Supreme Court of India
M. SURENDER REDDYversusGOVT. OF ANDHRA PRADESH AND ORS.
- Citation
- 2015 INSC 132
- Decided
- 18 February 2015
- Disposal
- Appeal(s) allowed
- Bench
- S MUKHOPADHAYA
Holding
G.O.Ms. No.124 dated 7 March 2002 is prospective and cannot be applied to the selection process that had already begun, and the State cannot amend procedural law with retrospective effect once selection has started.
Summary
The case concerned the applicability of G.O.Ms. No.124 dated 7 March 2002, which amended the procedure for filling posts under the Andhra Pradesh Public Employment Order, 1975. The selection process for various executive and non‑executive posts had already begun under Advertisement No.10 of 1999, and some appointments had been made between 2001‑2002. The petitioners argued that the 2002 amendment could not be applied retrospectively to the ongoing selection, while the respondents sought to enforce it. The Supreme Court held that, in the absence of express or implied language, statutory provisions operate prospectively; the State Government was not empowered by the 1975 Presidential Order to issue retrospective procedural changes once selection had started. Consequently, G.O.Ms. No.124 was deemed prospective and could not affect the earlier selection process. The Court set aside the Tribunal and High Court orders directing re‑casting of the merit list and directed the authorities to fill the remaining vacancies according to the 1999 procedure, allowing the appeal.
Issues considered
- Whether G.O.Ms. No.124 dated 7 March 2002 is retrospective in nature and therefore applicable to the selection process already commenced under Advertisement No.10 of 1999.
- If the amendment is retrospective, whether it mandates a review of the entire select list, disturbing appointments made between 2001 and 2002.
Legislation cited
Subjects
service lawreservationprocedural amendmentretrospective effectselection processlocal cadresmerit listappointmentconstitutional provision
Judgment
[2015] 2 S.C.R. 617
A M. SURENDER REDDY
v.
GOVT. OF ANDHRA PRADESH AND ORS.
B (Civil Appeal No. 5099 of 2006 etc.)
FEBRUARY 18, 2015
[SUDHANSU JYOTI MUKHOPADHAYA AND
C V. GOPALA GOWDA, JJ.]
Service Law- Selection - Procedure for selection to the posts
- Amendment of- Retrospective or prospective in nature -
On facts, process of selection started pursuant to the
D advertisement issued to fill up certain posts - Subseq1Jently,
G.0.Ms.No.124 dated 7th March, 2002 issued to amend the
procedure prescribed for selection - Tribunal allowed the
applications seeking implementation of G. 0. Ms. No. 124 -
Direction issued to APPSC to re-caste the merit list by
E implementing the G. 0. Ms. No. 124 - High Court held that the
selection is to be made in accordance with G.0.Ms.No.124
and that the order passed by the Court would not affect the
appointments already made to the executive post between
2001-2002- On appeal, held: State Government cannot pass
F any order amending a procedural law regarding reservation
in the matter of selection to posts, with retrospective effect,
once the procedure of selection starts -A statutory provision
is held to be retrospective either when it is so declared by
G express terms, or the intention to make retrospective clearly
follows from the relevant words and the context in which they
occur- G.0.Ms.No.124 is prospective in nature and is not
applicable to the process of selection started pursuant to
Advertisement including the executive posts which were
H ordered to be filled up by the High Court pursuant to the
617
M. SUREN DER REDDY v. GOVT. OF A. P. 618
advertisement- Thus, orders passed by the tribunal and the A
High Court set aside - Constitution of India, 1950-Art. 371-
D - Andhra Prade~h Public Employment (Organization of
Local Cadres and Regulation of Direct Recruitment) Order,
1975 -Andhra Pradesh Public Employment (Organization
of Local Cadres and Regulation of Direct Recruitment) B
Amendment) Order, 2001 - G. O.Ms.124 dated 7th .March,
2002.
Allowing the appeals, the Court
c
HELD: 1.1 In absence of any express or
necessarily implied provision in the statute, normally
statute affects the rights prospectively. A statutory
provision is held to be retrospective either when it is so
declared by express terms, or the intention to make D
retrospective clearly follows from the relevant words and
the context in whiC?h they occur. [Para 18] [647-C-D]
1.2 The Presidential Order, 1975 was issued in exercise
of powers under clauses (1) and (2) of Article 371-D of E
the Constitution empowering the State Government
under sub-paragraph (1) of paragraph 3 of the said order
to organize any class of posts in the civil services under
the State into different local cadres in different parts of
the State within 27 months from the commencement of F
the said order. Under proviso to sub-paragraph (1) it is
stated that notwithstanding the expiration of the said
period, the President may by order, require the State
Government whenever he considers it expedient to do c;
so to organize any class of posts in civil services 'Jf and
any class of civil posts under the State into different local
cadres or different parts of the State. By Presidential
order, 1975 the State Government has not been
empowered to pass any order under sub-paragraph (1) H
619 SUPREME COURT REPORTS [2015] 2 S.C.R.
A of paragraph 3 or paragraph 8 with retrospective effect.
Apart from the. fact that the State Government was not
empowered by the Presidential Order, 1975 to pass any
orders with retrospective date, in absence of any terms
or the intention to make it retrospective date, the G.O.Ms.
8 No.124 dated 7th March, 2002 cannot be given effect from
a retrospective date. In any case, the State Government
cannot pass any order amending a procedural law
regarding reservation in the matter of selection to posts,
C with retrospective effect, once the procedure of selection
starts. Thus, the G.O.Ms.No.124 is prospective and is not
applicable to the process of selection started pursuant
to Advertisement No.10 of 1999 including the 973
executive posts which were ordered to be filled up by
o the High Court pursuant to the advertisement. The
tribunal erred in directing the APPSC to re-caste the merit
list pursuant to G.O.Ms.No.124. The High Court rightly
held that the order passed by the Court would not affect
the appointments already made to the executive post
E between 2001-2002 but erred in holding that the
selection is to be made in accordance with
G.O.Ms.No.124. [Paras 19, 20, 21] [647-E-H; 648-A-E]
1.3 The orders passed by the tribunal and the Division
F Bench of the High Court is set aside. The respondents
are directed to fill up the rest of the posts including the
posts of Municipal Commissioners Grade-Ill, Asstt.
