APHC010489832022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 29838/2022 Between: K. Vijay Kumar, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. M/S BHARADWAJ ASSOCIATES Counsel for the Respondent(S): 1. THANDAVA YOGESH 2. LAKSHMIKANTH REDDY DESAI 3. GP FOR SERVICES I 4. MANOJ KUMAR BETHAPUDI WRIT PETITION NO: 30315/2022 Between: Komaragiri Srinivasa Rao and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. N ASHWANI KUMAR Counsel for the Respondent(S): 1. THANDAVA YOGESH 2 2. GP FOR SERVICES I 3. MANOJ KUMAR BETHAPUDI WRIT PETITION NO: 34223/2022 Between: Penamgapalli Venkata Seethapathirao and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. J SUDHEER Counsel for the Respondent(S): 1. THANDAVA YOGESH 2. GP FOR SERVICES I 3. MANOJ KUMAR BETHAPUDI WRIT PETITION NO: 12824/2023 Between: K Raveendra Reddy and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. THANDAVA YOGESH Counsel for the Respondent(S): 1. Y V ANIL KUMAR 2. MUTYALA SOBHANADRI NAIDU 3. GP FOR SERVICES I 4. J SUDHEER 3 5. GP FOR SERVICES I 6. G V S KISHORE KUMAR WRIT PETITION NO: 12875/2023 Between: P. Srinivasu and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. MANOJ KUMAR BETHAPUDI Counsel for the Respondent(S): 1. SRIDHAR TUMMALAPUDI 2. N ASHWANI KUMAR 3. J SUDHEER 4. GP FOR SERVICES I 5. G V S KISHORE KUMAR WRIT PETITION NO: 12898/2023 Between: M Sravan Kumar and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. LAKSHMIKANTH REDDY DESAI Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. J SUDHEER 3. PRAKASH BUDDARAPU WRIT PETITION NO: 14038/2023 Between: 4 AvugaddaRajababu and Others ...PETITIONER(S) AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. MEKA RAHUL CHOWDARY Counsel for the Respondent(S): 1. MOGULURU ISWARYA 2. SRIDHAR TUMMALAPUDI 3. C SINDHU KUMARI 4. RAMBABU BORUGADDA 5. Y V ANIL KUMAR 6. MUTYALA SOBHANADRI NAIDU 7. G V SHIVAJI 8. GP FOR SERVICES I 9. J SUDHEER 10. G V S KISHORE KUMAR 11. KAVITHA GOTTIPATI 12. PRAKASH BUDDARAPU WRIT PETITION NO: 14051/2023 Between: DesarajuArunachandra and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. . 2. S THULASI RAM Counsel for the Respondent(S): 5 1. C SINDHU KUMARI 2. S THULASI RAM 3. GP FOR SERVICES I 4. J SUDHEER 5. KAVITHA GOTTIPATI WRIT PETITION NO: 14068/2023 Between: Ch Vidyapathi ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K RAGHU VEER Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: COMMON ORDER: The issue involved in all the Writ Petitions is common; therefore, it is deemed appropriate to dispose of all the Writ Petitions through this „Common Order‟. 2. Heard Sri Motupalli Vijaya Kumar, learned Senior Counsel representing Sri Manoj Kumar Bethapudi, Sri J.Sudheer, Sri V.Ravi Chandran representing Sri Meka Rahul Chowdary, Sri Lakshmikanth Reddy Desai, Sri S.Thulasi Ram, Sri K.Raghu Veer, Ms. Kavitha Gottipati, Sri N.Ashwani Kumar,Sri Thandava Yogesh and M/s. Bharadwaj Associates, learned counsel 6 appearing for the petitioners. And Sri A. Satya Prasad, Sri Y.V. Ram Prasad, Sri G.V.S. Kishore, learned counsels for unofficial respondents in the Writ Petitions; Sri Posani Venkateswarulu, Sri V. Venu Gopal, Sri C.V. Mohan Reddy, G.V. Shivaji, Sri S.S. Prasad, learned Senior Counsel for the respondents and Sri Yathindra Dev, learned Special Government Pleader, attached to the Office of the learned Advocate General, appearing for the official respondents. 3. All the learned counsel have made detailed submissions in the case, and the case was heard at length for a considerable amount of time. 4. The issue that arises for adjudication in these cases is the standardization of the cadre strength of Deputy Tahsildars (DTs) from 1,213 to 1,513. The post of DT is the feeder post to the post of Tahsildar. The appointment to the post of Deputy Tahsildars is made, by both promotion and Direct Recruitment in a ratio of 70:30, respectively. There is no direct recruitment for the post of Tahsildar. 5. The writ petitioners are appointed as Deputy Tahsildars by direct recruitment during 2016/2018, panel years 2017-18. The petitioners are aggrieved by the proceedings of the 2nd respondent in increasing the cadre strength of DTs from 1,213 to 1,513 by including temporary Deputy Tahsildars (Election, KRRC,Land Protection, Land Reforms and Protocol) working in Non-Revenue Departments. And considering them for preparing seniority list 7 of Deputy Tahsildars and in issuing the integrated seniority list of Deputy Tahsildars, without notifying unit-wise final seniority lists. 