A.K. NAZEER SAHEB AND ORS versus A.P. PUBLIC SERVICE COMMISSION AND ORS.

Citation: [1998] 1 S.C.R. 980 · Decided: 19-02-1998 · Supreme Court of India · Bench: SUJATA V. MANOHAR · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
A.K. NAZEER SAHEB AND ORS. 
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A.P. PUBLIC SERVICE COMMISSION AND ORS. 
FEBRUARY 19, 1998 
B 
[MRS. SUJATA V. MANOHAR AND D.P. WADHWA, JJ.] 
, 
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Service Law : 
Assistant Directors of Seri culture-Appointment by direct recruitment-
c On challenge the Tribunal quashed the appointments holding that as there 
was no permanent post available, the appointments were illegal-On appeal, 
held three po.its of Assistant Directors of Seri culture clearly available to be 
filled by direct recruitment--171us no illegality in the appointment of three 
Assistant Directors of Seri culture-'Substantive Vacancies' are synonymous 
D 
with permanent posts under the Ru/e;~-Andhra Pradesh Industries Sen1ice 
Rules-Andhra Pradesh State and Subordinate Service Rules : Rules 2 and 
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6. 
Appellants were directly recruited to the posts of A~sistant Directors 
of Scriculture. Their appointments were challenged by respondents 4 to 7, 
E 
Inspectors of Sericulture, inter alia on the ground that under the Andhra 
Pradesh Industries Service Rules if direct recruitment was to be made for 
th1·ee po~ts, there should be 15 permanent vacancies and there were not so 
many vacancies. The Tribunal quashed the appointments of appellants holding 
that as there were no permanent posts of Assistant Director of Sericulture 
ap11ointment of a11pellants were illegal; 'substantive vacancies' were not 
F synonymous with permanent 1iosts. Appellants filed a review petition, which 
was also dismissed. Hence the present a11peals. 
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Allowing the appeals, this Court 
HELD : 1. Requirements of filling up of three posts of Assistant 
Director, Sericulture by direct recruitment are (1) existence of more than 
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G 5 permanent 11osts in the cadre; and (2) possession of prescribed qualifications 
by the incumbent. There is no dispute that the appellants did possess the 
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prescribed qualifications. Tribunal has noted that the State Government 
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stated that there were 30 posts of Assistant Directors, Sericulture but it was 
not stated as how many of these were pei:_mancnt posts though 17 posts had 
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been continuing for the last more than 10 years. That being so under 
980 
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A.K. NAZEER SAHEB v. A.P. PUBLIC SERVICE COMM. [D.P. \VADHWA, J.J 
981 
Explanation (amended w.e.f. 8.3.1983) to Rule 6 of the Andhra Pradesh State 
and Subordinate Service Rules, these 17 JI0~1s would certainly be 11ermanent 
posts in the permanent cadre of Assistant Director, Sericulture and any 
vacancy in these 11osts would be a substantive vacancy to be filled by a direct 
recruit under Rule 6. Three vacancies for direct recruitment were thus 
clearly available. While notifying the three vacancies for direct recruitment 
the ratio fixed in sub-rule JI(f) of Rule 2 of the Andhra Pradesh Industries 
Service Rules was followed keeping in view the availability of such number 
of pr.rmanent 11osts. As a matter of fact, it is the ~1and of the State Government 
that there were 4 posts of Assistant Director of Sericulture as against 3 
which were available for direct recruitment and the Andhra Pradesh Public 
Service Commission was informed accordingly. Thus three 11osts of Assistant 
Directors of Sericulture were clearly available to be filled by direct 
recruitment to which the ap11ellants have been rightly ap11ointed. 
[985-G-H; 986-A-D] 
2. The Tribunal erred in holding that 'substantive vacancies' could not 
be regarded synonymous with permanent posts under the Rules. Construction 
of Andhra Pradesh Industries Service Rules and the Andhra Pradesh State 
and Subordinate Service Rules has to be done harmoniously and as a matter 
of fact there is no conflict between the two set of Rules. The three ap11ellants, 
being the directly recruited Assistant Directors, Sericulture, have filled the 
substantive vacancies in the permanent cadre of the Assistant Directors, 
Sericulture. (987-C-D] 
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 87-88 of 
l9'Xl. 
From the Judgment and Order dated 27.3.89 of the Andhra Pradesh 
Administrative Tribunal, Hyderabad in R. P. No. 6203 of 1988 and R.P. No. 
6798 of 1988. 
H.N. Salve, L.N. Rao, G.R. Krishna, (S.U.K., Sagar) and Vimal Dave for 
the Appellants. 
T. Anil Kumar and T. V.S.N. Chari for the Respondents. 
The Judgment of the Court was delivered by 
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D.P. WADHWA, J. TI1e appellants, numbering three, were directly 
recruited as Assistant Directors of Sericulture under the Andhra Pradesh 
Industries
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