TMI Blog2015 (2) TMI 1402X X X X Extracts X X X X X X X X Extracts X X X X ..... ntention of the legislature is apparent. A statutory provision is held to be retrospective either when it is so declared by express terms, or the intention to make retrospective clearly follows from the relevant words and the context in which they occur. 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 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. 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, with retrospective effect, once the procedure of selection starts. 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 pursua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2002 cannot be said to be erroneous or contrary to law. (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.O. Ms. No. 124 has to be followed only in respect of the candidates excluding the appointments already made in 2001 and 2002 namely Asstt. Municipal Commissioners Grade-III, Asstt. Commercial Tax Officers, Asstt. Labour Officers and Asstt. Section Officers in non-executive cadre 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 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. (d) The Reservation to PHC category wherever it is not 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 completed expeditiously without further hurdles. Subject to the above conclusions, the W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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 November, 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. 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 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 Service Commission (hereinafter referred to as the APPSC ) iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sts in executive cadres, the Appellants have challenged the same. 7. Learned Counsel for the Appellants submitted that G.O. 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 is a part of substantive law and not procedural law. It is further contended that G.O. Ms. 124 dated 7th March, 2002 is null and 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 for the Appellants, G.O. Ms. 124 dated 7th March, 2002 is ultra vires of Presidential Order, 1975 and G.O.P. No. 729 dated 1st November, 1975 and G.O.P. 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 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 posts f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt in each zone shall be organized into a separate cadre. (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 that 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay be specified in this regard in the successive revisions or pay scales granted by the State Government from time of time. (G.O. Ms. 635, G.A. (SPF.A) Dept. dated 30-11-1993) 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 comprising 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 a local authority within the said City comprising posts carrying a sca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cademic 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.- (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 means; (A) the examination, a pass in which is the minimum educational qualification prescribed for the post; (B) the Matriculation examination or an examination declared by the State Government to be equivalent to the Matriculation examination; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he maximum period out of the said period of seven years; 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) Paragraph 8 mandates reservation in the matter of direct recruitment relevant of which is quoted below: 8. Reservation in the matter of Direct 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 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 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. (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 su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al 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 three years; Provided that pending recruitment of a local candidate, such post may be filled in temporarily by borrowing the service of a person holding a post of the 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 that the order to have overriding 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. 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 categories and Zone-wise list in the case of higher categories. 11. Referring to the Presidential Order, 1975, Government of Andhra Pradesh issued G. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 of different parts of the State (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 Regulation of Direct Recruitment) Order, 1975 should 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 regard. 6. The procedure set out in Annexure-I to this order is to be followed for selection of candidates for recruitment of the categories of posts of which single cadre recruitment is made. The procedure set out in Annexure-II will apply to selection of candidates of recruitment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ime 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 candidates in relation to the local area in respect of such cadre. (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. 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-I to G.O.P. No. 763 dated 15th November, 1975. The said GOMs. Reads as follows: GOVERNMENT of ANDHRA PRADESH GENERAL ADMINISTRATION (SPF-A) DEPARTMENT G.O. Ms. No. 8 Dated: 08.01.2002 Read the following 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.O.P. No. 763, (SPF-A) Department, dated 15.11.1975 4. U.O. Note No. 237/SPF-A/85-2, GA(SPF-A) Department, dated 20.05.1985 5. G.O. Ms. No. 2, G.A.(SPF-A) Department, dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14. It was followed by G.O. Ms. No. 124 dated 7th March, 2002, whereby the Government of Andhra Pradesh amended the procedure prescribed in Annexure II and III of G.O. Ms. No. 763 dated 15th November, 1975 which reads as follows: GOVERNMENT OF ANDHRA PRADESH ORDER In the G.O. 6th read above, orders were issued 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 (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 A.P. State and Subordinate Service Rules shall be followed strictly. It was also ordered therein that the amendments to the Annexures II and III 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 III to the G.O. Ms. No. 763, G.A.(SPF-A) Department, dated 15th November, 1975. AMENDMENTS In the said Government orders, (1) In the Annexure-II, (i) for paragraphs 3 and 4, the following shall be substituted, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m. 18. 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 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 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 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 so to organize any class of posts in civil 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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