A. P. PUBLIC SERVICE COMMISSIONversusPRASADA RAO AND ORS.

                   [2010] 2 S.C.R. 1167


           AP. PUBLIC SERVICE COMMISSION                        A
                             v.
                  PRASADA RAO AND ORS.
           (Civil Appeal No. 2043-2046 of 201 O )
                   FEBRUARY 25, 2010
                                                                B
      [V.S. SIRPURKAR AND DR. MUKUNDAKAM
                   SHARMA, JJ.]

     Service Law - Selection - Select list prepared.by Andhra
Pradesh Public Service Commission - Directions issued by        C
Tribunal, affirmed by High Court - On appeal, said directions
suitably modified by Supreme Court.

    Dispute arose with regard to the select list prepared
by the Andhra Pradesh Public Service Commission, and            0
certain directions were issued by the Tribunal, which
were affirmed by the High Court. Hence the present
appeals.

    Disposing of the appeals, the Court
                                                                E
    HELD:1. There is force in the argument that the
directions issued by the Tribunal which are also affirmed
by the High Court would create complications and
therefore in modification of the orders passed by the
Tribunal and affirmed by the High Court, it is directed:        F
     (i)   That the select list which was prepared by the
           Andhra Pradesh Public Service Commission
           pursuant to the judgment and order of this
           Court dated 14.09.2006 in Civil Appeal No.           G
           4129 of 2006 and which is contained in the
           official records of the Public Service
           Commission is restored and that appointment
           shall be given effect to by the competent

                            1167                                H
     1168       SUPREME COURT REPORTS                [2010] 2 S.C.R.

-A                  authority in terms of the seniority position
                    ascribed in the said select list as contained in
                    the official records of the Public Service
                    Commission but subject to the condition that
                    all those candidates who are shown to have
B                   been selected for the post mentioned in the
                    select list as prepared by the Andhra Pradesh
                    Public Service Commission and amongst
                    them, who have pursuant to the same joined
                    their posts be given an option either to retain
c                   their existing position and post to which they
                    were selected pursuant to the notification No.
                    5/1998 for Group-I services or to opt for a new
                    post now being offered pursu.ant to this order;

            (ii)    That such a candidate shall be ordered to
D                   exercise his option within a time frame as
                    stipulated by the Public Service Commission.
                    The Commission would thereafter act in
                    accordance with the rules and in accordance
                    with the law in terms of the aforesaid option so
E.                  exercised and give effect to the same. It is also
                    made clear that no option is required to be
                    called for or obtained from the candidates who
                    are being given offer of appointment for the
                    first time pursuant to the selection and in
F                   accordance with the merit position in the
                    select list which has already been prepared;
                    and

            (iii)   That after giving effect to the selection in terms
                    of clauses (i) and (ii) above, the vacancies, if
G
                    any, would then be filled up by the candidates
                    from the select list/merit list in accordance with
                    their merit and rules of reservation as per the
                    options given earlier or by giving similar
H
 A.P. PUBLIC SERVICE COMMISSION v. PRASADA 1169
                RAO AND ORS.

           option to the candidates selected and working A
           in some other post. [Para 3] [1169-H; 1170-A-
           H; 1171-A-B]

    1.2. The selected candidates who are being
appointed for the first time would only be entitled to give
                                                            8
fresh option and the candidates who had already
exercised their option would not be entitled to give any
fresh option. [Para 4] [1171-C]

    CIVIL APPELLATE JURISDICTION : Civil Appeal No.
2043-2046 of 2010.                                             C

    From the Judgment & Order dated 8.10. 2007 of the High
Court of Andhra Pradesh in Wirt Nos. 17397, 17398, 17399
and 17400 of 2007.

                           WITH                                D

C.A. No. 2047 of 2010.

     Altaf Ahmad, R. Sundervardhan, Shyam Divan, H.S.
Gururaja Rao, Guntur Prabhakar, Y. Rajagopala Rao, Y.          E
Ramesh, Y. lsmai Rao, R. Santhan Krishnan, Praveen K.
Pandey (for D. Mahesh Babu), 0. Bharathi Reddy, Anuradha
Rustogi, G.V.R. Choudhary K. Shivraj Chaudhuri, Y. Ramesh,
Y. Vismai Rao, C.S.N. Mohan Rao, Satish Galla, N. Rajaraman
for the appea~in parties.
                                                               F
    The Judgment of the Court was delivered by

    V.S. SIRPURKAR, J. 1. Leave granted.

     2. Having heard all the learned counsel appearing for the
parties, we are of the considered opinion that these appeals G
could be disposed of by a common judgment and order as the
facts of these appeals are similar.

    3. We find force in the arguments of some of the counsel       1


appearing for the parties that the directions issued by the    H/
    1170          SUPREME COURT REPORTS                 [2010] 2 S.C.R.


A Tribunal which are also affirmed by the High Court would create
  complications and therefore in modification of the orders
  passed by the Tribunal and affirmed by the High Court, we pass
  the following orders:-

           (i)      We direct that the select list which was prepared
B
                    by the Andhra Pradesh Public Service Commission
                    pursuant to the judgment and, order of this Court
                    dated 14.09.2006 in Civil Appeal No. 4129of2006
                    and which is contained in the official records of the
                    Public Service Commission is restored and that
c                   appointment shall be given effect to by the
                    competent authority in terms of the seniority position
                    ascribed in the said select list as contained in the
                    official records of the Public Service Commission
                    but subject to the condition that all those candidates
D                   who are shown to have been selected for the post
                    mentioned in the select list as prepared by the
                    Andhra Pradesh Public Service Commission and
                    amongst them, who have pursuant to the same
                    joined their posts be given an option either to retain
E                   their existing position and post to which they were
                    selected pursuant to the notification No. 5/1998 for
                    Group-I services or to opt for a new post now being
                    offered pursuant to the order passed today.

           (ii)     Such a candidate shall be ordered to exercise his
F
                    option within a time frame as stipulated by the
                    Public Service Commission. The Commission
                    would thereafter act in accordance with the rules
                    and in accordance with the law in terms of the
                    aforesaid option so exercised and give effect to the
G                   same. It is also made clear that no option is
                    required to be called for or obtained from the
                    candidates who are being given offer of
                    appointment for the first time pursuant to the
                    selection and in accordance with the merit position
H
 AP. PUBLIC SERVICE COMMISSION v. PRASADA 1171
      RAO AND ORS. [VS. SIRPURKAR, J.]

              in the select list which has already been prepared.   A

      (iii)   That after giving effect to the selection in terms of
              clauses (i) and (ii) above, the vacancies, if any,
              would then be filled up by the candidates from the
              select list/merit list in accordance with their merit   /
                                                                    8
              and rules of reservation as per the options given
              earlier or by giving similar option to the candidates
              selected and working in some other post.

     4. The selected candidates who are being appointed for
the first time would only be entitled to give fresh option and the C
candidates who had already exercised their option would not
be entitled to give any fresh option.

    5. In terms of the aforesaid order and directions, the
appeals stand disposed of.
                                                                    D
B.B.B.                                     Appeals disposed of.