Commercial Tax Officers, Asstt. Labour Officers in
executive cadre and Asstt. Section Officers in non-
G executive cadre, which are vacant, as per President
Order, 1975 and the Government orders in consonance
with the Presidential Order which were prevailing in the
year 1999 when the Advertisement was issued. [Para
H 22] [648-F, H, 649-A-B]
M. SURENDER REDDY v. GOVT. OF A. P. 620
Shah Bhojraj Kuverji Oil Mills and Ginning Factory v. A
Subhash Chandra Yograj Sinha AIR 1961SC1596; Mst.
Rafiquennessa vs. Lal Bahadur Chetri and others AIR 1964
SC 1511 :1964 SCR 876 - referred to.
Case Law Reference B
AIR 1961 SC 1596 Referred to. Para 15
1964 SCR 876 Referred to. Para 15
CIVILAPPELLATE JURISDICTION: Civil Appeal No. 5099 C
of2006
From the Judgment and Order dated 27 .12.2004 of the High
Court of Judicature, Andhra Pradesh at Hyderabad in Writ
Petition No. 20350 of 2004 D
WITH
C. A. Nos. 5100 and 5101 of 2006
E
B.Adinarayana Rao, Venkateswara RaoAnumolu, Prabhakar
Parnam, Mukesh Sirohi, B. SridharfortheAppellant.
S. Udaya Kumar Sagar, G N. Reddy, G Ramakrishna Prasad,
Darpan K. M., Naveen R. Nath, Guntur Prabhakar, Anjani
Aiyagari, Ramlal Roy for the Respondents. F
The Judgment of the Court was delivered by
SUDHANSU JYOTI MUKHOPADHAYA, J. These
appeals have been preferred by the appellants against G
common judgment dated 27th December, 2004 passed by
the Division Bench of the High Court of Judicature, Andhra-:.
Pradesh at Hyderabad in Writ Petition Nos. 20106, 20350,
20539 and 21554 of 2004 and common order dated 28th
H
621 SUPREME COURT REPORTS [2015] 2 S.C.R.
A December, 2004 passed by the same High Court in Writ
Petition Nos.20215, 20305, 21558 and 23173 of 2004. By
the impugned common judgment, the High Court dismissed
the writ petitions, upheld the finding of the Andhra Pradesh
Administrative Tribunal (hereinafter referred to as the "Tribunal")
B and held as follows:
"26. In view of our foregoing discussions, we
record the following conclusions:
c (a) The finding of the Tribunal that the selection process
has to be in accordance with the G.O.Ms. No.124,
dated 8. 8. 2002 cannot be said to be erroneous or
contrary to law.
D (b) But, however, the direction that the entire select list
has to be reviewed clubbing the appointments
under 1st round selection is not sustainable and
accordingly the procedure as contemplated under
G. 0. Ms. No. 124 has to be followed only in respect
E of the candidates excluding the appointments
already made in 2001 and 2002 namely Asstt.
Municipa_I Commissioners Grade-Ill, Asstt.
Commercial Tax Officers, Asstt. Labour Officers
and Asstt. Section Officers in non-executive cadre
F in view of the peculiar and circumstances of this
case.
(c) The inter se seniority between the 1st round
appointees and later inducted persons under
G second round selection in the same cadre if any
shall be decided by the appropriate authority in
accordance with rules, depending on the merit
ranking obtained by them.
H
M. SU RENDER REDDY v. GOVT. OF A. P. 622
[SUDHANSU JYOTI MUKHOPADHAYA, J.]
(d) The Reservation to PHC category wherever it is not A
provided under the Special Rules cannot be
claimed and hence the findings of the Tribunal do
not call for any interference.
27. We do hope that the process of selection would be B
completed expeditiously without further hurdles. Subject
to the above conclusions, the Writ Petitions stand·.
dismissed."
By the impugned common order, the High Court disposed c
of the said writ petitions in terms of the common judgment dated
27th December, 2004 in Writ Petition No.20106 of 2004.
2. The brief facts of the case are as follows:
D
The President of India in exercise of powers conferred by
Clause (1) and (2) of Article 371-D of Constitution of India made
theAndhra Pradesh Public Employment (Organization of Local
Cadres and Regulation of Direct Recruitment) Order, 1975
dated 20th October, 1975 (hereinafter referred to as E
"Presidential Order"). Sub-Paragraph(1) of Paragraph 3 of the
said order gives power to the State Government to organize
classes of posts in the civil services of and classes of civil
posts under the State into different local cadres for different
parts of the State within 27 months from the commencement F
of the said order. Paragraph 8 relates to reservation in the
matter of direct recruitment. Relevant portion of which reads
as follows:
"8. Reservation in the matter of Direct G
Recruitment:-(1) 80% of the posts to be filled by direct
recruitment any time-
(a) in any local cadre under the State Government
comprising posts belonging to the category of lower H
623 SUPREME COURT REPORTS [2015] 2 S.C.R.
A division clerk or a Category equivalent to or lower than
that lower division clerk; and
(b) in any cadre under a local authority comprising post
carrying a scale of pay the minimum of which, or a fixed
B pay which does not exceed the minimum of the scale
of pay or a lower division clerk, shall be reserved in
favour of local candidates in relation to the local area
in respect of such cadre.
c (2) 70% of the posts to be filled by direct recruitment at
any time-
(a) in any local cadre under the State Government
comprising posts belonging to non-gazetted categories
o other than those referred to in item (a) of sub-paragraph
(1); and
(b) in any cadre under a local authority comprising
posts carrying a scale ofpay, the minimum of which, or
E a fixed pay which exceeds the minimum of the scale of
pay of a lower division clerk, but does not exceed Rs.
4801- per mensum on any amount corresponding to it
as may be specified in this regard in the successive
revisions of pay scales granted by the State
F Government from time to time shall be reserved in
favour of local candidates in relation to the local area
in respect of such cadre."
3. In exercise of the powers under sub-para(1) Paragraph
G 3 of the 'Presidential Order, 1975' the Andhra Pradesh State
Government issued G. 0. P. No. 729 dated 1st Novemer, 1975,
whereby 70% of non-gazetted category posts other than Lower
Division Clerk or equivalent posts were reserved in favour of
local candidates. By G.O.P. No.763 dated 15th November,
H
M. SUREN DER REDDY v. GOVT. OF A. P. 624
[SUDHANSU JYOTI MUKHOPADHAYA, J.]
