The case involves the interpretation of various government orders related to the recruitment and reservation of posts in Andhra Pradesh, particularly focusing on the Andhra Pradesh Public Employment (Organization of ...
No Acts & Articles mentioned in this case
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5099 OF 2006
M. SURENDER REDDY … APPELLANT
VERSUS
GOVT. OF ANDHRA PRADESH AND ORS. … RESPONDENTS
With
C.A. No.5100 of 2006 and
C.A. No.5101 of 2006
J U D G M E N T
SUDHANSU JYOTI MUKHOPADHAYA, J.
These appeals have been preferred by the appellants
against common judgment dated 27
th
December, 2004 passed by
the Division Bench of the High Court of Judicature, Andhra
Pradesh at Hyderabad in Writ Petition Nos. 20106, 20350, 20539
and 21554 of 2004 and common order dated 28
th
December, 2004
passed by the same High Court in Writ Petition Nos.20215,
20305, 21558 and 23173 of 2004. By the impugned common
judgment, the High Court dismissed the writ petitions, upheld
the finding of the Andhra Pradesh Administrative Tribunal
(hereinafter referred to as the “Tribunal”) and held as
follows:
“26.In view of our foregoing discussions,
we record the following conclusions:
(a)The finding of the Tribunal that the
selection process has to be in
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accordance with the G.O.Ms. No.124,
dated 8.8.2002 cannot be said to be
erroneous or contrary to law.
(b)But, however, the direction that the
entire select list has to be reviewed
clubbing the appointments under 1
st
round selection is not sustainable
and accordingly the procedure as
contemplated under G.O.Ms. No.124 has
to be followed only in respect of the
candidates excluding the appointments
already made in 2001 and 2002 namely
Asstt. Municipal Commissioners Grade-
III, Asstt. Commercial Tax Officers,
Asstt. Labour Officers and Asstt.
Section Officers in non-executive
cadre in view of the peculiar and
circumstances of this case.
(c)The inter se seniority between the 1
st
round appointees and later inducted
persons under second round selection
in the same cadre if any shall be
decided by the appropriate authority
in accordance with rules, depending
on the merit ranking obtained by
them.
(d)The Reservation to PHC category
wherever it is not provided under the
Special Rules cannot be claimed and
hence the findings of the Tribunal do
not call for any interference.
27.We do hope that the process of selection
would be completed expeditiously without
further hurdles. Subject to the above
conclusions, the Writ Petitions stand
dismissed.”
By the impugned common order, the High Court disposed of
the said writ petitions in terms of the common judgment dated
27
th
December, 2004 in Writ Petition No.20106 of 2004.
2. The brief facts of the case are as follows:
The President of India in exercise of powers conferred
by Clause (1) and (2) of Article 371-D of Constitution of
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India made the Andhra Pradesh Public Employment (Organization
of Local Cadres and Regulation of Direct Recruitment) Order,
1975 dated 20
th
October, 1975 (hereinafter referred to as
“Presidential Order”). Sub-Paragraph(1) of Paragraph 3 of the
said order gives power to the State Government to organize
classes of posts in the civil services of and classes of
civil posts under the State into different local cadres for
different parts of the State within 27 months from the
commencement of the said order. Paragraph 8 relates to
reservation in the matter of direct recruitment. Relevant
portion of which reads as follows:
“8. Reservation in the matter of Direct
Recruitment:– (1) 80% of the posts to be
filled by direct recruitment any time-
(a) in any local cadre under the State
Government comprising posts belonging to the
category of lower division clerk or a Category
equivalent to or lower than that lower
division clerk; and
(b) in any cadre under a local authority
comprising post carrying a scale of pay the
minimum of which, or a fixed pay which does
not exceed the minimum of the scale of pay or
a lower division clerk, shall be reserved in
favour of local candidates in relation to the
local area in respect of such cadre.
(2) 70% of the posts to be filled by direct
recruitment at any time-
(a) in any local cadre under the State
Government comprising posts belonging to non-
gazetted categories other than those referred
to in item (a) of sub-paragraph (1); and
(b) in any cadre under a local authority
comprising posts carrying a scale of pay, the
minimum of which, or a fixed pay which exceeds
the minimum of the scale of pay of a lower
division clerk, but does not exceed Rs. 480/-
per mensum on any amount corresponding to it
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as may be specified in this regard in the
successive revisions of pay scales granted by
the State Government from time to time shall
be reserved in favour of local candidates in
relation to the local area in respect of such
cadre."
3. In exercise of the powers under sub-para(1) Paragraph 3
of the ‘Presidential Order, 1975’ the Andhra Pradesh State
Government issued G.O.P. No.729 dated 1
st
Novemer,1975,
whereby 70% of non-gazetted category posts other than Lower
Division Clerk or equivalent posts were reserved in favour of
local candidates. By G.O.P. No.763 dated 15
th
November, 1975
the State Government prescribed certain procedures to be
followed in conducting recruitment to the posts. Annexure III
to the said G.O.P. deals with the procedure to be followed
for selection of candidates for recruitment to the categories
of posts for which multiple cadre recruitment is made. As per
paragraph 5 of the annexure a combined merit list a local and
non-local candidates shall be drawn up to fill up the
vacancies.
