TMI Blog1993 (3) TMI 388X X X X Extracts X X X X X X X X Extracts X X X X ..... oted from the Subordinate judiciary. The respondents were initially appointed on temporary basis in the year 1978/1979 but they were made substantive in the year 1983. The petitioners who were appointed substantively in the year 1981 claim seniority over the respondents by way of this petition under Article 32 of the Constitution of India. The recruitment to the Andhra Pradesh Higher Judicial Service (the Service) is governed by the Rules called The Andhra Pradesh State Higher Judicial Service Special Rules (the Special Rules). Rules 1, 2, 4 and 6 of the Special Rules which are relevant are as under: Rule 1. Constitution:- The service shall consist of the following categories:- Category-1 :- District and Sessions Judges 1st Grad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was continuously on duty in that category. We may briefly notice the scheme of the Special Rules. Rule 1 constitutes the Service. Category-1 consists of District and Sessions Judges' 1st grade and Category-II consists of District and Sessions Judges Second grade. Rule 1 does not say that Service shall consist of only permanent posts. All the posts designated as District and Sessions Judges Second grade under Category-II are part of the service under Rule 1. In other words, as and when a post of District and Sessions Judge Second grade is created permanent or temporary it becomes part of the Service under Rule 1 of the special Rules. Rule 2 provides the method of appointment. Appointment to Category-1 is from Category-II. Appointm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt post is of no consequence. A person is entitled to the fixation of his seniority on the basis of continuous length of service rendered either against permanent post or temporary post. The three petitioners were appointed as District and Sessions Judges Second grade by direct recruitment on October 12, 1981. Petitioners 1 and 2 joined service on October 23, 1981 and petitioner 3 on October 30, 1981. Respondents 4 to 16 were appointed District and Sessions Judges Second grade by transfer from amongst the Subordinate Judges during the years 1978/79. It is not disputed that permanent vacancies in their quota became available in the year 1983. We, therefore, proceed on the basis that the petitioners were appointed substantive members of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cancies having been made available for respondents 4 to 16 in the year 1983 their service prior to that date cannot be counted towards seniority. Before dealing with Mr. Rao's contentions, we may notice two preliminary contentions raised by Mr. K. Madava Reddy, learned counsel for the respondents. Mr. Madava Reddy has invited our attention to the judgment of a Division Bench of Andhra Pradesh High Court in T.H.B. Chalapathi and others v. High Court of Andhra Pradesh and others, Writ Petition Nos. 1968/82, 52/83 and 12282/85 decided on December 28, 1985. Those writ petitions were filed before the Andhra Pradesh High Court by the direct recruits to Category-II of the Service claiming seniority over the persons who were appointed to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rits. We see no force in the contention of Mr. Rao that the Service consists of only permanent posts under the Special Rules. We have already interpreted Rule 1 to mean that the Service under the Special Rules consists of all the posts permanent and temporary which have been designated as District and Sessions Judges Second grade. Even otherwise in the absence of any prohibition under the Special Rules the State Government can always create temporary posts as additions to the cadre. Rule 10(a)(i) of the State Rules has no application to the Service which is governed by the Special Rules. Rule 10(a)(i) provides for emergency appointments made on stop gap basis to meet a temporary exigency. Apart from that the temporary appointments under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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