1975 the State Goverriment prescribed certain procedures to A
be followed in conducting recruitment to the posts. Annexure Ill
to the said G.O.P. deals with the procedure to be followed for
selection of candidates for recruitment to the categories of
posts for which multiple cadre recruitment is made. As per
paragraph 5 of the annexure a combined merit list a local and B
non-local candidates shall be drawn up to fill up the vacancies.
4. Later, the Andhra Pradesh State Government issued
G.O.Ms. No.124 dated 7th March, 2002, whereby G.O.P.
No.763 dated 15th November, 1975 was amended by C
bifurcating combined merit list into two parts i.e. one reserved
for local candidates and another for both local and non-local
candidates.
5. On 28th December, 1999, the Andhra Pradesh Public D
Service Commission (hereinafter referred to as the "APP SC")
issued Advertisement N0.10 of 1999 to fill up certain Executive
and Non-Executive Posts of 27 categories under Group-II
services of State Government. As per the said Advertisement
selection was to be made on the basis of marks obtained in E
written test plus oral test for executive posts and only on the
basis of marks obtained in the interview, the written test for
non-executive posts. Later the State Government withdrew that
part of the advertisement which called for applications to 141 F
vacant posts of Assistant Section Officers. Accordingly, more
than 3 lacs candidates appeared in the written examination
and among them 269 persons were called for interview for
appointment to the executive posts on the basis of marks
obtained in the written examination. After concluding interviews, G
104 candidates were selected for executive posts in December
2000. Subsequently, in view-of an order passed by the Tribunal
in O.a.No.7443 of2000, filed againstthe non-exclusion of 141
posts of Assistant Section Officers 113 candidates including
H
625 SUPREME COURT REPORTS [2015] 2 S.C.R.
A the appellants were recommended for non-executive posts i.e.
Asstt. Sections Officers in February, 2002 based on marks
obtained in written test.
Subsequently, as per the directions of the High Court, 973
B Executive posts were included in Advertisement No.10 of 1999
and more than 2000 candidates along with the appellants were
called for interview on the basis of the marks obtained in the
written examination. Thereafter, the APPSC selected 973
candidates for executive posts on the basis of written plus oral
C test and prepared common merit list by including 104
candidates who were already appointed against executive
posts.
6. Some of the c~ndidates filed applications before Tribunal
D to implement G.O.Ms. No.124 dated 7th March, 2002 which
was allowed by the,Tribunal with a direction to the APPSC to
re-caste the merit list by implementing the G.O.Ms. No.124.
Being aggrieved by the said direction, when the appellants
filed Writ Petitions, the High Court while dismissed the same
E directing to exclude the present appellants and other AS.Os
from consideration to the executive posts.
As the above said direction of the High Court created
an anomaly restricting the meritorious candidates, already
F appointed Asstt. Sections Officers who were appointed to the
to lower non-executive posts and less meritorious candidates
were to get higher posts in executive cadres, the appellants
have challenged the same.
G 7. Learned counsel for the appellants submitted that G. 0 .Ms.
No.124 dated 7th March, 2002 cannot be applied
retrospectively to the selection already in process or selection
already made, particularly when the State Government's order
H is a part of substantive law and not procedural law. It is further
M. SU RENDER REDDY v. GOVT. OF A. P. 626
[SUDHANSU JYOTI MUKHOPADHAYA, J.)
contended that G.O.Ms.124 dated 7th March, 2002 is null and A
void having issued after lapse of period of limitation prescribed
in sub-para(1) of Paragraph 3 of the Presidential Order, 1975.
Further, according to the counsel forthe appellants, GO.Ms.124
dated 7th March, 2002 is ultra vires of Presidential Order, 1975
and G.O.P. No.729 dated 1st November, 1975 and GO.P. B
No.763 dated 15th November, 1975 issued in pursuance of
Paragraph 3(1) of the Presidential Order, 1975.
8. We have heard learned counsel for the parties, perused
the records and relevant notifications relating to reservation of C
posts issued from time to time.
The questions that arise for determination in this case
are: (a)whether G.O.Ms.124 dated 7th March, 2002 is
retrospective in nature in order to make it applicable to the D
posts for which selection process has already started pursuant
to 1999 advertisement, and (b) If the said G.0.Ms. is
retrospective, whether it is required to review the entire select
list disturbing the appointments already made during the period
between the 2001 and 7th March, 2002. E
9. The Presidential Order, 1975 by virtue of sub-paragraph
(1) of Paragraph 3 empowers the State Government to
organize classes of posts in civil services under the State into
different local cadres in different parts of Statewithin 27 months F
from the commencement of the said order. Paragraph 3 of the
order empowers the State to organize Local Cadres, which is
as follows:
"3. Organization of local cadres :- (1) The State G
Government shall within a period of • twenty-seven
months [Vide GO. Ms. No. 728, G.A. (SPF.A) Dept, dt.
27-10-1977]from the commencement of this Order,
organize classes of posts in the civil services of and
H
627 SUPREME COURT REPORTS [2015) 2 S.C.R.
A classes of civil posts under the State into different local
cadres for different parts of the State to the extent and in
the manner, hereinafter provided.
Provided that, notwithstanding the expiration of the
B said period, the President may by order, require the State
Government, whenever he considers it expedient so to
do, to organize any classes of posts in the civil services
of and classes of civil posts under the State into different
local cadres or different parts of the State.(Vide G.O.
c Ms. No. 34, G.A. (SPF.A) Dept, date 24-1-81)
(2) The posts belonging to the category of lower division
clerk and each of the other categories equivalent to, or
lower than that of a lower division clerk, in each
D department in each district shall be organized into
separate cadre.
Explanation:-. For the purposes of this sub-paragraph,
sub-paragraph(1) of paragraph 6, and sub-paragraph
E (1) of paragraph 8 a category shall be deemed to be
equivalent to or lower than that of a lower division clerk if
the minimum of the scale of pay of a post belonging to
that category or where the post carries a fixed pay, such
fixed pay is equal to or lower than the minimum of the
F scale of pay of a lower division clerk.
(3) The posts belonging to each non gazetted category,
other than those referred to in sub-paragraph (2), in each
department in each zone shall be organized into a
G separate cadre.