4. Later, the Andhra Pradesh State Government issued
G.O.Ms. No.124 dated 7
th
March, 2002, whereby G.O.P. No.763
dated 15
th
November, 1975 was amended by bifurcating combined
merit list into two parts i.e. one reserved for local
candidates and another for both local and non-local
candidates.
5. On 28
th
December, 1999, the Andhra Pradesh Public
Service Commission (hereinafter referred to as the ”APPSC”)
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issued Advertisement NO.10 of 1999 to fill up certain
Executive and Non-Executive Posts of 27 categories under
Group-II services of State Government. As per the said
Advertisement selection was to be made on the basis of marks
obtained in written test plus oral test for executive posts
and only on the basis of marks obtained in the interview, the
written test for non-executive posts. Later the State
Government withdrew that part of the advertisement which
called for applications to 141 vacant posts of Assistant
Section Officers. Accordingly, more than 3 lacs candidates
appeared in the written examination and among them 269
persons were called for interview for appointment to the
executive posts on the basis of marks obtained in the written
examination. After concluding interviews, 104 candidates were
selected for executive posts in December 2000. Subsequently,
in view of an order passed by the Tribunal in O.a.No.7443 of
2000, filed against the non-exclusion of 141 posts of
Assistant Section Officers 113 candidates including the
appellants were recommended for non-executive posts i.e.
Asstt. Sections Officers in February, 2002 based on marks
obtained in written test.
Subsequently, as per the directions of the High Court,
973 Executive posts were included in Advertisement No.10 of
1999 and more than 2000 candidates along with the appellants
were called for interview on the basis of the marks obtained
in the written examination. Thereafter, the APPSC selected
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973 candidates for executive posts on the basis of written
plus oral test and prepared common merit list by including
104 candidates who were already appointed against executive
posts.
6. Some of the candidates filed applications before
Tribunal to implement G.O.Ms. No.124 dated 7
th
March, 2002
which was allowed by the Tribunal with a direction to the
APPSC to re-caste the merit list by implementing the G.O.Ms.
No.124. Being aggrieved by the said direction, when the
appellants filed Writ Petitions, the High Court while
dismissed the same directing to exclude the present
appellants and other A.S.Os from consideration to the
executive posts.
As the above said direction of the High Court created an
anomaly restricting the meritorious candidates, already
appointed Asstt. Sections Officers who were appointed to the
to lower non-executive posts and less meritorious candidates
were to get higher posts in executive cadres, the appellants
have challenged the same.
7. Learned counsel for the appellants submitted that
G.O.Ms. No.124 dated 7
th
March, 2002 cannot be applied
retrospectively to the selection already in process or
selection already made, particularly when the State
Government’s order is a part of substantive law and not
procedural law. It is further contended that G.O.Ms.124 dated
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7
th
March, 2002 is null and void having issued after lapse of
period of limitation prescribed in sub-para(1) of Paragraph 3
of the Presidential Order, 1975. Further, according to the
counsel for the appellants, G.O.Ms.124 dated 7
th
March, 2002
is ultra vires of Presidential Order, 1975 and G.O.P. No.729
dated 1
st
November, 1975 and G.O.P. No.763 dated 15
th
November, 1975 issued in pursuance of Paragraph 3(1) of the
Presidential Order, 1975.
8. We have heard learned counsel for the parties, perused
the records and relevant notifications relating to
reservation of posts issued from time to time.
The questions that arise for determination in this case
are: (a)whether G.O.Ms.124 dated 7
th
March, 2002 is
retrospective in nature in order to make it applicable to the
posts for which selection process has already started
pursuant to 1999 advertisement, and (b) If the said G.O.Ms.
is retrospective, whether it is required to review the entire
select list disturbing the appointments already made during
the period between the 2001 and 7
th
March, 2002.
9. The Presidential Order, 1975 by virtue of sub-paragraph
(1) of Paragraph 3 empowers the State Government to organize
classes of posts in civil services under the State into
different local cadres in different parts of State within 27
months from the commencement of the said order. Paragraph 3
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of the order empowers the State to organize Local Cadres,
which is as follows:
“3. Organization of local cadres :– (1) The
State Government shall within a period of *
twenty–seven months [Vide G.O. Ms. No. 728,
G.A. (SPF.A) Dept, dt. 27-10-1977]from the
commencement of this Order, organize classes of
posts in the civil services of and classes of
civil posts under the State into different
local cadres for different parts of the State
to the extent and in the manner, hereinafter
provided.
Provided that, notwithstanding the
expiration of the said period, the President
may by order, require the State Government,
whenever he considers it expedient so to do, to
organize any classes of posts in the civil
services of and classes of civil posts under
the State into different local cadres or
different parts of the State.(Vide G.O. Ms. No.
