Important Point
Regulation 9(2) of A.P. College Service Commission (Terms and Conditions of Service of Employees of the Commission) Regulation, 1986 does not contravene Regulation 9(1). If they are harmoniously construed, Regulation 9(2) does not wipe off the past services rendered by the Government Servant in determining inter se seniority of the deputationists in the service of the Commission.

Headnote:Andhra Pradesh College Service Commission Act, 1985-Sections 7 r/w 20-Regulations made under-Andhra Pradesh College Service Commission (Terms and Conditions of Service of Employees of the Commission) Regulation, 1986-Regulation 9(1) and 9(2)-A.P. Administrative Tribunal striking down Regulation 9(2) inter alia on the ground that it contravenes Regulation 9(1) and it purports to wipe off the past services rendered by the Government Servant-Whether correct? (No, if harmonious construction is adopted).
       Held : The question that arises for consideration is whether the benefits conferred upon a deputationist under Regulation 9(1) has been taken away by Regulation 9(2)? The Tribunal has come to the aforesaid conclusion and accordingly has struck down. If a literal meaning is given to the language used in Regulation 9(2), it may appear that the benefits conferred under Regulation 9(1) is given a go bye and the past services rendered by the deputationists in their parent cadre is not being taken into account while determining their inter se seniority in the new cadre under the Commission. But as has been contended by Mrs. Amareswari, learned senior counsel appearing for the State Government who is the authority for approval of the Regulation that the phraseology used in Regulation 9(2) is no doubt little cumbersome but it conveys the meaning that the total length of service of these deputationists should be taken into account for determining the inter se seniority in the new service under the Commission and the past service is not being wiped off. We find considerable force in his argument and reading down the provision of Regulation 9(2) we hold that while determining the inter se seniority of the deputationists in the new cadre under the Commission after they are finally absorbed, their past services rendered in the Government have to be taken into account. In other words the total length of service of each of the employees would be the determinative factor for reckoning their seniority in the new services under the Commission. (Para 8)
       Held finally : In the aforesaid premises we dispose of these appeals by reading down the provisions of Regulation 9(2) in the manner as indicated earlier rather than striking down the same and hold that while determining the inter se seniority of the deputationists in the services of the Commission their entire length of continuos service shall be the basis. These appeals are disposed of accordingly. But in the circumstances there will be no order as to costs. (Para 9)

Judgment

Pattanaik, J.-These appeals are directed against the order of Andhra Pradesh Administrative Tribunal, Hyderabad dated 14.9.1994 in OA Nos. 6742 of 1993 and 2465 of 1993. By the impugned order the Tribunal has quashed Regulation 9(2) of the Andhra Pradesh College Service Commission (terms and conditions of service of employees of the Commission) Regulation, 1986 (hereinafter referred to as the ‘Regulation’) inter alia on the ground that it contravenes Regulation 9(1) and it purports to wipe off the past services rendered by the government servant. Superintendent, College Service Commission is the appellant.

2. The brief facts of the case are that the Service Commission in Andhra Pradesh was formed under the Provisions of Andhra Pradesh College Service Commission Act, 1985 (hereinafter referred to as ‘the Act’). The employees of this Commission came on deputation from the State Government in different batches and such deputationists were managing the affairs of the Commission. The Commission itself was constituted by the State Government in exercise of powers conferred upon it under Section 3 of the Act. Section 7 of the Act deals with the staff of the Commission and it stipulates that the Secretary of the Commission shall be appointed by the Government and other employees as the Commission may with the previous approval of the Government appoint from time to time. Section 7(3) of the Act provides that the terms and conditions of service of such employees of the Commission shall be such as may be provided for by Regulation. Section 7 of the Act is extracted hereinbelow in extenso:-

“Staff of the Commission

7. (1) The staff of the Commission shall consist of:

(a) Secretary, who shall be appointed by the Government, and

(b) Such other employees as the Commission may, with the previous approval of the Government, appoint from time to time.

(2) The Salary of the Secretary and other employees of the Commission, shall be such as may be prescribed.

(3) The other terms and conditions of Service of the Secretary shall be such as may be prescribed and those of the other employees of the Commission shall be such as may be provided for by Regulations.”

3. Section 20 of the Act confers power upon the Commission to make Regulation with the previous approval of the Government and such Regulation may provide the terms and conditions of the Services of the employees of the Commission. In exercise of the power conferred upon the Commission under Section 20 read with Section 7(3) of the Act a set of Regulations were framed by the Commission and the Government examined the same and conveyed its approval as required in sub-section (1) of Section 20 by Government letter dated 29.11.1986. For better appreciation Section 20 of the Act is extracted hereinbelow in extenso:-

‘‘Power to make Regulations.

Section 20-(1) The Commission may, with the previous approval of the Government make regulations not inconsistent with the provisions of this Act or the rules made thereunder for discharging its functions under this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-

(a) the terms and conditions of services of the employees of the Commission under sub-section (3) of Section 7.

(b) The manner of selection of persons for appointment to the posts of teachers under sub-section (1) of Section 10;

(d) The income and expenditure, budget, accounts and audit and annual report of the Commission.”

4. Regulation 9, as originally approved by the Government, stood amended and the amended Regulation 9(1) reads thus:-

“The persons drawn from other departments will carry their service and they will be treated as on other duty for a tenure period to

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1998 Supreme(SC) 299

Cases Referred (4)