6. It is contended that, as per Rule 6 of the Andhra Pradesh State and Subordinate Service Rules, 1996 (for short “the APSSS Rules, 1996”), a panel of candidates for promotion or appointment by transfer shall be prepared in the month of September every year and the panel of such candidates shall remain in force up to 31st December of the succeeding year or till the next panel is prepared. 7. It is contended by the petitioners that the CCLA did not prepare the panels for the years 2017-18 to 2021. It was only in the year 2021 that the District Collectors communicated the draft panels in the cadre of Deputy Tahsildars working in their respective districts for promotions for the purpose of panel year 2017-18. 8. However, the CCLA, under the guise of standardization of the cadre strength, divided the Posts of Deputy Tahsildar into three categories, namely: I. Permanent cadre; II. Vacancies existing for more than five years; III. Deputation for the posts. 9. The draft proposals for standardizing the cadre strength of Deputy Tahsildars from 1,213 to 1,435 were issued and objections were called for from all districts. Pursuant to the same, objections were submitted to the 8 District Collectors. After considering the objections, the proceedings dated 21.04.2022 were issued, fixing the final uniform cadre strength of DTs at 1,435. Consequently, the Collectors were asked to submit the panel of DTs for 2017-18. 10. Aggrieved by the said proceedings, the Probationary DTs filed Writ Petitions before this Court, challenging the proceedings for the fixation of cadre strength at 1,435 for the panel year 2017-18. The said writ petitions were disposed of, granting liberty to the petitioners to file their objections before the CCLA. Accordingly, objections were filed. On the said objections, the CCLA passed orders dated 16.08.2022 partially modifying the earlier order dated 21.04.2022, retaining the cadre strength at 1,435. However, the said fixation was with prospective effect, with effect from 21.04.2022, instead of with effect from 2017-18. 11. Aggrieved by the said proceedings of the CCLA, modifying the proceedings dated 21.04.2022, the rank promotees filed a representation stating that the modification orders were passed without providing them any opportunity of making their submissions. Thus, the CCLA directed all the District Collectors to call for objections on the proceedings of the CCLA dated 16.08.2022. Upon receipt of the said objections, the CCLA considered the objections filed by all the DTs, and an order dated 06.05.2023 was passed finalizing the cadre strength of Deputy Tahsildars at 1,513, with effect from the 9 panel year 2013-14. Challenging the said proceedings and the consequential proceedings thereto, the instant Writ Petitions have been filed. 12. It is contended that the petitioners were selected and appointed as Probationary Deputy Tahsildars by direct recruitment in the months of April and May, 2018, pursuant to a notification issued by APPSC in No.18 dated 08.11.2016. Their probation was also declared in the year 2020. They are eligible to be appointed by transfer as Tahsildars in their respective zones. Their seniority is to be reckoned from the date of their appointment. It is contended that the unofficial respondents are working as Deputy Tahsildars having been promoted to the said post from the category of Senior Assistant. 13. It is further contended by the writ petitioners that if the rank promotees are added to the cadre strength of the DTs, they will be placed above the petitioners in the seniority lists. They have no right to be placed in such a position, given that they were never regularly appointed as DTs. Those who were working as Senior Assistants are now assigned seniority over and above the petitioners. The petitioners are appointed as DTs by direct recruitment against substantive vacancies and their seniority is reckoned from the date of their initial appointment. It is further contended that without finalizing the unit-wise final seniority list, the provisional integrated seniority list has been prepared, depriving the petitioners of filing an appeal as provided under Rules 26 and 35 of the APSSS Rules, 1996. It is further contended that 10 the rank promotees are promoted to the Post of DTs against the vacancies earmarked for direct recruits. 