34, G.A. (SPF.A) Dept, date 24-1-81)
(2) The posts belonging to the category of
lower division clerk and each of the other
categories equivalent to, or lower than that of
a lower division clerk, in each department in
each district shall be organized into separate
cadre.
Explanation:— For the purposes of this sub-
paragraph, sub-paragraph(1) of paragraph 6, and
sub-paragraph (1) of paragraph 8 a category
shall be deemed to be equivalent to or lower
than that of a lower division clerk if the
minimum of the scale of pay of a post belonging
to that category or where the post carries a
fixed pay, such fixed pay is equal to or lower
than the minimum of the scale of pay of a lower
division clerk.
(3) The posts belonging to each non gazetted
category, other than those referred to in sub-
paragraph (2), in each department in each zone
shall be organized into a separate cadre.
(4) The posts belonging to each specified
gazetted category in each department in each
zone shall be organized into a separate cadre.
(5) Notwithstanding anything contained in sub-
paragraph (3) and (4), the State Government may
where it considers it expedient so to do and
with the approval of the Central Government,
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organized the posts belonging to any of the
categories referred to therein, in any
department, or any establishment thereof, in
two or more contiguous zones into a single
cadre.
(6) Notwithstanding anything contained in sub
Paragraphs (2), (3), (4) and (5), the Central
Government; may notify the departments in which
and the categories of posts for which a
separate cadre has to be organized for the City
of Hyderabad and on such notification, the
posts belonging to each such category in each
such department in the said City (other than
those concerned with the administration of
areas falling outside, the said City) shall be
organize into a separate cadre and the posts so
organized in pursuance of this paragraph or
Constituted otherwise and comprising posts
belonging to the category in that department.
(7) In organising a separate cadre in respect
of any category of posts in any department for
any part of the State, nothing in this Order
shall be deemed to prevent the State Government
from organising or continuing more than one
cadre in respect of such category is such
department for such part of the State.
(8) Where the Central Government is satisfied
that it is not practicable or expedient to
organize local cadres under this paragraph in
respect of any non gazetted category of posts
in any department, it may, by notification,
make a declaration to that effect and on such
declaration the provisions of this paragraph
shall not apply to such category of posts.”
Each district is regarded as a ‘Local area’ as per
paragraph 6, which is as follows:
“6. Local areas:— (1) Each district shall be
regarded as a local area-
(i) for direct recruitment to posts in any
local cadre under the State Government
comprising all or any of the posts in any
department in that district belonging to the
category of a lower division clerk or to any
other category equivalent to or lower than that
of a lower division clerk.
(ii) for direct recruitment to posts in any
cadre under any local authority within under
that district carrying a scale of pay, the
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minimum of which does not exceed the minimum of
the scale of pay of a lower division clerk or a
fixed pay not exceeding that amount.
(2) Each Zone shall be regarded as a local
area-
(1) for direct recruitment to posts in any
local cadre under the State Government
comprising all or any of the posts in any
department in that zone belonging to any non-
gazetted category other than those referred to
in sub paragraph (1);
(ii) for direct recruitment to posts in any
local cadre comprising all or any of the post
in any department in that zone belonging to the
categories of Tehsildars, Asst. Executive
Engineers, Assistant Agricultural Officers,
Inspectors of Police and Motor Vehicle
Inspectors (Vide G.O. Ms. No. 498,dt. 16-7-1977
G.O.Ms. No. 34, dt. 24-1-1981 and G. O. Ms. No.
635, G.A.(SPF. A) Dept. dated 30-11-1993)
(iii) For direct recruitment to posts in any
cadre under any local authority within that
zone, carrying a scale of pay, the minimum of
which exceeds the minimum of the scale of pay
of a lower division clerk but does not exceed
Rs. 480/- per mensum or a fixed pay which
exceeds the minimum of the scale of pay of a
lower division clerk but does not exceed Rs.
480/- per mensum or any amount corresponding to
it as may be specified in this regard in the
successive revisions or pay scales granted by
the State Government from time of time.
(G.O.Ms. 635, G.A. (SPF.A) Dept. dated 30-11-
93.17)
Provided that where a single cadre has been
organized for two or more zones under sub-
paragraph (5) of paragraph 3 of posts belonging
to any of the categories referred to in clause
(i) or clause (ii) each of such zones shall be
regarded as separate local area in respect of
such cadre.
(3) Notwithstanding anything contained in sub-
paragraphs (1) and (2),-
(i) the City of Hyderabad shall be regarded as
a local area for direct recruitment to posts in
any local cadre under the State Government
comprising all or any of the posts in the said
City in the departments and belonging to the
categories notified under Sub-paragraph (6) of
paragraph 3 and the said City shall be excluded
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from the local area relatable to any other
local cadre comprising posts in the departments
and belonging to the categories so notified;
and
(ii) the City of Hyderabad shall be regarded as
a local area for direct recruitment to posts in
any cadre under a local authority within the
said City comprising posts carrying a scale of
pay the minimum of which does not exceed Rs.
