9911796707
TMI Blog1998 (3) TMI 707X X X X Extracts X X X X X X X X Extracts X X X X ..... t purports to wipe off the past services rendered by the government servant. Superintendent, College Service Commission is the appellant. The brief facts of the case are that the Service Commission in Andhra Pradesh was formed under the Provisions of Andhra Pradesh College Service Commission Act, 1985 (hereinafter referred to as 'the Act').The employees of this Commission came on deputation from the State Government in different batches and such deputationists were managing the affairs of the Commission. The Commission itself was constituted by the State Government in exercise of powers conferred upon it under Section 3 of the Act. Section 7 of the Act deals with the staff of the Commission and it stipulates that the Secretary of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... For better appreciation Section 20 of the Act is extracted hereinbelow in extenso:- POWER TO MAKE REGULATIONS Section 20 - (1) The Commission may, with the previous approval of the Government make regulations not inconsistent with the provisions of this Act or the rules made thereunder for discharging its functions under this Act, (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely :- (a) the terms and conditions of services of the employees of the Commission under sub-section (3) of Section 7. (b) The manner of selection of persons for appointment to the posts of teachers under sub-section (1) of Section 10. (c) The procedure for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Administrative Tribunal challenging the validity of Regulation 9(2) and the Tribunal by the impugned judgment has held the said provision to be ultra virus and hence these appeals. While granting leave this Court indicated that the Special Leave is granted in so far as the validity of Regulation 9(2) is concerned. In this view of the matter the only question which arises for consideration is whether the aforesaid provision of Regulation 9(2) can be said to be invalid? Mr: Ram Kumar, learned counsel appearing for the appellants, contended that the employer has a right to determine the service conditions of the employees including the principle on which the seniority of the employees can be governed and in exercise of that power the emp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in determining their ranking in the new service cadre and this has been done under Regulation 9(1) that benefit cannot be taken away for determination of the inter se seniority as per Regulation 9(2) and, therefore, the tribunal was justified in striking down Regulation 9(2), In support of his contention the learned cuunsel relied upon the decisions of this Court in Wing Commander J. Kumar v. Union of India, (1982) 2 Supreme Court Cases 116 and K Madhavan & Anr. Etc. v. Union of India & Ors. etc., [1987] 4 Supreme Court Cases, 566. Mrs. Amareswari, learned senior counsel appearing for the State of Andhra Pradesh on the other hand submitted, that Regulations 9(1) and 9(2) have to be harmoniously read, the learned counsel further contended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs under which a Court is required to scrutinise the provisions of any Act by Regulation when the same is challenged, we would now examine the Validity of Regulation 9(2), Admittedly when the Commission started functioning after being constituted by the Government in exercise of powers under the Act the employees came on deputation from the State Government to man the job in the Commission. When the Commission finally takes a decision to permanently absorb these deputationists after obtaining their option the question of their inter se seniority in the Commission crops up and Regulation 9(2) deals with the said situation. In the case of R.S. Makashi & Ors. v. I.M. Menon and Ors., [1982] 1 Supreme Court Cases 379, this Court had indicated th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... determining the inter se seniority in the new service under the Commission and the past service is not being wiped off. We find considerable force in this argument and reading down the provision of Regulation 9(2) we hold that while determining the inter se seniority of the deputationists in the new cadre under the Commission after they are finally absorbed, their past services rendered in the Government have to be taken into account. In other words the total length of service of each of the employees would be the determinative factor for reckoning their seniority in the new services under the Commission. Mr. Ram Kumar, Jearned counsel appearing for the appellant vehemently urged that length of service under the Commission should be the cr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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