14. It is further contended that the temporary Posts of DTs, which have been disbanded, vide G.O.Rt.No.92 dated 17.03.2009 and G.O.Ms.No.66 dated 20.03.2014 are included in the cadre strength. The impugned proceedings of the 2nd respondent in reopening the Panels of previous years for affecting the cadre strength of DTs at 1,513 will have a cascading effect. It is further contended that the CCLA does not have the authority to increase or decrease the cadre strength. It is further contented that at one point in time, vide proceedings dated 16.08.2022, it was clarified that the finalized standardization of cadre strength would have only a prospective effect; in contrast, vide the impugned proceedings, it has been given a retrospective effect. It is contended that a panel shall be prepared with an authoritative list of approved candidates who are regularly employed or appointed to any service, class, or category, and shall not include persons appointed to temporary posts. 15. It is further contended that in terms of Rule 4(b) of the APSSS Rules, 1996, the Post of Election Deputy Tahsildars should not be considered as substantive posts, as it was disbanded in 2014 vide G.O.Ms.No.66 dated 20.03.2014 and never existed continuously for five years, as per the provisions of the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pay Structure) Act, 1994, 11 without the sanction of the appropriate authority the posts cannot be created. It is contended that, in terms of G.O.Ms.No.526, dated 28.09.2001, the Surplus Manpower Cell in the Finance Department should scrutinize proposals for the creation of new posts, additions to existing cadre strength, upgradation of posts, and continuation of posts, etc., in the departments and other undertakings. The Finance Department should accept the proposal for creation of new posts and the same should be placed before the Council of Ministers. It is only after approval of the Council of Ministers and the Finance Department, the orders for sanctioning the posts would be issued. 16. The respondents filed a counter affidavit stating that, from 2008, the vacant posts of DTs were filled, promoting the eligible Senior Assistants. These DTs are not included in the panel of Deputy Tahsildars. However, they are working in the capacity of DTs, as the panels are necessarily made against the existing vacancies available under substantive Posts of DTs. It is further contended that, having regard to the fact that the Posts of DTs were sanctioned before the elections. During the elections of 2009 and 2014, the DTs (Elections) were continued vide various GOs and continued till 2025. 17. It is contended that during the General Elections in 2009 and 2014, DTs (Elections) were continued until the completion of the election work or its necessity ceased. Necessary GOs were issued from time to time, granting sanction for the continuation of the Election DTs, for attending the updation of electoral rolls and for the issue of EPICS at constituency 12 headquarters and MRO offices. It is further stated that, having regard to the perennial nature of the job of the DTs (Election), even after the conclusion, the posts were continued. The DTs (Election) were never disbanded. The website of the State Government's Finance Department also lists the Posts of Election Deputy Tahsildars. It is further contended that in the composite state, the total number of Deputy Tahsildars was 2,742. Pursuant to the reorganisation and bifurcation of the composite state, the cadre strength of DTs fixed and sanctioned to AP, as per the data of the Finance (SMPC) Department, is @ 1,513. Thus, it is contended that it is not for the first time that the cadre strength of the Election DTs has been recognized; these posts were in existence even at the time of the Andhra Pradesh Reorganisation Act, 2014. The CCLA has initiated proceedings to standardize the cadre strength to 1,513, which was in place before the state bifurcation. Once the cadre strength is recognized during the state reorganisation, it will take effect from 2013-14, in light of the provisions of the Explanation to Rule 4 of the APSSS Rules, 1996. 