480/- per mensum or any amount corresponding to
it as may be specified in this regarded in the
successive revisions of pay scales granted by
the State Government from time to time, or a
fixed pay not exceeding that amount, and the
said City shall be excluded from the local area
relatable to any cadre under any local
authority not within the said City. (G.O.
Ms.No. 635, G. A. (SPF. A) Dept. dated 30-11-
93)
(4) Notwithstanding anything contained sub-
paragraphs (1), (2) and (3).
(1) the districts of Medak, Ranga Reddy and
Hyderabad shall be regarded as a local area for
direct recruitment to posts in any cadre under
the Hyderabad Urban Development Authority
comprising posts, carrying a scale of pay, the
minimum of which does not exceed the minimum of
the scale of pay of lower division clerk or a
fixed pay not exceeding that amount.
(ii) Zone VI shall be regarded as a local area
for direct recruitment to posts in any cadre
under the Hyderabad Urban Development Authority
comprising posts, carrying a scale of pay, the
minimum of which exceeds the scale of pay of a
lower division clerk but does not exceed Rs.
480/- per mensum, or a fixed pay which exceeds
the minimum of the scale of the pay of a lower
division clerk but does not exceed Rs. 480/-
per mensum J-698/318 or any amount
corresponding to it as may be specified in this
regard in the successive revisions of pay
scales granted by the State Government from
time to time.(Vide G.O.Ms. No. 498, G. A. (SPF.
A) Dept. dt. 16-7-77 and G.O. Ms.No. 34, G. A.
(SPF. A.) Dept, dt. 24-1-1981.)”
“Local candidates” for direct recruitment to any post in
relation to the local area is defined in paragraph 7 as
follows:
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“7. Local Candidate:— (1) A candidate for
direct recruitment to any post shall be
regarded as a local candidate in relation to a
local area.-
(a) in cases where a minimum educational
qualification has been prescribed for
recruitment to the posts-
(i) If he has studied in an educational
institution or educational institutions in such
local area for a period of not less than four
consecutive academic years ending with the
academic year in which he appeared or, as the
case may be, first appeared for the relevant
qualifying examination; or
(ii) where during the whole or any part of the
four consecutive academic years ending with the
academic year in which he appeared or as the
case may be, first appeared for the relevant
qualifying examination he has not studied in
any educational institution, if he has resided
in that local area for a period of not less
than four years immediately preceding the date
of commencement of the qualifying examination
in which he appeared or as the case may be,
first appeared.
(b) In cases where no minimum educational
qualification has been prescribed for
recruitment to the post, if he has resided in
that local area for a period of not less than
four years immediately preceding the date on
which the post is notified for recruitment.
Explanations:— For the purpose of this
paragraph.-
(i) ‘educational institution’ means a
University or any educational institution
recognised by the State Government, a
University or other competent authority;
(ii) ‘relevant qualifying examination’ in
relation to a post means;
(A) the examination, a pass in which is the
minimum educational qualification prescribed
for the post;
(B) the Matriculation examination or an
examination declared by the State Government to
be equivalent to the Matriculation examination;
which is lower ; and
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(iii) in reckoning the consecutive academic
years during which a candidate has studied, any
period of interruption of his study be reason
of his failure to pass any examination shall be
disregarded.
(iv) the question, whether any candidate for
direct recruitment to any post has resided in
any local area shall be determined with
reference to the places where the candidate
actually resided and not with reference to the
residence of his parents or other guardian
(Vide G.O.Ms. No. 168, G.A. (SPF.A) Dept.
dt.10-3-77).
(2) A candidate for direct recruitment to any
post who is not regarded as a local candidate
under sub-paragraph (1) in relation to any
local area shall.-
(a) in cases where a minimum educational
qualification has been prescribed for
recruitment to the post.
(i) If he has studies in educational
institutions in that State for a period of not
less than seven consecutive academic years
ending with academic year in which he appeared
or as the case may be, first appeared for the
relevant qualifying examination be regarded as
a local candidate in relation to
(1) Such local area where he has studied for
the maximum period out of the said period of
seven years; or
(2) where the period of his study in two or
more local areas are equal, such local areas
where he has studied last in such equal
periods;
(ii) If during the whole or any part of the
seven consecutive academic years ending with
the academic years in which he appeared or as
the case may be first appeared for the relevant
qualifying examination, he has not studied in
the educational institutions in any local
areas, but has resided in the State during the
whole of the said period of seven years, be
regarded as a local candidate in relation to
(1) such local area where he has resided for a
maximum period out of the said period of seven
years : or (2) where the periods of his
residence in two or more local areas are equal,
such local area where he has resided last in
such equal periods ;
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(b) in cases where no minimum educational
qualification has been prescribed for
recruitment to the post, if he has resided in
the State for period of not less than seven
years immediately preceding the date on which
the post is notified for recruitment, be
regarded as a local candidate in relation to
(i) such local area where he has resided for
the maximum period out of the said period of
seven years ; or (ii) where the periods of his
residence is two or more local areas are equal
such local area where he has resided last in
such equal periods.(G.O.Ms. No. 168, dated 10-
3-1977)”
Paragraph 8 mandates reservation in the matter of direct
recruitment relevant of which is quoted below:
“8. Reservation in the matter of Direct
Recruitment:– (1) 80% of the posts to be
filled by direct recruitment any time-
(a) in any local cadre under the State
Government comprising posts belonging to the
category of lower division clerk or a Category
equivalent to or lower than that lower
division clerk; and
(b) in any cadre under a local authority
comprising post carrying a scale of pay the
minimum of which, or a fixed pay which does
not exceed the minimum of the scale of pay or
a lower division clerk, shall be reserved in
favour of local candidates in relation to the
local area in respect of such cadre.
