N. SUBBA RAO ETC. versus UNION OF INDIA & OTHERS

Citation: [1973] 1 S.C.R. 945 · Decided: 23-08-1972 · Supreme Court of India · Bench: S.M. SIKRI · Disposal: Case Partly allowed

Cited by 2 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

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N. SUBBA RAO ETC. 
v 
UNION OF INDIA & OTIIERS 
August 23, 19n 
[S. M. SIKRI, C.J., A. N. RAY, I. D. DUA, D. D. PALEKAll 
AND M. H. BEG, JJ.] 
Tiu Stat~s J~eorganisation Act, 1955, s. I 15-Powers of Ct'ntral Gov-
l'rn1nent 
under-Effect of.. proviso 
to- s. 
115 (7)-Qll'!.\fion 
whether 
State Government l•IJS changed conditions of S'-TYice within rhe n1eani111? 
of the proviso is a question to be decided by 
Central Governrnenl·-
Natural justice-Central Govt. order pated 
22/24' Dec. 1965 
wliethcr 
invalid becau:te of deni.'1 of natural fusrice. 
The State of Andhra Pradesh which came into existence U.'lder the 
States Reorganisation Act 1956 was formed out of the former State of 
Andhra and the Telcogana area of the former State of Hyderabad, The 
appellants were en&inceI1! in the employment of Andhra State. 
On the 
formation of the State of Andbra Prad"sh the appeHa11ts under the pro-
visions of the Act continued to •erve the State of Andhra Pradesh. The 
respondents who were Telengana Officers in the 
employment of the 
State of Hyderabad continued to. •erve the State of Andhra Prade•h. 
Prior to the reorganisation a Conference of Chief Secretaries was held 
in the months of April and M:1y 1956, and certain principles were laid 
Jo.,.•n for the equation of posb in the two services namely, the servitc~ 
of Andhra State and Hyderabad State which were -to be allocated to the 
State of Andhra Pradc:;h. ~nJ~ far;tors to be taken into consideratio;, for 
the fixation of inter :.·e seniority of officers 
holding 
equivalent 
posts 
\Vere laid down. 
In -determining the length of continuous sen-ice per!od! 
f1>; \Vhich an appoiui.n-It-;nt was held in. a pureiy stop-gap or fortuitOUt;. 
, a1'·nngcmcnt were to be excluded. Ia. November 1961 the State Govern-
1111.;:tt of } .. odhra Pradesh, prep:::1\e<l a provi,:onal common gradatio::i list of 
gazett·ed officers in the Public Works Department. The Telengana cngi-
nr~rs challenged- the lists in the High Court and this Court. The rcst:lt 
of the litigation was that the Central 
Goven1ment was asked to . ta};.e 
immediate steps to finalise the list of integration in the manner prescribed 
in s. 115 of the States Reorganisation Act 1956 on the materials placed 
before it by the State Government. The Central' Government after con-
.sic.lcrh·,g representations made by the -officer, of the Telengana area and 
the Andhra State gave on December 24, I 96.:> its final decision concer.,ing 
the equation of pasts· and i.,,:er 1e seniority of officers holding equivalent 
µost•. 
In its decision the Central Government Inter alia pointed out h .. t 
the action taken by the Government of Andhra Prndesh in regularising 
with retrospective effect and in relaxation of lhe normal rules, the tem· 
porary appointments made in the erstwhile Andhra SL,,te to the posts of 
.A<;sistant Engineers a-d Executive E.,ginecr!: by pron1otion from the 
. next lower categary . of officers, had tile effect of altering the service con-
ditions of Andhra employees to the dcteriment of the interest of the 
c1nployees from the Telenga11a unit and was therefore invalid. The Andhra 
Pfndcsh Government 01·ad~ a· stro.,g represerftation to the Central Gov-
ernment cJefcndin'l such regularisation. The Central Government by order 
doted 22/24 Dc:cmbcr. 1966, in partial modificaf.ion of the order dated 
December 24, 1965. accepted the· retrospectiVc 
regulari~ation of serv;ce 
in respect of certain classes of offtccrs. In the consequent writ petition 
n!c<l l>y the Telengana and Andbra Officers ·the Hi~b Court inter alia 
held: (i) that the decision of the Government of.India dated 22/24 1966 
ll-L172 Sup C!i7J 
946 
SUPREMI! COURT REPORTS 
[1973] 1 S.C.R. 
was liable to be quashed on the ground that it violated the principles of 
natural justice and (ii) that the temporary promotion of Executive Engineers 
and Assistant Engineers in the Andhra State prior to November I, 1956 
were stop.gap and fortuitous arrangements, The High Court did not give 
any decision on the merits of the question of retrospecti\" regularisation 
of tlce servic-zs of the Andhra Engineers on the equation of posts. 
In 
nppeals to this Court by ·certificate, 
HELD : The High Court ·correctly h£ld that the order of the Central 
Government dated 22/24 December 1966 was made without giving the 
Telengana area Officers any opportunity of making representation against 
the course of action which the Central Government adopt

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