18. Sri Yathindra Dev, learned Special Government Pleader, refers to the proceedings of the Government of India in Order No.5 of the Government of India, dated 31.05.2014, wherein it has been clarified that in terms of third proviso to Sub Section (2) of Section 77 of the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), the employees of the local, district, zonal and multi-zonal cadres shall continue to serve, on and after 02.06.2014, 13 in that cadre and further it has been specified that the employees of that categories which fall entirely in one of the successor States, shall be deemed to be allotted to that of successor State on and from that day. Consequently, vide G.O.Ms.No.244 dated 01.06.2014, issued for publication of the following in the Gazette of Andhra Pradesh. “4. The Special Chief Secretary / Principal Secretary / Secretary of the Department and the Heads of Departments shall take necessary action in the matter. 5. The following Notification shall be published in the Gazette of Andhra Pradesh. Notification "In the reference fourth cited, the Government of India, by virtue of powers conferred under the third proviso to sub-section (2) of section 77 of the Andhra Pradesh Reorganization Act, 2014, has ordered that the employees of the Local, District, Zonal and Multi-Zonal cadres shall continue to serve on and after the 2nd day of June, 2014 in that cadre and also that the Employees of that categories which fall entirely in one of the successor State shall be deemed to be allotted to that successor State on and from that Day. 2. Accordingly, the Government hereby orders that all employees of the local, district, zonal and multi-zonal cadres that fall entirely in the State of Telangana shall stand allotted to the State of Telangana and likewise, all those falling within the successor State of Andhra Pradesh shall stand allotted to the State of Andhra Pradesh on and after the 2nd day of June 2014. 3. The Special Chief Secretary / Principal Secretary / Secretary of the Department and the Heads of Departments shall take necessary action in the matter.” 14 19. In pursuance thereof, the provisional cadre strength in different categories of district, zonal and multi zonal posts, devolved to State of Andhra Pradesh in accordance with the provisions of Reorganisation Act, was published by the Government of Andhra Pradesh vide proceedings dated 31.08.2014 calling for comments/objections/suggestions. As per the said list, the cadre strength of DTs was recognized as 1513 including DTs (Elections 175). 20. The sanction & existing strength of posts in the cadre of Deputy Tahsildar in the Revenue Department were 2742, out of which 1513 posts were allotted to Andhra Pradesh and 1229 posts were allotted to Telangana as detailed below: Designation Andhra Pradesh Telangana Grand Total Dy. Tahsildar 1315 1103 2418 Deputy Tahsildar (Elections) 176 118 294 Deputy Tahsildar KRRC 7 3 10 Deputy Tahsildar Land Protection 7 3 10 Deputy Tahsildar Land Reforms 8 2 10 Total:- 1513 1229 2742 ANDHRA PRADESH STATE- DISTRICT, ZONAL AND MULTI-ZONAL CADRE POSTS ON 2 JUNE 2014 SDEPTCO DEPARTMENT CADRE GRADE DESIGNATION ANDHRA PRADESH Sanctioned Vacant REV Land Administration, HOD District Gazetted Deputy Tahsildar Elections 176 0 REV Land Administration District Gazetted Deputy Tahsidar KRRC 7 0 15 REV Land Administration District Gazetted Deputy Tahsildar Land Protection 7 0 REV Land Administration District Gazetted Deputy Tahsildar Land Reforms 8 0 REV Land Administration District Gazetted Dy. Tahsildar 1,315 133 21. Thereafter, the CCLA vide proceedings dated 13.07.2021, has issued proceedings to the District Collector in the state, stating that posts shown in the annexure to the said proceedings should be taken as substantive vacancies. And the cadres were requested to call for objections if any, in the column regarding to the posts are continuing for the last 5 years as shown in the DTs (Elections). DISTRICT WISE DEPUTY TAHSILDARS CADRE STRENGTH Category (b) posts which are continuing for the last 5 years: S. No . Name of the Officer