointed initially to the category of  

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Health Assistant, could not be so appointed on a regular  

basis  till  he  had  passed  the  SITC  and  therefore,  his  

seniority will have to be counted from the date when he  

obtained  such  a  certificate  or  from  

21.01.1978/01.01.1980, whichever is later, and he could  

not  have  claimed  for  a  seniority  position  prior  to  the  

effective date as he was not eligible to hold such a post.

16.Considering the facts and circumstances of the case, we  

are  of  the  considered  opinion  that  the  judgment  and  

order passed by the High Court affirming the judgment  

and order passed by the Tribunal is legal and valid and  

that there is no infirmity in the said orders.  

17.Consequently,  we  find  no  merit  in  this  appeal,  which  

stands dismissed but we leave the parties to bear their  

own costs.

   ............................................J

       [ J.M. Panchal ]

............................................J

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       [Dr. Mukundakam Sharma]

New Delhi, September 23, 2010.

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