M. SURENDER REDDY versus GOVT. OF ANDHRA PRADESH AND ORS.
[2015] 2 S.C.R. 617, Supreme Court of India, 2015
Outcome: Appeal(s) allowed (Granted)
Segment: Facts
A 
B 
[2015] 2 S.C.R. 617 
M. SURENDER REDDY 
v. 
GOVT. OF ANDHRA PRADESH AND ORS. 
(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 
AIR 1961 SC 1596 
1964 SCR 876 
Referred to. 
Referred to. 
B 
Para 15 
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
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[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: 
The President of India in exercise of powers conferred by D 
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
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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 of pay, 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
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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 
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 
G 
H
627 
A 
B 
c 
D 
E 
F 
G 
H 
SUPREME COURT REPORTS 
[2015) 2 S.C.R. 
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 
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. 
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 
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 
(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 
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 
separate cadre. 
(4) The posts
belonging to each specified gazetted 
category in each department in each zone shall be 
organized into a separate cadre.
M. SURENDER REDDY v. GOVT. OF A. P. 
[SUDHANSU JYOTI MUKHOPADHAYA, J.] 
(5) Notwithstanding anything contained in sub-paragraph 
(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 
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 
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 
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. 
(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 
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 
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." 
628 
A 
B 
c 
D 
E 
F 
G 
H
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SUPREME COURT REPORTS 
[2015] 2 S.C.R. 
A 
Each district is regarded as a 'Local area' as per 
B 
c 
D 
E 
F 
G 
H 
paragraph 6, which is as follows: 
"6. Local areas:- (1) Each district shall be regarded 
as a local area-
(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 
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 
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-
(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); 
(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 
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)
M. SU RENDER REDDY v. GOVT. OF A. P. 
[SUDHANSU JYOTI MUKHOPADHAYA, J.) 
(iii) For direct recruitment to posts in any cadre under 
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 
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-
93.17) 
Provided that where a single cadre has been 
organized for two or more zones under sub-paragraph 
(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. 
(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 
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 
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 
630 
A 
B 
c 
D 
E 
F 
G 
HI
631 
A 
B 
c 
D 
E 
F 
G 
H 
SUPREME COURT REPORTS 
(2015] 2 S.C.R. 
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 
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) 
( 4) Notwithstanding anything contained sub-paragraphs 
(1 ), (2) and (3), 
(1) the districts of Medak, Ranga Reddy and 
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 
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, 
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 
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, 
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 · 
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-
(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 
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 
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 
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 
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. -
B 
c 
D 
E 
F 
G 
H
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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; 
c 
D 
E 
F 
G 
H 
(A) the examination, a pass in which is the minimum 
educational qualification prescribed for the post; 
(8) the Matriculation examination or an examination 
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 
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 
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). 
(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 
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
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 
(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 
E 
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 
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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 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. 
F 
G 
H 
(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 
other than those referred to in item (a) of sub-paragraph 
(1); and 
(b) in any cc.-dre under a local authority comprising 
posts carrying a scale of pay; 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.
M. SU RENDER REDDY v. GOVT. OF A. P. 
[SUDHANSU JYOTI MUKHOPADHAYA, J.) 
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 
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) 
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.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-
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) of paragraph 3, 70% or as the 
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 
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 
636 
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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 
H 
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
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 
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 
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 
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 
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 
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 
c 
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B 
c 
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SUPREME COURT REPORTS 
[2015] 2 S.C.R. 
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 
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. 
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. 
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 
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. 
(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. 
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
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 
B 
the Annexure to this order may be followed in this 
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}' of posts 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 of posts 
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
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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: 
c 
D 
"2. In the Andhra Pradesh Public Employment 
(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:-
''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 of posts 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 
GENERAL ADMINISTRATION (SPF-A) 
DEPARTMENT 
G.0.Ms.No.8 
Dated: 08.01.2002 
D 
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 
01.11.1975. 
3. G. 0. P. No. 763, (SPF-A) Department, dated 
15.11.1975 
F 
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
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SUPREME COURT REPORTS 
[2015] 2 S.C.R. 
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. 
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 
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 
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 
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. 
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 
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

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 
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 
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 
second part of the list, then these candidates shall be 
removed and replaced by local candidates ensuring 
that the rule of reservation is followed. 
B 
c 
D 
(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: 
"GOVERNMENT OF ANDHRA PRADESH 
ORDER 
In the G 0. 6th read above, orders were issued that 
G 
H
645 
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B 
c 
D 
SUPREME COURT REPORTS 
(2015) 2 S.C.R. 
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 
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. 
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. 
AMENDMENTS 
In the said Government orders, 
E 
(1) In the Annexure - II, 
F 
G 
H 
(i) for paragraphs 3 and 4, the following shall be 
substituted, namely, 
"3: The Provisional list shall be divided into two parts. 
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 
the rule of reservation." 
(2)in the Annexure - Ill, for paragraph 3, the following 
shall be substituted, namely,
M. SU RENDER REDDY v. GOVT. OF A. P. 
[SUDHANSU JYOTI MUKHOPADHAYA, J.] 
"3: The provisional list shall be divided into two parts. 
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 
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. 
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 
646 
A 
B 
c 
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
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SUPREME COURT REPORTS 
[2015]2S.C.R. 
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 
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