(2) 70% of the posts to be filled by direct
recruitment at any time-
(a) in any local cadre under the State
Government comprising posts belonging to non-
gazetted categories other than those referred
to in item (a) of sub-paragraph (1); and
(b) in any cadre under a local authority
comprising posts carrying a scale of pay, the
minimum of which, or a fixed pay which exceeds
the minimum of the scale of pay of a lower
division clerk, but does not exceed Rs. 480/-
per mensum on any amount corresponding to it
as may be specified in this regard in the
successive revisions of pay scales granted by
the State Government from time to time shall
be reserved in favour of local candidates in
relation to the local area in respect of such
cadre. (G.O.Ms. No. 635, G. A. (SPF.A) Dept,
dated 30-11-93).
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(3) 60 % of the posts to be filled by direct
recruitment at any time in any local cadre
under the State Government comprising posts
belonging to the categories of Tehsildars,
Assistant Executive Engineers, Assistant
Agricultural Officers, Inspector of Police and
Motor Vehicle Inspectors shall be reserved in
favour of local candidates in relation to the
local area in respect of such cadre.(G.O.Ms.
No. 498, G.A. (SPF. A) Dept, Dt. 16-7-1977)
(G.O.Ms. No. 34, G.A. (SPF. A) Dept, Dt. 24-1-
1981)(G.O.Ms. No. 635, G.A. (SPF. A) Dept, Dt.
30-11-1993).
(4) Notwithstanding anything contained in sub-
paragraph (2) or sub-paragraph(3) where, in
respect of any of the categories referred to
in the said paragraph a single cadre has been
organized for two or more zones under sub-
paragraph (5) of paragraph 3, 70% or as the
case may be, 60 % of the posts to be filled by
direct recruitment at anytime in such cadre
shall be reserved in favour of and allocated
amongst the local candidates in relation to
each of the local areas in respect of such
cadre in the ratio specified in the Second
Schedule against the zone comprising each such
local area.
(5) 60% of the posts under the State
Government belonging to the category of Civil
Assistant Surgeons to be filled by direct
recruitment at any time shall be reserved in
favour of and allocated amongst the local
candidates in relation to the local area
specified in column (1) the Table below in the
respective ratios specified in the
corresponding entry is column (2) thereof.”
Paragraph 9 deals with carry forward of reserved posts,
if no candidate is available, which is as follows:
“(9) Carry forward of reserved posts:— If a
qualified local candidate in respect of a local
area is not available to fill a post reserved
or allocated in favour of a local candidate in
respect of that local area, such post shall be
carried forward for recruitment of a local
candidate in respect of that local area for
period not exceeding three years;
Provided that pending recruitment of a
local candidate, such post may be filled in
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temporarily by borrowing the service of a
person holding a post of the same category in
any other local cadre or under any other local
authority as the case may be (Vide G.O. Ms. No.
34,dt. 24-1-1981).”
Paragraph 11 stipulates that the order to have
overriding effect over Statute, Ordinance, Rule, Regulation
or other order made before or after the commencement of the
said Order in respect of direct recruitment to posts under
the State Government or any local authority.
10.After publication of the Presidential Order 1975 the
Government of Andhra Pradesh by G.O.P. No.729 dated 1
st
November, 1975, intimated the Scheme of the Order and
directed the authorities to furnish District-wise list in
case of categories of Lower Divisional Clerk and equivalent
or lower categories and Zone-wise list in the case of higher
categories.
11.Referring to the Presidential Order, 1975, Government of
Andhra Pradesh issued G.O.P No.763 dated 15
th
November, 1975
communicating the Scheme and the procedure to be followed in
such appointments relevant portion of which reads as follows:
“2.Recruitment of candidates is basically
of two types size, single unit i.e. single
cadre recruitment and multiple unit i.e.,
multiple cadre recruitment. Where recruitment
is made to fill vacancies in a single cadre
i.e., single unit of appointment comprising
posts in a given category for a particular
department, it can be categorized as single
cadre recruitment. Where recruitment is made to
fill vacancies in more than one cadre (i.e.,
for than one unit of appointment in the same or
different parts of the State) comprising posts
in a given category or different categories in
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one or more department, such recruitment will
be multiple units or multiple cadre
recruitment. For example when recruitment is
made to fill vacancies of Lower Division Clerk
in a district in one department, it becomes
single cadre recruitment. Where, however, a
combined recruitment is made to fill up the
posts of Lower Division Clerks in a district in
more than one department of where a combined
recruitment to fill vacancies in similar
categories like Lower Division Clerks, Typists,
Stenographers etc., in one district in one or
more departments is made, it becomes multiple
cadre recruitment.
