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TMI Blog1976 (9) TMI 185X X X X Extracts X X X X X X X X Extracts X X X X ..... tion which were applicable to them before that date, but subsequent promotions after the first stage of promotion would be governed by the relevant rules in force in the newly formed State. By virtue of this order the aforesaid 63 employees were promoted to the post of Deputy Tahsildar which was the first stage promotion for them. Later, this order dated April 7, 1960 was made a statutory rule, namely, Rule 42(h)(i) of the Andhra Pradesh State and Subordinate Services Rules which came into force on March 7. 1962. The Andhra Pradesh Civil Services (Executive Branch) Special Rules Revenue Department, hereinafter referred to as the Special Rules, were made on July 17, 1962 but made effective retrospectively from November 1, 1956. These Rules cover two categories of service; we are concerned here with category 2-Tahsildars. Rule 4(a) of the rules says inter alia that the qualifications of a candidate for appointment to the post of Tahsildar shall be as specified in the annexure to the rules. The annexure provides that a Tahsildar recruited by transfer from the category of Deputy Tahsildars must be a permanent Deputy Tahsildar or an approved probationer in the category of Deputy Tahsi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of facts and states the reasons for relaxation of Rule 4 (a) of the Special Rules in the case of these employees. The material part of the order is as follows : The Government have had under consideration for sometime past the preparation of panels of Tahsildars of the Telengana Region. According to Rules 4(a) read with the Annexure thereto of the Andhra Pradesh Civil Service (Executive Branch) Special Rules, a candidate for appointment to the category of Tahsildars by transfer should, in addition to the other qualifications, be a permanent Deputy Tahsildar or an approved probationer in the category of Deputy Tahsildars of the Andhra Pradesh Revenue Subordinate Service by the 1st July of the year to which the list relates and should have exercised III class and II class Magisterial powers respectively for a period of six months each, According to the orders in force, only those candidates who have passed the criminal judicial tests can be invested with Magisterial powers. Allotted officers from Telengana for whom promotion to the category of Deputy Tahsildars constitutes the first stage of promotion after 1-11-1956 (viz. Upper Division Clerks), are governed by the Hyderab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... han that provided by that rule. 5. The respondents before us filed a writ petition for quashing the order dated June 30, 1971 insofar as it relates to the said 63 employees who were impleaded as respondents Nos. 4 to 66 in the writ petition. The writ petitioners complained that as a result of the order their claims for appointment to the post of Tahsildar had been passed over in favour of unqualified persons, and the petitioners asked for a direction on the Government of Andhra Pradesh, the Board of Revenue, and the Andhra Pradesh Public Service Commission, who are the appellants before us, to include the names of the petitioners in the panel for the years 1968 and 1969, as the case may be, and fix their seniority at the appropriate places which they would have occupied had they been promoted at the relevant time. The learned Judge who heard the writ petition allowed the same and directed that the claims of the petitioners for inclusion of their names in the panels from the respective dates they had acquired the requisite qualifications, should be considered on merits. It was held that Rule 47 iff. the Andhra Pradesh State and Subordinate Services Rule did not confer any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nistrative Service (Pay) Rules. 1954, Rule 15 of the Indian Police Service (Probation) Rules, 1954, Rule 10 of the Indian Police Service (Pay) Rules, 1954, and Rule 10(b), proviso, of the Indian Forest Service (Appointment by Competitive Examination) Regulations, 1967. Clearly, the power under Rule 47 is to be exercised in the interest of justice and equity. It is not difficult to see that the occasions for acting under Rule 47 may well arise after the attention of the Government is drawn to a case where there has been a failure of justice. In such cases justice can be done only by exercising the power under Rule 47 with retrospective effect, otherwise the object and purpose of the rule will be largely frustrated. The view we take finds support from the decision of this Court in R.P. Kiianna and Ors. v. S.A.F. Abbas and Ors. (1972)ILLJ490SC . In that case the Court was dealing with Rule 3(3)(b) of the Indian Administrative Service (Regulation of Seniority) Rules, 1954 which lays down that the year of allotment of an officer who was appointed to the Service by promotion shall be the year of allotment of the junior-most among the officers who entered the service by direct recruitment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equential necessity arises for giving him that senior post by requisite declaration of a senior post. A retrospective declaration therefore is in the scheme of things practical as well as reasonable. 9. Counsel for the respondents drew our attention to the words for being appointed in Rule 47 to contend that the rule was meant to be applied only prospectively. According to counsel the rule when it says that nothing in the general rules shall limit or abridge the power of the Governor to relax the rigour of these rules in the case of any class or category of persons for being appointed to any civil post , it contemplates an appointment in future. We do not think that this contention has any force. The words for being appointed in the context in which they appear do not necessarily refer to a future appointment. The validity of an appointment to any civil post may be questioned after the appointment has been made and there is nothing to Rule 47 to indicate that the Governor in exercise of power under this rule cannot deal with such a case, if this was required in the interest of justice and equity. 10. It appears that after the Judgment, of the Division Be ..... 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