Name of the post SKLM VZNM VSKP EG WG KRSN GN T PK SM SP SR CTR Kadapa ATP KR NL Total Remarks Category (b) Posts which are continuing for the last (5) years 16 Office of the Tahsildar Election Deputy Tahsildars 10 9 15 19 15 16 17 12 10 14 10 14 14 175 Continued vide G.O.Ms.No.2 9, Finance (HR.II) Dept, dt,18.05.2021 17 Collectorate/R DO Offices SDTs (KRRC) 3 3 3 3 3 3 3 3 3 3 3 3 3 39 Continued vide G.O.Ms.No.4 1, Finance (FMU-REV) Dept, dt,18.04.2019 18 SDC,LA, NAOB, Visakhapatna m Deputy Tahsildars 6 6 Sanctioned vide G.O.Ms.No.1 69, Revenue (LA) Dept, dt,27.08.2004 19 SDC, LA, Visakhapatna m Deputy Tahsildar, Civil Defence - - 2 - - - - - - - - - - 2 Continued vide G.O.Ms.No.4 51 Home(SC.b) Dept, dt.01.03.1993 20 KTPS, Nellore Deputy Tahsildar 2 2 16 21 SDC, LA, Steelplant Deputy Tahsildar 1 1 22 Irrigation Projects SDTs(LA) 16 12 12 - 1 - 4 16 17 15 23 9 22 147 22. It is thus contended that the posts have been in continuation since 2012-13 and were considered as substantive vacancies. 23. It is further contended that the Posts of DTs (Elections) were created in the year 2008 vide G.O.Ms.No.135 dated 15.05.2008, of Finance (SMPC) Department, the same has been extended and continued from time to time without interruption vide the following GOs:- SL.NO. G.O.s DATE DEPT. PERIOD FROM TO Deputy Tahsildars subject to filling up by way of internal promotions 1. G.O.Ms.No.313 18.10.2008 FINANCE (SMPC) 15.05.2008 30.09.2008 2. G.O.Ms.No.349 30.10.2008 FINANCE (SMPC) 01.10.2008 31.12.2008 3. G.O.Ms.No.40 09.02.2009 FINANCE (SMPC) 01.01.2009 30.06.2009 4. G.O.Ms.No.92 17.03.2009 FINANCE (SMPC) 01.03.2009 30.06.2009 5. G.O.Ms.No.192 10.07.2009 FINANCE (SMPC) 01.07.2009 31.12.2009 6. G.O.Ms.No.39 17.02.2009 FINANCE (SMPC) 01.01.2010 31.03.2010 7. G.O.Ms.No.149 03.05.2010 FINANCE (SMPC) 01.04.2010 30.09.2010 8. G.O.Ms.No.323 20.10.2010 FINANCE (SMPC-II) 01.10.2010 31.03.2011 9. G.O.Ms.No.75 30.04.2011 FINANCE (SMPC-II) 01.04.2011 30.09.2011 10. G.O.Ms.No.252 26.11.2011 FINANCE (SMPC-II) 01.10.2011 31.01.2012 11. G.O.Ms.No.80 27.03.2012 FINANCE (SMPC-II) 01.02.2012 30.04.2012 12. G.O.Ms.No.206 27.07.2012 FINANCE (SMPC-II) 01.05.2012 31.10.2012 13. G.O.Ms.No.16 16.01.2013 FINANCE (SMPC-II) 01.11.2012 31.03.2013 17 14. G.O.Ms.No.193 15.07.2013 FINANCE (SMPC-II) 01.04.2013 30.09.2013 15. G.O.Ms.No.59 03.03.2014 FINANCE (SMPC-II) 01.10.2013 31.03.2014 16. G.O.Ms.No.66 20.03.2014 FINANCE (SMPC-II) 01.03.2014 30.06.2014 17. G.O.Ms.No.173 14.08.2014 FINANCE (HR-I) 01.07.2014 31.12.2014 18. G.O.Ms.No.52 11.05.2015 FINANCE (HR-I) 01.01.2015 30.06.2015 19. G.O.Ms.No.124 01.10.2015 FINANCE (HR-I) 01.07.2015 31.03.2016 20. G.O.Ms.No.114 18.06.2016 FINANCE (HR-II) 01.04.2016 31.03.2017 21. G.O.Ms.No.153 30.08.2017 FINANCE (HR-II) 01.04.2017 31.03.2018 22. G.O.Ms.No.69 24.05.2018 FINANCE (HR-II) 01.04.2018 31.03.2019 23. G.O.Ms.No.140 18.10.2019 FINANCE (HR-II) 01.04.2019 31.03.2020 24. G.O.Ms.No.32 22.04.2020 FINANCE (HR-II) 01.04.2020 30.04.2020 25. G.O.Ms.No.45 22.05.2020 FINANCE (HR-II) 01.05.2020 31.08.2020 26. G.O.Ms.No.96 24.11.2020 FINANCE (HR-II) 01.09.2020 31.03.2021 27. G.O.Ms.No.29 18.05.2021 FINANCE (HR-II) 01.04.2021 30.06.2021 28. G.O.Ms.No.60 26.08.2021 FINANCE (HR-II) 01.07.2021 31.03.2022 29. G.O.Ms.No.93 04.05.2022 FINANCE (HR-II) 01.04.2022 31.03.2023 30. G.O.Ms.No.68 05.05.2023 FINANCE (HR-II) 01.04.2023 31.03.2024 31. G.O.Ms.No.40 15.04.2024 FINANCE (HR-II) 01.04.2024 31.03.2025 24. In view of the above GOs, it is contended that the Posts of DTs of 1513 were in continuous existence since 2008 without any break and these posts were not disbanded at any point of time. And their existence was also recognized and certified during the reorganisation. Thus, the learned counsels argued that in terms of provisions of Section 77 of the Andhra Pradesh Reorganisation Act, 2014, these posts attain the characteristics of the 18 substantive posts. Thus, the impugned proceedings of the CCLA are in accordance with law. It is further argued that in terms of the provisions of Rule 24(a) of the APSSS Rules, 1966, the State Government retains the power to revise the approved panels. 