3. Recruitment to a single multi-zonal
cadre contemplated under the Presidential Order
and to the category of Civil Assistant Surgeons
will also come under the category of single
cadre recruitment but with the difference that
preference in the matter of direct recruitment
in such cases is to be given to local
candidates not one local area but of the
different local areas covered by such cadre in
the ratio prescribed in the Presidential Order.
4. Multiple cadre recruitment may take
different forms especially in the
implementation of the proposed Presidential
Order on the organization of local cadres. It
may take the form of:
(a)Recruitment to fill up the vacancies
in a single category for different local cadres
or different parts of the State (local areas)
in one department, e.g. recruitment of Clerks
in the Judicial Department for Courts in the
districts undertaken by the Andhra Pradesh
Public Service Commission.
(b)Recruitment to fill up the vacancies
in identical or different categories in
different local cadres in different departments
in one part of the State (local area) e.g.,
recruitment of Group-IV services undertaken by
the Collectors now.
(c)Recruitment to fill up the vacancies
in different categories in different local
cadres in different departments of different
parts of the Ste (local areas) e.g. recruitment
of Group-II Services undertaken by the Andhra
Pradesh Public Service Commission.
5. The State Government have considered
the manner in which the scheme of reservation
in favour of local candidates provided in the
Andhra Pradesh Public Employment (Organization
Page 18 18
of Local Cadres and Regulation of Direct
Recruitment) Order, 1975 should be implemented
taking into account the provisions made in
regard to appointments in favour of Backward
Classes, the Scheduled Castes and the Scheduled
Tribes and have decided that the procedure set
out in the Annexure to this order may be
followed in this regard.
6. The procedure set out in Annexure-I to
this order is to be followed for selection of
candidates for recruitment of the categories of
posts of which single cadre recruitment is
made. The procedure set out in Annexure-II will
apply to selection of candidates of recruitment
of every category of posts for which a Multi-
zonal cadre is set up and also in the matter of
recruitment of the category of Civil Assistant
Surgeons where the posts reserved in favour of
local candidates are required to be appointed
in the prescribed ratio among local candidates
of different local areas covered by such cadre.
The procedure set out in Annexure-III to this
order is to be followed for selection of
candidates for recruitment to the categories of
posts for which multiple cadre recruitment is
made.
7. All the recruiting authorities and
appointing authorities are requested to follow
the instructions annexed to the said G.O.P.
No.763 dated 15
th
November, 1975 while making
recruitment either temporary or regular, to
posts coming within the ambit of paragraph 8 of
the Andhra Pradesh Public Employment
(Organization of Local Cadres and Regulation of
Direct Recruitment) Order, 1975.”
12.On 13
th
December, 2001, the President of India in
exercise of the powers conferred by clauses (1) and (2) of
Article 371-D of the constitution of India, amending the
Andhra Pradesh Public Employment (Organization of Local
Cadres and Regulation of Direct Recruitment) Order, 1975
namely – the Andhra Pradesh Public Employment (Organization
of Local Cadres and Regulation of Direct
Recruitment)Amendment) Order, 2001 published by the
Page 19 19
Government of India, Ministry of Home Affairs S.O. 1219(E).
The said Amendment Order reads as follows:
“2.In the Andhra Pradesh Public
Employment (Organization of Local Cadres
and Regulation of Direct Recruitment) Order
1975:-
(1)In paragraph 2 in Sub-Paragraph (1),
to clause (a) the following shall be added
namely:-
“The territorial Jurisdiction in
respect of the posts belonging to the
Department of School Education shall be the
Revenue District of Hyderabad.”
(2)In paragraph 8, in Sub-paragraph(1)
after item (b), the following item shall be
deemed to have been added with effect from
the 1
st
June 2001, namely;-
“C (i) in any local cadre under the
State Government comprising posts belonging
to the categories of Teachers in the Andhra
Pradesh School Education Subordinate
Service and other similar or equivalent
categories of posts of teachers under any
Department of the State Government; and
(ii)in any cadre under a local authority
or under any such other management, as may
be notified by the State Government from
time to time carrying a scale of pay equal
to that of posts in the Andhra Pradesh
School Education Subordinate Service shall
be reserved in favour of local candidates
in relation to the local area in respect of
such cadre.”
(3)In paragraph 8, in Sub-paragraph (2)
in item (a) for the words and figure “in
item (a) of Sub-paragraph (1)”, the words
and figure “in item (a) or in item (c) of
sub-paragraph (1)”, shall be substituted.”
