P. Ganeshwar Rao vs State Of A. P. - 1988 Supreme(SC) 562

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1988 Supreme(SC) 562

SUPREME COURT OF INDIA
E.S. VENKATARAMIAH AND N.D. OJHA, JJ.
P. Ganeshwar Rao and others, Appellants
Versus
State of A.P. and others, Respondents.
Civil Appeals Nos. 2069 of 1982* and 2947-2948 of 1987**, D/- 5-9-1988.
AND
C.V.S. Rama Murthy and others, etc., Appellants
Versus
State of A.P. and others, Respondents.
Advocates appeared
Mrs. C. Markandeya, Advocate (in C.A. No. 2069 of 1982) and Mr. P.P. Rao, Sr. Advocate and Miss. C.K. Sucharita, Advocate (in C.A. Nos. 2947-48 of 1987), for Appellants; Mr. B. Kanta Rao and Mr. G.N. Rao, Advocates (in C.A. No. 2069 of 1982) and Mr. P.P. Choudhary, Sr. Advocate, Mr. T.V.S.N. Chari, Ms. Sunitha Rao and Mr. Badrinath, Advocates with him (in C.A. No. 2947-48 of 1987), for Respondents.

Advocates:
B.Kanta Rao, C.MARKANDEV, G.N.Rao

Headnote:
Constitution of India Article 309 – Andhra Pradesh Panchayat Raj Engineering Service (Special) Rules – Appeal by special leave is filed against the judgment the Andhra Pradesh Administrative Tribunal in Representation Petition issuing a direction to the State Government to refrain from making any direct recruitment against temporary vacancies in the cadre of Assistant Engineers under the Andhra Pradesh Panchayat Raj Engineering Service (Special) Rules as amended by G.O. Ms. and issuing certain other ancillary directions – Facts of the case are as follows – Recruitment to the Andhra Pradesh State and Subordinate Services was governed by the Andhra Pradesh State and Subordinate Services Rules, 1962 – Rule 6 of the General Rules which dealt with the method of recruitment provided that where the normal method of recruitment to any service, class or category was neither solely by direct recruitment nor solely by transfer but was both by direct recruitment and by transfer, the proportion or order in which the special rules concerned may require vacancies to be filled by persons recruited direct or by those recruited by transfer shall be applicable only to substantive vacancies in the permanent cadre –Held, Vacancies which occurred prior to the amended rules would be governed by the old rules and not by the amended rules – It is admitted by counsel for both the parties that henceforth promotion to the post of Sub-Registrar Grade II will be according to the new rules on the zonal basis and not on the State-wide basis and, therefore, there was no question of challenging the new rules – But the question is of filling the vacancies that occurred prior to the amended rules – Court have not the slightest doubt that the posts which fell vacant prior to the amended rules would be governed by the old rules and not by the new rules – Facts of the case before us are in no way different from the facts involved in the above decision – In this case the rules for recruitment have been changed – Hence, prima facie it would not be legal to make direct recruitment against temporary vacancies, even if the vacancies were at an earlier date ear-marked for direct recruits – In these circumstances, there is, in my opinion, no scope for direct recruitment against temporary vacancies the date on which the rules were amended as stated above – Court hold that the amendment made does not apply to the vacancies which had arisen prior to the date of the amendment – Court accordingly set aside the judgment of the Tribunal and remand the case to it again to decide in the light of the above observations the other contentions which had been raised by the persons who had filed the Representation Petition before the Tribunal and to dispose of the case on the basis of the findings to be recorded by it on those contentions – Order accordingly.

Judgment

VENKATARAMIAH, J.:- This appeal by special leave is filed against the judgment dated 23-4-1982 of the Andhra Pradesh Administrative Tribunal in Representation Petition No. 508 of 1982 issuing a direction to the State Government to refrain from making any direct recruitment against temporary vacancies in the cadre of Assistant Engineers under the Andhra Pradesh Panchayat Raj Engineering Service (Special) Rules (hereinafter referred to as the Special Rules) as amended by G.O. Ms. No. 227 dated 28-4-1980 and issuing certain other ancillary directions. The facts of the case are as follows.

2. Recruitment to the Andhra Pradesh State and Subordinate Services was governed by the Andhra Pradesh State and Subordinate Services Rules, 1962 (hereinafter referred to as the General Rules). Rule 6 of the General Rules which dealt with the method of recruitment provided that where the normal method of recruitment to any service, class or category was neither solely by direct recruitment nor solely by transfer but was both by direct recruitment and by transfer, the proportion or order in which the special rules concerned may require vacancies to be filled by persons recruited direct or by those recruited by transfer shall be applicable only to substantive vacancies in the permanent cadre. In those Rules the expression special rules meant the rules in Part III of the General Rules applicable to each service or class of service and included ad hoc rules applicable to temporary posts. On 23-3-1.963 the Governor of Andhra Pradesh promulgated in exercise of his powers conferred by proviso to Art. 309 of the Constitution of India the Special Rules providing for the constitution of and the method of recruitment to the Andhra Pradesh Panchayati Raj Engineering Service and the Special Rules were given retrospective effect from November 1, 1960. Under the Special Rules the Andhra Pradesh Panchayati Raj Engineering Service was to consist of four categories of officers, namely, Chief Engineer, Superintending Engineer, Executive Engineer and Assistant Engineer. The post of Assistant Engineer was required to be filled up as follows :

"4. Assistant Engineer (1) By direct recruitment,

(2) By transfer from among (a) Junior Engineer; or(b) Supervisors of the Andhra Pradesh Panchayati Raj Engineering Subordinate Service.

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(c) Out of every 8 vacancies among Assistant engineers, 3 shall be filled up or reserved to be filled up by direct recruits on the results of the competitive examinations and the remaining 5 by transferees.

Note : Rules 6, 8(a)(i) and 29(b) of the General Rules for the Andhra Pradesh State and Subordinate Services shall not apply to the appointment of Assistant Engineers by direct. recruitment in the Andhra. Pradesh Panchayati Raj Engineering Service.

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3. By Notification bearing G.O. Ms. No. 125 dated 28-5-1973 Explanation (c) in the Special Rules relating to the method of recruitment of Assistant Engineers was substituted by a new explanation which read as follows :

"(c) Out of every 8 vacancies among Assistant Engineers, the 2nd, 5th and 8th vacancies shall be filled in by direct recruits on the results of the competitive examination and the rest of the vacancies by transfer."

4. Thus by the year 1978 the posts of Assistant Engineers (now designated as Deputy Executive Engineers) were to be filled up either by direct recruitment or by transfer from among Junior Engineers or Supervisors or Draftsman 1st Grade of Andhra Pradesh Panchayati Raj Subordinate Service and if no qualified or suitable candidates were available for recruitment as stated above by transfer from any other service or on tenure basis. Out of every eight vacancies in posts of Assistant Engineers the 2nd, 5th and 8th vacancy had to be filled in by direct recruits on the result of the competitive examination and the rest of the vacancies by transfer. The

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1988 Supreme(SC) 562

Cases Referred (2)