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1972 Supreme(SC) 466

SUPREME COURT OF INDIA
A.N. RAY, I.D. DUA, D.G. PALEKAR AND M.H. BEG, JJ.
D. Rajiah Raj and Others, Appellants
Versus
Union of India and others, Respondents.
(1) Civil Appeal No. 157 of 1969.
(2) Civil Appeal No. 158 of 1969.
P. T. Reddy and others, Appellants
Versus
Union of India and others. Respondents.
(3) Civil Appeal No. 343 of 1969.
S. Ramakrishna Rao and others, Appellants
Versus
Union of India and others, Respondents.
Civil Appeals Nos. 157, 158 and 343 of 1969, D/-.
26-9-1972

Headnote:

States Reorganisation Act, 1956 - Section 115 and 115(5) - Services - Treat Post of Engineer Hyderabad State as Equivalent To Post of Executive Engineer Andhra Region - Change of Conditions Of Service - Whether regularisation of promotions of Andhra Engineers as well as relaxation of rules and retrospective regularisation is permissible - Whether services of Andhra officers could be regularised and whether there could be retrospective regularisation also fails - Whether relaxation of rules as well as retrospective regulation is permissible and further whether same constituted any change of conditions of service – Held, Central Government under Section 115 of States Reorganisation Act is to determine principles governing equation of posts and prepare common gradation lists by integration of services - Central Government has to ensure fair and equitable treatment to all persons in matter of integration of services and preparation of gradation lists - Central Government is to give opportunities to parties affected to make their representations - Hyderabad officers contended that post of Executive Engineer of Hyderabad should have been equated with post of Executive Engineer of Andhra State and post of Divisional Engineer of Hyderabad State should have been equated with post of Executive Engineer of Andhra - Again, it was contended that Class I Executive Engineers from Hyderabad should have been placed enbloc above Sub-Engineers, Sub-Divisional Officers of Hyderabad and Assistant Engineers of Andhra by equating post of Sub-Engineer and Sub-Divisional Officer of Hyderabad to post of Assistant Engineer of Andhra - Contention of appellants that services of Andhra officers were temporary, stop-gap and fortuitous services will have to be determined by Central Government by hearing both Andhra officers as well as Hyderabad officers - Central Government will have, to determine rival contentions of Andhra officers and Telangana officers and arrive at its decision - Appeals dismissed.

Judgment

RAY, J. :- These three appeals are by certificate from the common judgment dated 23 February, 1968 of the Andhra Pradesh High Court.

2. Civil Appeal No. 157 of 1969 arises out of writ petition No.799 of 1967, Civil Appeal No. 158 of 1969 arises out of writ petition No. 833 of 1967 and Civil Appeal No. 343 of 1969 arises out of writ Petition No. 896 of 1967 filed by the Hyderabad Officers in the High Court.

3. The Hyderabad Officers are those who were in the Telangana area of the former Hyderabad State. On the formation of the State of Andhra Pradesh on 1 November, 1956 the Hyderabad officers continued to serve the State of Andhra Pradesh.

4. In Civil Appeal No. 157 of 1969 the Hyderabad officers asked for an order directing the respondent to treat the post of Sub-Engineer of the former State of Hyderabad as equivalent to the post of Assistant Engineer of Andhra and to integrated the services of Sub-Engineers of Telangana region and Assistant Engineers of Andhra region according to the agreed principles at the Chief Secretaries Conference held in the months of April and May, 1956 prior to the reorganisation of the State. The Hyderabad officers also asked for an order that the action taken by the Government of Andhra Pradesh in regularising with retrospective effect and in relaxation of the normal rules the temporary appointments made in the former Andhra State to the post of Assistant Engineers and by Promotion from the next lower category of officers had the effect of altering the service conditions of the Andhra officers to the detriment of the Hyderabad officers. The Hyderabad officers consequently prayed for an order directing the respondent to adhere to the Government of India decisions dated 24 December 1965 and 14 June 1966 concerning the retrospective regularisation of Andhra officers. The Hyderabad officers also asked for reversal of the Government of India decision dated 22/24 December, 1966.

5. In Civil Appeal No. 158 of 1969 the Hyderabad officers asked for an order directing the respondent to treat the post of Executive Engineer of the former Hyderabad State as equivalent to the post of Executive Engineer (Special Grade) of Andhra region and to treat the post of Divisional Engieer as equivalent to the post of Executive Engineer (Ordinary Grade) of Andhra region and integrate the service by adhering to the agreed principles at the Chief Secretatires Conference. The Hyderabad officers asked for similar orders as in Civil Appeal No. 157 of 1969 with regard to the Government of India orders dated 24 December, 1965, 14 June 1966 and 22/24 December, 1966.

6. In Civil Appeal No. 343 of 1969 the Hyderabad officers asked for orders directing the respondent to treat the post of Assistant Engineer of Telangana region as a class by itself superior to the post of Andhra Engineers and the post of Sub-Engineers, Sub-Divisional officers of Hyderabad State as equivalent to the post of Assistant Engineers of Andhra and to integrate the service of the personnel by adhering to the agreed principles at the Chief Secretaries Conference. The Hyderabad officers in this appeal also asked for reliefs similar to the other appeals with regard to the Government of India decisions dated 24 December, 1965, 14 June 1966 and 22/24 December, 1966.

7. This Court had to deal with Civil Appeals Nos. 2436-2439 of 1969 arising out of the common Judgment of the Andhra Pradesh High Court forming subject-matter of these three appeals. The subject-matter of all these three appeals relates to the equation of posts and integration of service of officers of the Public Works Department in the State of Andhra Pradesh consequent upon the reorganisation of the States in the year 1956. This Court on 23 August, 1972 decided Civil Appeals Nos. 2436-2439 of 1969 and upheld the order of the High Court quashing the decision of the Central Government dated 22/24/ December, 1966. This Court in the said Judgment said that the Central Government will proceed with the in








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