(4) The posts belonging to each specified gazetted
category in each department in each zone shall be
organized into a separate cadre.
H
M. SURENDER REDDY v. GOVT. OF A. P. 628
[SUDHANSU JYOTI MUKHOPADHAYA, J.]
(5) Notwithstanding anything contained in sub-paragraph A
(3) and (4), the State Government may where it considers
it expedient so to do and with the approval of the Central
Government, organized the posts belonging to any of
the categories referred to therein, in any department, or
any establishment thereof, in two or more contiguous B
zones into a single cadre.
(6) Notwithstanding anything contained in sub
Paragraphs (2), (3), (4) and (5), the Central Government;
may notify the departments in which and the categories c
of posts for which a separate cadre has to be organized
for the City of Hyderabad and on such notification, the
posts belonging to each such category in each such
department in the said City (other than those concerned
D
with the administration of areas falling outside, the said
City) shall be organize into a separate cadre and the
posts so organized in pursuance of this paragraph or
Constituted otherwise and comprising posts belonging
to the category in ihat department. E
(7) In organising a. separate cadre in respect of any
category of posts in any department for any part of the
State, nothing in this Order shall be deemed to prevent
the State Government from organising or continuing more
F
than one cadre in respect of such category is such
departmentfor such part of the State.
(8) Where the Central Government is satisfied that it is
not practicable or expedient to organize local cadres
G
under this paragraph in respect of any non gazetted
category of posts in any department, it may, by
notification, make a declaration to that effect and on such
declaration the provisions of this paragraph shall not
apply to such category of posts." H
629 SUPREME COURT REPORTS [2015] 2 S.C.R.
A Each district is regarded as a 'Local area' as per
paragraph 6, which is as follows:
"6. Local areas:- (1) Each district shall be regarded
as a local area-
B
(i) for direct recruitment to posts in any local cadre
under the State Government comprising all or any of
the posts in any deparlment in that district belonging
to the category of a lower division clerk or to any other
c category equivalent to or lower than that of a lower
division clerk.
(ii) for direct recruitment to posts in any cadre under
any local authority within under that district carrying a
D scale of pay, the minimum of which does not exceed
the minimum of the scale of pay of a lower division
clerk or a fixed pay not exceeding that amount.
(2) Each Zone shall be regarded as a local area-
E (i) for direct recruitment to posts in any local cadre under
the State Government comprising all or any of the posts
in any deparlment in that zone belonging to any non-
gazetted cateqory other than those referred to in sub
paragraph (1);
F
(ii) for direct recruitment to posts in any local cadre
comprising all or any of the post in any deparlment in
that zone belonging to the categories of Tehsildars,
Asst. Executive Engineers, Assistant Agricultural
G
Officers, Inspectors of Police and Motor Vehicle
Inspectors (Vide G.O. Ms. No. 498,dt. 16-7-1977
G.O.Ms. No. 34, dt. 24-1-1981andG.0. Ms. No. 635,
G.A.(SPF. A) Dept. dated 30-11-1993)
H
M. SU RENDER REDDY v. GOVT. OF A. P. 630
[SUDHANSU JYOTI MUKHOPADHAYA, J.)
(iii) For direct recruitment to posts in any cadre under A
any local authority within that zone, carrying a scale of
pay, the minimum of which exceeds the minimum of
the scale of pay of a lower division clerk but does not
exceed Rs. 4801- per mensum or a fixed pay which
exceeds the minimum of the scale of pay of a lower B
division clerk but does not exceed Rs. 4801- per
mensum or any amount corresponding to it as may be
specified in this regard in the successive revisions or
pay scales granted by the State Government from time
of time. (GO.Ms. "635, GA (SPF.A) Dept. dated 30-11-
c
93.17)
Provided that where a single cadre has been
organized for two or more zones under sub-paragraph
D
(5) of paragraph 3 of posts belonging to any of the
categories referred to in clause (i) or clause (ii) each of
such zones shall be regarded as separate local area
in respect of such cadre.
E
(3) Notwithstanding anything contained in sub-
paragraphs (1) and (2),-
(i) the City of Hyderabad shall be regarded as a local
area for direct recruitment to posts in any local cadre
under the State Government comprising all or any of F
the posts in the said City in the departments and
belonging to the categories notified under Sub-
paragraph (6) of paragraph 3 and the said City shall
be excluded from the local area relatable to any other
G
local cadre compnsing posts in the departments and
belonging to the categories so notified; and
(ii) the City of Hyderabad shall be regarded as a local
area for direct recruitment to posts in any cadre under
HI
631 SUPREME COURT REPORTS (2015] 2 S.C.R.
A a local authority within the said City comprising posts
carrying a scale of pay the minimum of which does not
exceed Rs. 4801- per mensum or any amount
corresponding to it as may be specified in this regarded
in the successive revisions of pay scales granted by
B the State Government from time to time, or a fixed pay
not exceeding that amount, and the said City shall be
excluded from the local area relatable to any cadre
under any local authority not within the said City. (G. 0.
Ms.No. 635, G. A. (SPF. A) Dept. dated 30-11-93)
c
(4) Notwithstanding anything contained sub-paragraphs
(1 ), (2) and (3),
(1) the districts of Medak, Ranga Reddy and
D Hyderabad shall be regarded as a local area for direct
recruitment to posts in any cadre under the Hyderabad
Urban Development Authority comprising posts,
carrying a scale of pay, the minimum of which does
not exceed the minimum of the scale of pay of lower
E division clerk or a fixed pay not exceeding that amount.
(ii) Zone VI shall be regarded as a local area for direct
recruitment to posts in any cadre under the Hyderabad
Urban Development Authority comprising posts,
F carrying a scale of pay, the minimum of which exceeds
the scale of pay of a lower division clerk but does not
exceed Rs. 4801- per mensum, or a fixed pay which
exceeds the minimum of the scale of the pay of a lower
division clerk but does not exceed Rs. 4801- per
G
mensum J-6981318 or any amount corresponding to it
as may be specified in this regard in the successive
revisions of pay scales granted by the State
Government from time to time. (Vide G. 0. Ms. No. 498,
H G. A. (SPF. A) Dept. dt. 16-7-77 and G.O. Ms.No. 34, G.
M. SU RENDER REDDY v. GOVT. OF A. P. 632
[SUDHANSU JYOTI MUKHOPADHAYA, J.]
