M. Surender Reddy vs Govt. Of A.P. And Ors

2. The brief facts of the case are as follows:

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 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 3 of the 'Presidential Order, 1975' the Andhra Pradesh State Government issued G.O.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, 1975 the State Government prescribed certain procedures to be followed in conducting recruitment to the posts. Annexure III 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 non-local candidates shall be drawn up to fill up the vacancies.

5. On 28th December, 1999, the Andhra Pradesh Public Service Commission (hereinafter referred to as the "APPSC") issued Advertisement NO.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 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 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, 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 of 2000, filed against the non- exclusion of 141 posts of Assistant Section Officers 113 candidates including 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 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 test and prepared common merit list by including 104 candidates who were already appointed against executive posts.

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 State within 27 months from the commencement of the said order. Paragraph 3 of the order empowers the State to organize Local Cadres, which is as follows:

(iv) the question, whether any candidate for direct recruitment to any post has resided in any local area 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 G.O.Ms. No. 168, G.A. (SPF.A) Dept. dt.10-3-77).

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 Government from time to time shall be reserved in favour of local candidates in relation to the local area in respect of such cadre. (G.O.Ms. No. 635, G. A. (SPF.A) 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 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 such cadre.(G.O.Ms. No. 498, G.A. (SPF. A) Dept, Dt. 16- 7-1977)(G.O.Ms. No. 34, G.A. (SPF. A) Dept, Dt. 24-1-1981)(G.O.Ms. No. 635, G.A. (SPF. A) Dept, Dt. 30-11-1993).

(ii) the illustrations thereunder shall be omitted.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)"

15. The applicability of the aforesaid G.O.Ms.No.124 dated 7th March, 2002 is in dispute in the present case.

21. For the reasons aforesaid, we hold that the 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 the APPSC to re-caste the merit list pursuant to G.O.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 affect the appointments already made to the executive post between 2001-2002 but erred in 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 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 2004, 21558 of 2004, 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-III, Asstt. Commercial Tax 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 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.

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.