IMPORTANT POINT
Power of relaxation of recruitment rules can be exercised retrospectively and it can be exercised for the specific purpose of regularization of services of a temporary appointee with retrospective effect from the date of his appointment.

Headnote:Service Law-Seniority-Sub-Inspectors of Police-Respondents appointed temporarily out of seniority-Their services regularized by relaxing Service Rules-They continued in service uninterruptedly for about 12-13 years till their services regularized with retrospective effect, from the date of their temporary appointments-Appellants, direct recruits challenged it-Respondents promoted on temporary basis as Sub-Inspectors prior to recruitment of appellant-High Court rightly held that recruitment rules could be relaxed with retrospective effect and regularisation of respondents was legal -A.P. State and Subordinate Service Rules, 1962-Rules 10(a)(i)(1) and 47.
       Held : In the case on hand the appointment of the respondent made under Rule l0(a)(i)(1) was regularized by relaxing the relevant service rules and the Standing Order No. 107 of Andhra Pradesh Police Manual Part I by exercising the powers under Rule 47 of General Rules. The Government, as observed by the High Court, for good reasons have chosen to regularize the services of the respondent with effect from the date of temporary promotion as Sub-Inspector in recognition and providing incentive for merit and in public interest. The High Court also noticed that the respondents were given out of seniority promotions on the basis of their individual extraordinary services and merit. The High Court found fault with the observations made by the Tribunal that the appointment of the respondent was not in accordance with the rules and that his appointment was not made after considering the case of all other eligible persons as per the Rules and as such their services could not be counted for seniority in the cadre of Sub-Inspectors from the date of their temporary appointment. The High Court observed that the question of considering the case of every eligible person along with them would scarcely arise as in such cases, it is only a particular individual based on his notable performance and merit would be picked up for out of seniority promotion as has been done in this case. The High Court also noted that the General Rules provided for ad hoc appointment under Rule 10(a)(i)(1) of the Genera Rules and in this case there is a provision for appointment by promotion and that is how the respondent had been promoted. (Para 15
       Another important factor to be kept in mind is that a finding is recorded by the High Court that the promotion given to the respondent to the post of Sub-Inspector was against the vacancies meant for the quota of promotees. The respondent was admittedly promoted on temporary basis as OSSI prior to the recruitment of the appellant. Once his services were regularized that too in the promotee quota, the appellant being direct recruit cannot make any grievance. In this view it cannot be said that the appellant was an affected person for want of notice before passing the order of relaxation to question the seniority of the respondent. (Para 16)

JUDGMENT

Shivaraj V. Patil, J.-The Division Bench of the High Court by the common impugned order disposed of Writ Petition Nos. 34839, 35775 of 1997 and 6758 of 1998. This appeal is filed by the respondent No.4 in W.P. No. 35775/97. Some of the Head Constables including the respondent No. 4 herein (hereinafter referred to as respondent ) in this appeal were appointed temporarily as out of seniority, Sub-Inspector (OSSI) w.e.f. 3.12.1983 without following recruitment rules. The appellant was appointed as direct recruit on 12.9.1985. Between 1996 and 1997, the Government of Andhra Pradesh issued various Government Orders relaxing relevant recruitment rules in favour of the respondent and others regularizing their services with effect from the date of their temporary appointments affecting the seniority of the appellant. The appellant challenged the same before the A.P. Administrative Tribunal. The Tribunal held that the State Government had power to relax the recruitment rules with retrospective effect but however, the Tribunal held that the services rendered by the respondent and other similarly placed persons could not be counted as officiating service for determining their seniority as their appointment was not in accordance with the rules and they had not qualified for appointment. Aggrieved by the order of the Tribunal, the respondent and other promotees filed writ petitions before the High Court. The High Court, by the impugned order, allowed the writ petitions holding that the recruitment rules could be relaxed with retrospective effect. The High Court also held that even if their initial appointment was not made by following the procedure laid down by the rules, they had continued in the post uninterruptedly till their services were regularized by relaxing the rules and so their officiating services had to be taken into account for the purpose of seniority. Hence, this appeal is filed questioning the validity and correctness of the impugned order of the High Court.

2. It may be useful to notice few more facts.

The substantive posts of Sub-Inspectors of Police were calculated and apportioned between direct recruits and promotees in 1983. According to the Special Rules, promotees could not exceed 30 of the cadre. There were 200 vacancies out of which 65 were allotted to the promotees and 127 to direct recruitment. The appellant and the other direct recruits were appointed on 12.9.1985 after selection made by APPSC. They underwent training and passed all the tests at the end of training. The Government issued various orders in 1996-97 relaxing the relevant recruitment rules in favour of the respondent and few others regularizing their services with effect from the date of their temporary appointment. Pursuant to the said orders, the Commissioner of Police issued orders regularizing the services of the respondent and other respondents similarly placed with effect from the date of their temporary appointment. Under these circumstances, the appellant and other direct recruits filed O.As. before the A.P. Administrative Tribunal challenging the relaxation of the Rules and the consequential regularization of the services of the respondent and others. The Tribunal partly allowed the O.As. holding that the Government were competent to relax the rules in exercise of the powers conferred under Rule 47 of the A.P. State & Subordinate Service Rules, 1962 (for brevity General Rules ) relating to service conditions with retrospective effect. However, by referring to the various decisions of this Court, the Tribunal took the view that the services rendered by the respondent and other OSSIs could not be counted as officiating service for determining their seniority as their appointments were not in accordance with the rules, they were not qualified for the appointment and that retrospective regularization of their services adversely affected the interest of the appellant and others who were regularly appointed as direct recruits. In

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2003 Supreme(SC) 584

IMPORTANT POINTPower of relaxation of recruitment rules can be exercised retrospectively and it can be exercised for the specific purpose of regularization of services of a temporary appointee with retrospective effect from the date of his appointment.

Cases Referred (2)

IMPORTANT POINT
Power of relaxation of recruitment rules can be exercised retrospectively and it can be exercised for the specific purpose of regularization of services of a temporary appointee with retrospective effect from the date of his appointment.