13.The Government of Andhra Pradesh by G.O.Ms. No.8 dated
8
th
January, 2002 referring to paragraph 8 of the
Presidential Order, 1975 made amendment in the procedure
Page 20 20
prescribed in paragraph 3 and 4 of Annexure-I to G.O.P.No.763
dated 15
th
November, 1975. The said GOMs. Reads as follows:
“GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SPF-A) DEPARTMENT
G.O.Ms.No.8 Dated:08.01.2002
Read the following
1.G.O.Ms.No.674, GA(SPF-A) Department, dated
20.10.1975
2.G.O.P.No.729, GA(SPF-A) Department, dated
01.11.1975.
3.G.O.P.No.763, (SPF-A) Department, dated
15.11.1975
4.U.O. Note NO.237/SPF-A/85-2, GA(SPF-A)
Department, dated 20.05.1985
5.G.O.Ms.No.2, G.A.(SPF-A) Department, dated
03.01.2002.
O R D E R
In terms of para-8 of the Andhra Pradesh
Public employment (Organization of Local Cadres
and Regulation of Direct Recruitment) Order,
1975, i.e, Presidential Order, referred to in
the reference first read above, in the case of
District Cadres, 80% of the posts under Direct
Recruitment are reserved for local candidates,
as defined in para-7 of the Presidential Order.
The remaining 20% of the posts are open posts
for which local and non-locals have to be
considered on the basis of combined merit. This
aspect has already been clarified in the U.O.
Note fourth read above. The Government have
also issued instructions in the G.O. third read
above in the manner in which the posts have to
be filled up.
2.Government have re-examined the matter of
filling up of the posts as prescribed in the
G.O. third read above. Accordingly it is
decided that while filling up of the posts
under Direct Recruitment, the first 20% of
posts should be filled following combined merit
list of locals and non-locals and, thereafter,
the remaining 80% of the posts shall be filled
up by locals only. However, while filling up of
the posts the special representation under Rule
Page 21 21
22 of the A.P. State and Subordinate Service
Rules shall be followed suitably.
3.Accordingly the following amendment is
issued to the procedure prescribed in paras 3
and 4 of the Annexure I to the G.O.(P) No.763,
General Administrative (SPF.A) Department,
dated 15
th
November, 1975.
4. In respect of the Annexure-II & III to the
G.O. 3
rd
read above orders will be issued
separately.
AMENDMENT
5.In the said orders, in the Annexure-I,
(i)for paragraphs 3 and 4 the following
shall be substituted namely,
“Para 3:The provisional list shall be divided
into two parts. The first part will
comprise first 20% of the list. The
second part will comprise the balance
80%. In case the provisional list does
not contain any non-local candidate in
the second part the list shall be
approved.
Para 4:If, however, on the scrutiny referred
to in para 3 it is found that there
are non-local candidates in the second
part of the list, then these
candidates shall be removed and
replaced by local candidates ensuring
that the rule of reservation is
followed.
(ii) the illustrations thereunder shall be
omitted.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF
ANDHRA PRADESH)”
14.It was followed by G.O.Ms.No.124 dated 7
th
March, 2002,
whereby the Government of Andhra Pradesh amended the
procedure prescribed in Annexure II and III of G.O.Ms.No.763
dated 15
th
November, 1975 which reads as follows:
“GOVERNMENT OF ANDHRA PRADESH
O R D E R
Page 22 22
In the G.O. 6
th
read above, orders were
issued that while filling up of the posts
under Direct Recruitment, the first 20% of
posts should be filled following combined
merit list of locals and non-locals (i.e. Open
Category) and, thereafter, the remaining 80%
of the posts shall be filled up by locals
only. While filling up of the posts the
special representation under Rule 22 of the
A.P. State and Subordinate Service Rules shall
be followed strictly. It was also ordered
therein that the amendments to the Annexures
II and III to the G.O. third read above be
issued separately.
2.Accordingly, the following amendments are
issued to the procedure prescribed in the
Annexures II and III to the G.O.Ms.No.763,
G.A.(SPF-A) Department, dated 15
th
November,
1975.
A M E N D M E N T S
In the said Government orders,
(1) In the Annexure – II,
(i)for paragraphs 3 and 4, the following
shall be substituted, namely,
“3:The Provisional list shall be
divided into two parts. The first part
shall comprise 30% of the posts
consisting of combined merit lists of
locals as well as non-locals and the
remaining second part shall comprise
the balance 70% of the posts
consisting of locals only and the
posts shall be filled duly following
the rule of reservation.”
(2)in the Annexure – III, for paragraph
3, the following shall be substituted,
namely,
“3:The provisional list shall be
divided into two parts. The first part
shall comprise 40% of the posts
consisting of combined merit lists of
locals as well as non-locals and the
remaining second part shall comprises
the balance 60% of the posts
consisting of locals only and the
posts shall be filled duly following
the rule of reservation.”