25. Sri A. Satya Prasad, learned Senior Counsel submits that the petitioners were not even the incumbents in the revised panels. Actual date of finals of the panels would be relevant not the panel year. His submissions were made on behalf of the petitioners that DTs (Elections) were disbanded from time to time vide G.O.Rt.No.92 dated 17.03.2009 and G.O.Ms.No.66 dated 20.03.2014. Even if they are to be considered as substantive posts, they would not attain the nature of substantive before 2019, as they were disbanded in 2014. On account of the disbandment, these posts cannot assume as were in existence since 2008 to attain characteristics of substantive posts. It is further contended that the concurrence of the Finance Department is essential. 26. The learned counsel for the respondents relies on the following Judgments: (i) The decision of the Hon‟ble Apex Court in the case of Union of India and Others Vs. Bikash Kuanar, (ii) The decision of the Hon‟ble Apex Court in the case of Bihar State Electricity Board and Others Vs. Dharamdeo Das, (iii) The decision of the Hon‟ble Apex Court in the case of Ganga Vishan Gujrati and Others Vs. State of Rajasthan and Others, 19 (iv) The decision of the Hon‟ble Apex Court in the case of Sushil Pandey and Another Vs. State of U.P. through the Principal Secretary (Home) and Others, (v) The decision of the Hon‟ble Apex Court in the case of K.Meghachandra Singh and Others Vs. Ningam Siro and Others, (vi) The decision of the Hon‟ble Apex Court in the case of Director General, Doordarshan Prasar Bharti Corporation of India Vs. Smt. Magi H.Desai, (vii) The decision of the Hon‟ble Apex Court in the case of Dinesh Kumar Kashyap and Others. ETC Vs. South East Central Railway and Others. ETC, (viii) The decision of the Hon‟ble Apex Court in the case of Jitendra Kumar and Others Vs. State of Haryana and Another, (ix) The decision of the Hon‟ble Apex Court in the case of Dental Council of India Vs. Sailendra Sharma and Others, (x) The decision of the Hon‟ble Apex Court in the case of Union of India and Others Vs. Munshi Ram and (xi) The decision of the Hon‟ble Apex Court in the case of Muthukumar and Others Vs. Chairman and Managing Director TANGEDCO and Others. 27. Considered the rival submissions. 28. Challenging the impugned proceedings, several contentions have been raised. The first contention of the petitioners is that: 20 (i) Whether the fixation of cadre strength of Deputy Tahsildars @ 1,513 by the CCLA is sustainable? If the decision on the above is affirmative, the other issues raised by the writ petitioner(s) would merit adjudication. If the answer is negative, the other issues raised by the petitioners would not be required to be dealt with. Therefore, before dwelling into the other issues, the first contention of the petitioners is being dealt with in the following manner: The posts of the DTs (Elections) were in existence right from 2008, and were continued through G.Os, however, there was discontinuance of the said posts in 2009 and 2014 vide G.O.Rt.No.92 dated 17.03.2009 and G.O.Ms.No.66 dated 20.03.2014. Following G.O. was issued by the Government while disbanding the posts: “GOVERNMENT OF ANDHRA PRADESH ABSTRACT Elections-General Elections to the House of People and Andhra Pradesh Legislative Assembly, 2014 - Additional Temporary staff – Sanctioned - Orders - Issued. _______________________________________________________________ FINANCE (SMPC-I) DEPARTMENT G.O.Ms.No.66 Dated:20-03-2014 Read the following:- General Admn. (Elecs.C) Dept., U.O.No.80/Elecs.C/A1/2014, dt:06-02-2014. -:000:-- ORDER: 1. xxxx 2. The existing incumbent of the posts created in G.O.Ms.No.192, Finance (SMPC) Department, dt:10-07-2009 and further continued from time to time and 21 last continued in G.O.Ms.No.193, Finance (SMPC) Department, dt:15-07-2013 and continued upto 30-04-2014 in connection with Issue of EPICs, Special Summary Revision of Electoral Rolls, 2014 and also General Elections to House of People and Andhra Pradesh Legislative Assembly, 2014 shall be continued against the posts sanctioned now in para 1 of this order and, as a result, the posts sanctioned and continued earlier shall be disbanded from the date of other continuance in these posts and balance staff if any, required shall be taken by way of redeployment. 