A. (SPF. A.) Dept, dt. 24-1-1981.)" A
"Local candidates" for direct recruitment to any post in
relation fo the local area is defined in paragraph 7 as follows:
"7. Local Candidate:- (1) A candidate for direct · B
recruitment to any post shall be regarded as a local
candidate in relation to a local area.-
(a) in cases where a minimum educational qualification
has been prescribed for recruitment to the posts-
c
(i) If he has studied in an educational institution or
educational institutions in such local area for a period
of not less than four consecutive academic years
ending with the academic year in which he appeared
D
or, as the case may be, first appeared for the relevant
qualifying examination; or
(ii) where during the whole or any part of the four
consecutive academic years ending with the academic
year in which he appeared or as the case may be, first
E
appeared for the relevant qualifying examination he
has not studied in any educational institution, if he has
resided in that local area for a period of not less than
four years immediately preceding the date of
F
commencement of the qualifying examination in which
he appeared or as the case may be, first appeared.
(b) In cases where no minimum educational
qualification has been prescribed for recruitment to the
G
post, if he has resided in that local area for a period of
not less than four years immediately preceding the date
on which the post is notified for recruitment.
Explanations:- For the purpose of this paragraph. -
H
633 SUPREME COURT REPORTS [2015] 2 S.C.R.
A (i) 'educational institution' means a University or any
educational Institution recognised by the State
Government, a University or other competent authority;
(ii) 'relevant qualifying examination' in relation to a post
B means;
(A) the examination, a pass in which is the minimum
educational qualification prescribed for the post;
(8) the Matriculation examination or an examination
c declared by the State Government to be equivalent to
the Matriculation examination; which is lower; and
(iii) in reckoning the consecutive academic years during
which a candidate has studied, arlY period of
D
interruption of his study be reason of his failure to pass
any examination shall be disregarded.
(iv) the question, whether any candidate for direct
recruitment to any post has resided in any local area
E shall be determined with reference to the places where
the candidate actually resided and not with reference
to the residence of his parents or other guardian (Vide
GO.Ms. No. 168, GA. (SPF.A) Dept. dt.10-3-77).
F (2) A candidate for direct recruitment to any post who is
not regarded as a local candidate under sub-paragraph
(1) in relation to any local area shall.-
(a) in cases where a minimum educational qualification
G has been prescribed for recruitment to the post.
(i) If he has studies in educational institutions in that
State for a period of not less than seven consecutive
academic years ending with academic year in which
H
M. SURENDER REDDY v. GOVT. OF A. P. 634
[SUDHANSU JYOTI MUKHOPADHAYA, J.]
he appeared or as the case may be, first appeared for A
the relevant qualifying examination be regarded as a
local candidate in relation to
(1) Such local area where he has studied for the
maximum period out of the said period of seven years; B
or
(2) where the period of his study in two or more local
areas are equal, such local areas where he has studied
last in such equal periods; c
(ii) If during the whole or any part of the seven
consecutive academic years ending with the academic
years in which he appeared or as the case may be first
appeared for the relevant qualifying examination, he D
has not studied in the educational institutions in any
local areas, but has resided in the State during the whole
of the said period of seven years, be regarded as a local
candidate in relation to
E
(1) such local area where h.e has resided for a maximum
period out of the said period ofseven years : or (2) where
the periods of his residence in two or more local areas
are equal, such /Oca/ area where he has resided last in
such equal periods ; F
(b) in cases where no minimum educational
qualification has been prescribed for recruitment to the
post, if he has resided in the State for period of not less
than seven years immediately preceding the date on G
which the post is notified for recruitment, be regarded
as a local candidate in relation to
(i) such local area where he has resided for the
maximum period out of the said period of seven years H
635 SUPREME COURT REPORTS [2015] 2 S.C.R.
A ; or (ii) where the periods of his residence is two or more
local areas are equal such local area where he has
resided last in such equal periods.(G.O.Ms. No. 168,
dated 10-3-1977)"
B Paragraph 8 mandates reservation in the matter of
direct recruitment r~levant of which is quoted below:
"8. Reservation in the matter of Direct
Recruitment:- (1) 80% of the posts to be filled by direct
c recruitment any time-
(a) in any local cadre under the State Government
comprising posts belonging to the category of lower
division clerk or a Category equivalent to or lower than
o that lower division clerk; and
(b) in any cadre undf!r a local authority comprising post
carrying a scale of pay the minimum of which, or a
fixed pay which does not exceed the minimum of the
E scale ofpay or a lower division clerk, shall be reserved
in favour of local candidates in relation to the local
area in respect of such cadre.
(2) 70% of the posts to be filled by direct recruitment at
any time-
F
(a) in any local cadre under the State Government
comprising posts belonging to non-gazetted categories
other than those referred to in item (a) of sub-paragraph
(1); and
G
(b) in any cc.-dre under a local authority comprising
posts carrying a scale ofpay; the minimum of which, or
a fixed pay which exceeds the minimum of the scale of
pay of a lower.division clerk, but does not exceed Rs.
H
M. SU RENDER REDDY v. GOVT. OF A. P. 636
[SUDHANSU JYOTI MUKHOPADHAYA, J.)
4801- per mensum on any amount corresponding to it A
as may be specified in this regard in the successive
revisions of pay scales granted by the State
Government from time to time shall be reserved in
favour of local candidates in relation to the local area
inrespectofsuchcadre. (GO.Ms. No. 635, GA (SPF.A) B
Dept, dated 30-11-93).
(3) 60 % of the posts to be filled by direct recruitment at
any time in any local cadre under the State Government
comprising posts belonging to the categories of c
Tehsildars, Assistant Executive Engineers, Assistant
Agricultural Officers, Inspector of Police and Motor
Vehicle Inspectors shall be reserved in favour of local
candidates in relation to the local area in respect of
D
such cadre.(G.O.Ms. No. 498, G.A. (SPF. A) Dept, Dt.
16-7-1977)(G.0.Ms. No. 34, GA. (SPF. A) Dept, Dt. 24-
1-1981)(G.0.Ms. No. 635, G.A. (SPF. A) Dept, Dt. 30-
11-1993).
