Retrospective relaxation of service rules upheld under Rule 47, allowing earlier panels and appointments to be regularised.

Rule 47 of the Andhra Pradesh State and Subordinate Services Rules was construed as conferring a broad power on the Governor to relax service qualifications in a manner that is just and equitable. That power was held not to be limited to prospective appointments, because hardship or failure of justice may arise after the event and effective relief may require retrospective operation. On that basis, the impugned order was capable of regularising earlier inclusion of names in appointment panels and earlier appointments, and it was not invalid merely because it operated retrospectively.

---

---

Issues: Whether Rule 47 of the Andhra Pradesh State and Subordinate Services Rules empowered the Governor to relax the qualifications prescribed for appointment as Tahsildar with retrospective effect, so as to validate earlier panels and appointments.

Analysis: Rule 47 conferred a wide power to relax service rules in a manner that appeared just and equitable. That power was not confined to future appointments only. The rule could be invoked after a case of hardship or failure of justice had arisen, and in such situations effective relief might require retrospective operation; otherwise the purpose of the relaxation power would be defeated. The words used in the rule did not restrict its application to appointments made only after the order of relaxation. The impugned order was therefore capable of regularising earlier inclusion of names in the panels and was not invalid merely because it operated retrospectively.

Conclusion: Rule 47 permitted retrospective relaxation of the service rules, and the impugned order could not be struck down on the ground that it gave retrospective effect to the relaxation.

---