LexP. GANESHWAR RAO & ORS. versus STATE OF ANDHRA PRADESH & ORS.
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P. GANESHWAR RAO & ORS.
v.
STATE OF ANDHRA PRADESH & ORS.
SEPTEMBER 5, 1988
[E.S. VENKATARAMIAH AND N.D. OJHA, JJ.]
Andhra Pradesh Panchayat Raj Engineering Service (Special)
Rules, 1963-Recruitment to . post of Assistant Engineers-State
Government Notification dated April 28, 198{}-Amendment of the
rule-Whether prospective-Held not applicable to vacancies which
had arisen before the said date.
A
B
c
The Public Service Commission invited applications for direct
recruitment against 51 vacancies of Assistant Engineers in the Andhra
Pradesh Panchayat Raj E!'gineering Service. The number of vacancies
was arrived at under the provisions of.the Andhra Pradesh Panchayat
Raj Engineering Service (Special) Rules 1963, on the basis of the total D
number of substantive as well as temporary vacancies which had arisen
in the years 1978 and 1979. Explanation (c) in the Special Rules relating
to the method of recruitment of Assistant Engineers, prior to its atitend-
ment on 28.4.1980, provided that "out of every 8 vacancies among
Assistant Engineers, the 2nd, 5th and 8th vacancies shall be filled in by
direct recruitment .... ". The amended Explanation (c) provided that E
"37-1/2 of the substantive vacancies arising in the category of Assistant
Engineers shall be filled by direct recruitment .... "
Some of the officers who were working as In-charge Assistant
Engineers or Junior Engineers in the Panchayat Raj Department
Engineering Service made representations to the State Government F
raisilig objection ttl the number of vacancies notified for direct recruit~
ment, contending that the 51 vacancies notified could not be filled up
any longer by direct recruitment as, according to them, after the
amendment of the Rules on 28.4.1980, 37-1/2 per cent of only substan-
tive vacancies could be filled up by direct recruitment, while the vacan-
cies 'notified had taken into consideration temporary vacancies also. G
When their representation failed to elicit any positive reply from the
State Government, they instituted a petition before the Andhra Pradesh
Administrative Tribunal.
Before the Tribunal the State Government pleaded that the
amendment made on 28'.4.1980 to the- Special Rufos was only prospec-
H
805
I
806
SUPREME COURT REPORTS
I 1988] Supp. 2 S.C.R.
A live in effect and had no effect on the vacancies whicli had arisen prior
to that date. The Tribunal rejected .the contention of the State
Government.
B
c
D
E
F
G
H
Setting aside the judgment of the Tribunal and remanding the case
to it again, this Court,
HELD: (1) It is clear from the Special Rules as they were in force
prior to the amendment on 28.4.1980 that it was open to the State
Government to till 37-1/2 per cent of the vacancies (both substantive
and temporary) in the cadre of Assistant Engineers by direct recruit-
ment. [SUF]
(2) The crucial words in the Explanation which was introduced
by way of amendment in the Special Rules on 28.4.1980 were "37-1/2
per cent of the substantive vacancies arising in the category of Assistant
Engineers shall be tilled by direct recmitment." The introduction of the
word 'arising' in the above clause made it applicable only to those
vacancies which came into existence subsequent to the date of
amendment, [811H; 812A-B]
'(3) This Court does not !ind any indication in the amendment
that was made on 28.4.1980 that it would be applicable to the vacancies
which had arisen prior to the date of the amendment even by necessary
implication. [812E-F]
(4) The amendment made on 28.4.1980 therefore does not apply
to the vacancies which had arisen prior to the date of the amend-
ment. [813F]
Eramma v. Verrupanna & Ors., [1966] 2 SCR 626 and Y. V.
Rangaiah and Others v. J. Sreenivasa Rao & Ors., [1983] 3 SCC 264,
referred to.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2069
of 1982.
From the Judgment and Order dated 23.4.1982 of the Andhra
Pradesh Administration Tribunal in Representation Petition No. 508
of 1982.
Mrs .. C. Markandeya for the Appellants.
P.G. RAO v. STATE OF A.P. [VENKATARAMIAH, J.]
807
B. Kanta Rao and G.N. Rao for the Respondents.
The Judgment of the Court was delivered by
VENKATARAMIAH, J. This appeal by special leave is filed
against the Judgment dated· 23.4.1982 of the Andhra Pradesh
Administrative Tribunal in Representation Petition No. 508 of 1982 issuing a
direction to the State Government to refrain from making any direct
recruitment againExcerpt shown. Read the full judgment & AI analysis in Lexace.