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S. Sreedhar Reddy & Ors. v. Government of Andhra Pradesh & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 795 of 2017)Decided 23 Jan 2017
Civil Appeal No. 795 of 2017
Justice J. Chelameswar · Justice Abhay Manohar Sapre

Background

The appellants and private respondents were appointed as Station Fire Officers (SFOs) by direct recruitment in 1993 in Andhra Pradesh, a post requiring probationers to clear three departmental tests. A government memorandum dated 22.05.2012 created two separate classes among SFOs for determining inter se seniority, those who cleared two mandatory tests on time, and those who cleared them later, even though some respondents had been exempted by the Government itself from the third test. The Andhra Pradesh Administrative Tribunal initially upheld this classification, but the High Court struck it down as invalid, leading the appellants to approach the Supreme Court.

Decision Breakdown

The Supreme Court examined the Andhra Pradesh Fire Subordinate Service Rules and the general State and Subordinate Service Rules and found that they did not empower the government to classify SFOs into two groups for seniority purposes based on when they cleared the tests. Since the respondents had successfully completed probation, cleared the required tests (or been validly exempted from one), and the Rules made no provision for such a two-class division within a single cadre, the Court held the government memorandum was irrational, unreasonable, and contrary to the Rules: a conclusion also consistent with its own recent ruling in R. Venkata Ramudu v. State of A.P. The Court agreed with the High Court's reasoning and found no merit in the appellants' challenge, dismissing all the connected appeals.

Lesson Learnt

A government department cannot create new sub-classifications affecting employees' seniority unless such a classification is expressly authorized by the governing service rules: administrative instructions that go beyond or conflict with statutory rules will be struck down as invalid.

Official source (sci.gov.in)View Judgment (PDF)

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