/
(4) Notwithstanding anything contained in sub-
E
paragraph (2) or sub-paragraph(3) where, in respect of
any of the categories.referred to in the said paragraph
a single cadre has been organized for two or more zones
under sub-paragraph (5) ofparagraph 3, 70% or as the F
case may be, 60 % of the posts to be filled by direct
r.ecroitment at anytime in such cadre shall be reserved
in favour of and allocated amongst the local candidates
in relation to each of the local areas in respect of such
cadre in the ratio specified in the Second Schedule G
against the zone comprising each such local area.
(5) 60% of the posts under the State Government
belonging to the category of Civil Assistant Surgeons
to be filled by direct recruitment at any time shall be H
637 SUPREME COURT REPORTS [2015] 2 S.C.R.
A reserved in favour of and allocated amongst the local
candidates in relation to the local area specified in
column (1) the Table below in the respective ratios
specified in the corresponding entry is column (2)
thereof."
B
Paragraph 9 deals with carry forward of reserved posts,
if no candidate is available, which is as follows:
"(9) Carry forward of reserved posts:- If a qualified local
c candidate in respect of a local area is not available to
fill a post reserved or allocated in favour of a local
candidate in respect of that local area, such post shall
be carried forward for recruitment of a local candidate
in respect of that local area for period not exceeding
D three years;
Provided that p.ending recruitment of a local .
candidate, such post may be filled in temporarily by
borrowing the service of a person holding a post of the
E same category in any other local cadre or under any
other local authority as the case may be (Vide G.O.
Ms. No. 34,dt. 24-1-1981)."
Paragraph 11 stipulates thatthe order to have overriding
F effect over Statute, Ordinance, Rule, Regulation or other order
made before or after the commencement of the said Order in
respect of direct recruitment to posts under the State
Government or any local authority.
G 10. After publication of the Presidential Order 1975 the
Government of Andhra Pradesh by G.O.P. No.729 dated 1st
November, 1975, intimated the Scheme of the Order and
directed the authorities to furnish District-wise list in case of
categories of Lower Divisional Clerk and equivalent or lower
H
M. SU RENDER REDDY v. GOVT. OF A. P. 638
[SUDHANSU JYOTI MUKHOPADHAYA, J.]
categories and Zone-wise list in the case of higher categories. A
11. Referring to the Presidential Order, 1975, Government
of Andhra Pradesh issued G.O.P No. 763 dated 15th
November, 1975 communicating the Scheme and the
procedure to be followed in such appointments relevant portion B
of which reads as follows:
"2. Recruitment of candidates is basically of two types
size, single unit i.e. single cadre recruitment and
multiple unit i.e.; multiple cadre recruitment. Where c
recruitment is made to fill vacancies in a single cadre
i.e., single unit of appointment comprising posts in a
given category for a particular department, it can be
categorized as single cadre recruitment. Where
$Cruitment is made to fill vacancies in more than one D
cadre (i.e., for than one unit of appointment in the same
or different parts of the State) comprising posts in a
given category or different categories in one or more
department, such recruitment will be multiple units or
multiple cadre recruitment. For example when E
recruitment is made to fill vacancies of Lower Division
Clerk in a district in one department, it becomes single
cadre recruitment. Where, however, a combined
recruitment is made to fill up the posts of Lower Division F
Clerks in a district in more than one department of where
a combined recruitment to fill vacancies in similar
categories like Lower Division Clerks, Typists,
Stenographers etc., in one district in one or more
departments is made, it becomes multiple cadre G
recruitment;
3. Recruitment to a single multi-zonal cadre
contemplated under the Presidential Order a.nd to the
category of Civil Assistant Surgeons will also come H
639 SUPREME COURT REPORTS [2015] 2 S.C.R.
A under the category of single cadre recruitment but with
the difference that preference in the matter of direct
recruitment in such cases is to be given to local
candidates not one local area but of the different local
areas covered by such cadre in the ratio prescribed in
B the Presidential Order.
4. Multiple cadre recruitment may take different forms
especially in the implementation of the proposed
Presidential Order on the organization of local cadres.
c It may take the form of:
(a) Recruitment to fill up the vacancies in a single
category for different local cadres or different parts of
the State (local areas) in one department, e.g.
D recruitment of Clerks in the Judicial Department for
Courts in the districts undertaken by the Andhra
Pradesh Public Service Commission.
(b) Recruitment to fill up the vacancies in identical or
E different categories in different local cadres in different
departments in one part of the State (local area) e.g.,
recruitment of Group-IV services undertaken by the
Collectors now.
F (c) Recruitment to fill up the vacancies in different
categories in different local cadres in different
departments df different parts of the Ste (local areas)
e.g. recruitment of Group-II Services undertaken by the
Andhra Pradesh Public Service Commission.
G
5. The State Government have considered the
'
manner in which the scheme of reservation in favour
of local candidates provided in the Andhra Pradesh
Public Employment (Organization of Local Cadres and
H
M. SUREN DER REDDY v. GOVT. OF A. P. 640
[SUDHANSl) JYOTI MUKHOPADHAYA, J.]
Regulation of Direct Recruitment) Order, 1975 should A
be implemented taking into account the provisions
made in regard to appointments in favour of Backward
Classes, the Scheduled Castes and the Scheduled
Tribes and have decided that the procedure set out in
the Annexure to this order may be followed in this B
regard.
6. The procedure set out in Annexure-1 to this order
is to be followed for selection of candidates for
recruitment of the categories of posts df which single c
cadre recruitment is made. The procedure set out in
Annexure-11 will apply to selection of candidates of
recruitment of evel}' categol}' ofposts for whic/1 a Multi-
zonal cadre is set up and also in the matter of
D
' recruitment of the categol}' of Civil Assistant Surgeons
where the posts reserved in favour of local candidates
are required to be appointed in the prescribed ratio
<!mong local candidates of different local areas
covered by such cadre. The procedure set out in E
Annexure-111 to this order is to be followed for selection
of candidates for recruitment to the categories ofposts
for which multiple cadre recruitment is made.
7. All the recruiting authorities and appointing F
authorities are requested to follow the instructions
annexed to the said G. O.P No. 763 dated 15th
November, 1975 while making recruitment either
temporal}' or regular, to posts coming within the ambit
of paragraph 8 of the Andhra Pradesh Public G
Employment (Organization of Local Cadres and
Regulation of Direct Recruitment) Order, 1975."