3. xxxx (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)” 29. The respondents' contention that the Posts of Election DTs were never disbanded, given the issuance of subsequent G.Os, including G.O.Ms.No.173 dated 14.08.2014, is misplaced. As G.O.Ms.No.66 dated 20.03.2014 explicitly stipulates that only the existing incumbents of the posts created under G.O.Ms.No.192 dated 10.07.2009 and G.O.Ms.No.193 dated 15.07.2013 were directed to be continued against the posts viz., temporary posts to manage the work relating to simultaneous elections to the House of People and the Andhra Pradesh Legislative Assembly sanctioned under para 1 of the said G.O.Ms.No.66 dated 20.03.2014. However, the posts sanctioned earlier were ordered to be disbanded from the date of the continuance of incumbents in these posts, namely additional temporary staff shown in annexure to the said G.O.Ms.No.66 dated 20.03.2014. From the above, it can be concluded that only the incumbents of the posts were continued 22 for the purpose envisaged under the said G.O.Ms.No.66, while the posts of DTs (Election) were disbanded. 30. Therefore, subsequent G.O.Ms.No.173, dated 14.08.2014, according sanction for continuing the 175 DTs for a period of six (6) months from 01.07.2014 to 31.12.2014 cannot be said to be an extension without connecting the link that has been delinked under G.O.Ms.No.66 dated 20.03.2014. Thus the continuation of the posts under the various G.Os, in the manner stated thereunder, cannot be said to be in existence as on the date of appointment date of Andhra Pradesh Reorganisation Act, 2014, without addressing the essential gap that had occurred vide the above referred G.Os (G.O.Ms.No.66, and G.O.Rt.No.92). Therefore, the proceedings in the name of extension/continuation granted under G.O.Ms.No.173 dated 14.08.2014 cannot be construed as an extension. Thus, what is essential for determining the substantive vacancy for the purpose of making an appointment to any category is that the posts should have been in existence for more than 5 years as on the relevant date. The subsequent GOs right from G.O.Ms.No.173 dated 14.08.2014 are without reference to the disbandment announced under G.O.Ms.No.66. Similar was the position during 2009 disbandment. 31. In the light of G.O.Ms No. 66 dated 20.03.2014, the rank promotees of DTs (Elections) were not serving on a substantive basis as on the effective date of the Andhra Pradesh Reorganisation Act, 2014, in terms of the provisions of Section 77 of the Andhra Pradesh Reorganisation Act, 2014. 23 Further having regard to the fact that the posts were only extended up to 31.03.2014 vide G.O.Ms.No.03 and were not continued after 31.03.2014. In the light of G.O.Ms.No.66, disbanding the posts of DTs and placing the incumbents as additional temporary staff in the offices, for the management of the work relating to conducting of elections simultaneously to Parliament and State Legislative Assembly, the subsequent G.O.Ms.No.173 dated 14.08.2014 cannot be considered as one issued for continuation of the posts of DTs (Election etc.,). 32. Accordingly, I am of the view that the proceedings of the CCLA fixing the cadre strength at 1,513 are not sustainable. In view of the same, the other contentions raised by the respective parties have not been dealt with by me. 33. The impugned proceedings of the 2nd respondent dated 06.05.2023 in CCLA‟s proceedings No.Ser.II(3)/261/2021 (C.No.1448862) fixing the cadre strength of DTs at 1,513 are set aside. The matter is remanded back to the 2nd respondent to re-fix the cadre strength in terms of the above observations. 34. With the above observations, the Writ Petitions are disposed of. It is needless to observe that the entire process by CCLA pursuant to the remand shall be completed within a period of three (3) months from the date of the receipt of the order. 24 35. Before parting with this judgment, this Court would like to place on record its appreciation for the well-structured and persuasive arguments advanced by Sri Yathindra Dev, learned Special Government Pleader appearing for the respondents. As a sequel, miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 17.11.2025 ANI/MVK 25 131 THE HON’BLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOS: 29838, 30315 & 34223 of 2022 AND 12824, 12875, 12898, 14038, 14051 & 14068 of 2023 Date:17.11.2025 ANI/MVK