Page 23 23
15.The applicability of the aforesaid G.O.Ms.No.124 dated
7
th
March, 2002 is in dispute in the present case.
16.In Shah Bhojraj Kuverji Oil Mills and Ginning Factory v.
Subhash Chandra Yograj Sinha, AIR 1961 SC 1596, the
Constitution Bench of this Court while considering the
question as to whether an Act is to be made operative
prospectively or retrospectively held:
“12………… a section may be prospective in
some parts and retrospective in other
parts. While it is the ordinary rule that
substantive rights should not be held to be
taken away except by express provision or
clear implication, many Acts, though
prospective in form, have been given
retrospective operation, if the intention
of the legislature is apparent.”
17.In Mst. Rafiquennessa vs. Lal Bahadur Chetri and
others, AIR 1964 SC 1511, another five-Judge Bench of this
Court while dealing with the question of effect of
retrospective legislation on vested rights observed:
“It is not disputed by him that the
legislature is competent to take away
vested rights by means of retrospective
legislation. Similarly, the legislature is
undoubtedly competent to make laws which
override and materially affect the terms of
contracts between the parties; but the
argument is that unless a clear and
unambiguous intention is indicated by the
legislature by adopting suitable express
words in that behalf, no provision of a
statute should be given retrospective
operation if by such operation vested
rights are likely to be affected. These
principles are unexceptionable and as a
matter of law, no objection can be taken to
them.”
Page 24 24
18.In absence of any express or necessarily implied
provision in the statute, normally statute affects the rights
prospectively.
A statutory provision is held to be retrospective either
when it is so declared by express terms, or the intention to
make retrospective clearly follows from the relevant words
and the context in which they occur.
19.The Presidential Order, 1975 was issued in exercise of
powers under clauses (1) and (2) of Article 371-D of the
Constitution empowering the State Government under sub-
paragraph (1) of paragraph 3 of the said order to organize
any class of posts in the civil services under the State into
different local cadres in different parts of the State within
27 months from the commencement of the said order. Under
proviso to sub-paragraph (1) it is stated that
notwithstanding the expiration of the said period, the
President may by order, require the State Government whenever
he considers it expedient to do so to organize any class of
posts in civil services of and any class of civil posts under
the State into different local cadres or different parts of
the State. By Presidential order, 1975 the State Government
has not been empowered to pass any order under sub-paragraph
(1) of paragraph 3 or paragraph 8 with retrospective effect.
Apart from the fact that the State Government was not
empowered by the Presidential Order, 1975 to pass any orders
with retrospective date, in absence of any terms or the
Page 25 25
intention to make it retrospective date, the G.O.Ms. No.124
dated 7
th
March, 2002 cannot be given effect from a
retrospective date.
20.In any case, the State Government cannot pass any order
amending a procedural law regarding reservation in the matter
of selection to posts, with retrospective effect, once the
procedure of selection starts.
21.For the reasons aforesaid, we hold that the
G.O.Ms.No.124 dated 7
th
March, 2002 is prospective and is not
applicable to the process of selection started pursuant to
Advertisement No.10 of 1999 including the 973 executive posts
which were ordered to be filled up by the High Court pursuant
to the advertisement. The Tribunal erred in directing the
APPSC to re-caste the merit list pursuant to G.O.Ms.No.124
dated 7
th
March, 2002. The High Court by the impugned judgment
dated 27
th
December, 2004 rightly held that the order passed
by the Court will not affect the appointments already made to
the executive post between 2001-2002 but erred in holding
that the selection is to be made in accordance with
G.O.Ms.No.124 dated 7
th
March, 2002
22.For the reasons aforesaid, we set aside the orders
passed by the Andhra Pradesh Administrative Tribunal and the
impugned common judgment dated 27
th
December, 2004 and the
impugned common order dated 28
th
December, 2004 passed by
the Division Bench of the High Court of Judicature, Andhra
Page 26 26
Pradesh at Hyderabad in Writ Petition Nos. 20106 of 2004,
21558 of 2004, etc.
In view of the foregoing discussions, we direct the
respondents to fill up the rest of the posts including the
posts of Municipal Commissioners Grade-III, Asstt. Commercial
Tax Officers, Asstt. Labour Officers in executive cadre and
Asstt. Section Officers in non executive cadre, which are
vacant, as per President Order, 1975 and the Government
orders in consonance with the Presidential Order which were
prevailing in the year 1999 when the Advertisement was
issued. The inter se seniority between the persons appointed
in the 1
st
round and the persons appointed afterwards in the
same cadre, if any, shall be decided by the appropriate
authority in accordance with the rules, depending on the
merit ranking obtained by them.
23.We direct the authority to complete the process of
selection expeditiously preferably within three months. The
appeals are allowed with aforesaid observations and
directions.
………………………………………….J.
(SUDHANSU JYOTI MUKHOPADHAYA)
………………………………………….J.
NEW DELHI; (V. GOPALA GOWDA)
FEBRUARY 18, 2015.
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