12. On 13th December, 2001, the President of India in
exercise of the powers conferred by clauses (1) and (2) of H
641 SUPREME COURT REPORTS (2015] 2 S.C.R.
A Article 371-D of the constitution of India, amending theAndhra
Pradesh Public Employment (Organization of Local Cadres
and Regulation of Direct Recruitment) Order, 1975 namely-
theAndhra Pradesh Public Employment (Organization of Local
Cadres and Regulation of Direct Recruitment)Amendment)
B Order, 2001 published by the Government of India, Ministry of
Home Affairs S. 0. 1219(E). The said Amendment Order reads
as follows:
"2. In the Andhra Pradesh Public Employment
c (Organization of Local Cadres and Regulation of Direct
Recruitment) Order 1975:-
(1) In paragraph 2 in Sub-Paragraph (1), to clause (a)
the following shall be added namely:-
D
''The tenitorial Jurisdiction in respect of the posts
belonging to the Department of School Education shall
be the Revenue District of Hyderabad."
E · (2) In paragraph 8, in Sub-paragraph(1) after item (b),
the following item shall be deemed to have been added
with effect from the 1st June 2001, namely;-
"C (i) in any local cadre under the State Government
F comprising posts belonging to the categories of Teachers in
the Andhra Pradesh School Education Subordinate Service
and other similar or equivalent categories ofposts of teachers
under any Department of the State Government; and
G(ii) in any cadre under a local authority or under any such
other management, as may be notified by the State
Government from time to time carrying a scale of pay equal
to that of posts in· the Andhra Pradesh School Education
Subordinate Service shall be reserved in favour of local
H candidates in relation to the local area in respect of such
M. SURENDER REDDY v. GOVT. OF A. P. 642
[SUDHANSU JYOTI MUKHOPADHAYA, J.]
cadre." A
(3) In paragraph 8, in Sub-paragraph (2) in item (a) for
the words and figure "in item (a) of Sub-paragraph (1)", the
words and figure "in item (a) or in item (c) of sub-paragraph
(1)'; shall be substituted." ·B
13. The Government of Andhra Pradesh by G.O.Ms. No.8
dated 8th January, 2002 referring to paragraph 8 of the
Presidential Order, 1975 made amendment in the procedure
prescribed in paragraph 3 and 4 of Annexure-1 to G.O.P.No~763 c
dated 15th November, 1975. The said GOMs. Reads as
follows:
"GOVERNMENT OF ANDHRA PRADESH
D
GENERAL ADMINISTRATION (SPF-A)
DEPARTMENT
G.0.Ms.No.8 Dated: 08.01.2002
Read the following E
1. G.O.Ms.No.674, GA(SPF-A) Department, dated
20.10.1975
2. G.O.P.No. 729, GA(SPF-A) Department, dated
F
01.11.1975.
3. G. 0. P. No. 763, (SPF-A) Department, dated
15.11.1975
4. U.O. Note N0.237/SPF-A/85-2, GA(SPF-A) G
Department, dated 20.05.1985
5. G.O.Ms.No.2, G.A.(SPF-A) Department, dated
03.01.2002.
H
643 SUPREME COURT REPORTS [2015] 2 S.C.R.
A ORDER
In terms of para-8 of the Andhra Pradesh Public
employment (Organization of Local Cadres and
Regulation of Direct Recruitment) Order, 1975, i.e.
B Presidential Order, referred to in the reference first read
above, in the case of District Cadres, 80% of the posts
under Direct Recruitment are reserved for local
candidates, as ·defined in para-7 of the Presidential
Order. The remaining 20% of the posts are open posts
c for which local and non-locals have to be considered
on the basis of combined merit. This aspect has
already been clarified in the U.O. Note fourth read
above. The Government have also issued instructions
in the G. 0. third read above in the manner in which the
D
posts have to be filled up.
2. Government have re-examined the matter of filling
up of the posts as prescribed in the G 0. third read
above. Accordingly it is decided that while filling up of
E the posts under Direct Recruitment, the first 20% of
posts should be filled following combined merit list of
locals and non~locals and, thereafter, the remaining
80% of the posts shall be filled up by locals only.
F However, while filling up of the posts the special
representation under Rule 22 of the A.P. State and
Subordinate Service Rules shall be followed suitably.
3. Accordingly the following amendment is issued to
the procedure prescribed in paras 3 and 4 of the
G
Annexure I to the G. 0. (P) No. 763, General
Administrative (SPF.A) Department, dated 15th
November, 1975.
4. In respect oftheAnnexure-11 & Ill to the G.O. 3rd
H
M. SURENDER REDDY v. GOVT. OF A. P. 644
[SUDHANSU JYOTI MUKHOPADHAYA, J.)
read abovf! orders will be issued separately. A
AMENDMENT
5. In the said orders, in the Annexure-1,
(i) for paragraphs 3 and 4 the following shall be B
substituted nam(j!IY,
"Para 3: The provisional list shall be divided into two
parts. The first part will comprise first 20% of the list.
The second part will comprise the balance 80%. In case c
the provisional list does not contain any non-local
candidate in the second part the list shall be approved.
Para 4: If, however, on the scrutiny referred to in para
3 it is found that there are non-local candidates in the D
second part of the list, then these candidates shall be
removed and replaced by local candidates ensuring
that the rule of reservation is followed.
(ii) the illustrations thereunder shall be omitted. E
(BY ORDER AND IN THE NAME OF THE
GOVERNOR OF ANDHRA PRADESH)"
14. It was followed by G.O.Ms.No.124 dated 7th March, F
2002, whereby the Government of Andhra Pradesh amended
the procedure prescribed in Annexure II and Ill of
· G.O.Ms.No.763 dated 15th November, 1975 which reads as
follows:
G
"GOVERNMENT OF ANDHRA PRADESH
ORDER
In the G 0. 6th read above, orders were issued that
H
645 SUPREME COURT REPORTS (2015) 2 S.C.R.
A while filling up of the posts under Direct Recruitment,
the first 20% of posts should be filled following
combined merit list of locals and non-locals (i.e. Open
Category) and, thereafter, the remaining 80% of the
posts shall be filled up by locals only. While filling up
B of the posts the special representation under Rule 22
of the AP. State and Subordinate Service Rules shall
be followed strictly. It was also ordered therein that the
amendments ·to the Annexures II and Ill to the G.O.
third read above be issued separately.
c
2. Accordingly, the following amendments are issued
to the procedure prescribed in the Annexures II and Ill
to the G.O.Ms.No. 763, G.A.(SPF-A) Department, dated
15th November, 1975.
D
AMENDMENTS
In the said Government orders,
E (1) In the Annexure - II,
(i) for paragraphs 3 and 4, the following shall be
substituted, namely,
"3: The Provisional list shall be divided into two parts.
F The first part shall comprise 30% of the posts
consisting of combined merit lists of locals as well ·
as non-locals and the remaining second part shall
comprise the balance 70% of the posts consisting of
locals only and the posts shall be filled duly following
G
the rule of reservation."
(2)in the Annexure - Ill, for paragraph 3, the following
shall be substituted, namely,
H
M. SU RENDER REDDY v. GOVT. OF A. P. 646
[SUDHANSU JYOTI MUKHOPADHAYA, J.]
"3: The provisional list shall be divided into two parts. A
The first part shall comprise 40% of the posts
consisting of combined merit lists of locals as well
as non-locals and the remaining second part shall
comprises the balance 60% of the posts consisting
of locals only and the posts shall be filled duly B
following the rule of reservation."
15. The applicability of the aforesaid G. 0 .Ms. No.124 dated
7th March, 2002 is in dispute in the present case.
c
16. In Shah Bhojraj Kuverji Oil Mills and Ginning
Factory v. Subhash Chandra Yograj Sinha, AIR 1961 SC
1596, the Constitutio.n Bench of this Court while considering
the question as to whether an Act is to be made operative
prospectively.or retrospectively held: D
· "12'. ........... a section may be prospective in some
. parts and retrospective in other parts. While it is the
ordinary rule that substantive rights should not be held
to be taken away except by express provision ore/ear E
· implication, many Acts, though prospective in form,
have been given retrospective operation, if the
intention of the legislature is apparent."
17. In Mst. Rafiquennessa vs. Lal Bahadur Chetri and F
others, AIR 1964SC1511, another five-Judge Bench of this·
Court while dealing with the question of effect of retrospective
legislation on vested rights observed:
"It is not disputed by him that the legislature is G
competent to take away vested rights by means of
retrospective legislation. Similarly, the legislature is
undoubtedly competent to make laws which override
and materially affect the terms of contracts between
H
647 SUPREME COURT REPORTS [2015]2S.C.R.
A the parties; but the argument is that unless a clear
and unambiguous intention is indicated by the
legislature by adopting suitable express words in that
behalf, no provision of a statute should be given
retrospective operation if by such operation vested
B rights are likely to be affected. These principles are
unexceptionable and as a matter of law, no objection
can be taken to them."
18. In absence of any express or necessarily implied
C provision in the statute, normally statute affects the rights
prospectively.
A statutory provision is held to be retrospective either
when it is so declared by express terms, or the intention to
D make retrospective clearly follows from the relevant words and
the context in which they occur.
19. The Presidential Order, 1975 was issued in exercise
of powers under clauses (1) and (2) of Article 371-D of the
E Constitution empowering the State Government under sub-
paragraph (1) of paragraph 3 of the said order to organize
any class of posts in the civil services under the State into
different local cadres in different parts of the State within 27
months from the commencement of the said order. Under
F proviso to sub-paragraph (1) it is stated that notwithstanding
the expiration of the said period, the President may by order,
require the State Government whenever he considers it
expedient to do s9 to organize any class of posts in civil
G services of and any class of civil posts under the State into
different local cadres or different parts of the State. By
Presidential order, 1975 the State Government has not been
empowered to pass any order under sub-paragraph (1) of
paragraph 3 or paragraph 8 with retrospective effect. Apart
H from the fact that the State Government was not empowered
M. SUREN DER REDDY v. GOVT. OF A. P. 648
[SUDHANSU JYOTI MUKHOPADHAYA, J.]
by the Presidential Order, 1975 to pass any orders with A
retrospective date, in absence of any terms or the intention to
make it retrospective date, the G.O.Ms. No.124 dated 7th
March, 2002 cannot be given effect from a retrospective date.
20. In any case, the State Government cannot pass any B
order amending a procedural law regarding reservation in the
matter of selection to posts, with retrospective effect, once the
procedure of selection starts.
21. For the reasons aforesaid, we hold that the c
G.O.Ms.No.124 dated 7th March, 2002 is prospective and is
not applicable to the process of selection started pursuant to
Advertisement No.10 of 1999 including the 973 executive
posts which were ordered to be filled up by the High Court
pursuant to the advertisement. The Tribunal erred in directing D
theAPPSC to re-caste the merit list pursuant to GO.Ms. No.124
dated 7th March, 2002. The High Court by the impugned
judgment dated 27th December, 2004 rightly held that the order
passed by the Court will not affed the appointments already
made to the executive post between 2001-2002 but erred in E
holding that the selection is to be made in accordance with
G.O.Ms.No ..124 dated 7th March, 2002
22. For the reasons aforesaid, we set aside the orders
passed by the Andhra Pradesh Administrative Tribunal and F
the impugned common judgment dated 27th December, 2004
and the impugned common order dated 28th December, 2004
passed by the Division Bench of the High Court of Judicature,
Andhra Pradesh at Hyderabad in Writ Petition Nos. 20106 of G
2004, 21558 of2004, etc.
In view of the foregoing discussions, we direct the
respondents to fill up the rest of the posts including the posts
" of Municipal Commissioners Grade-Ill, Asstt. Commercial Tax H
649 SUPREME COURT REPORTS [2015] 2 S.C.R.
A Officers, Asstt. Labour Officers in executive cadre and Asstt.
Section Officers in non executive cadre, which are vacant, as
per President Order, 1975 and the Government orders in
consonance with the Presidential Order which were prevailing
in the year 1999 when the Advertisement was issued. The inter
B se seniority between the persons appointed in the 1st round
and the persons appointed afterwards in the same cadre, if
any, shall be decided by the appropriate authority in accordance
with the rules, depending on the merit ranking obtained by them.
C 23. We direct the authority to complete the process of
selection expeditiously preferably within three months. The
appeals are allowed with aforesaid observations and
directions.
D Nidhi Jain Appeals allowed.
E
F
G
H
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