TaxTMI 
TaxTMI 
2015 (2) TMI 1402
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....ibunal (hereinafter referred to as the "Tribunal") and held as follows: 26. In view of our foregoing discussions, we record the following conclusions: (a) The finding of the Tribunal that the selection process has to be in accordance with the G.O. Ms. No. 124, dated 8.8.2002 cannot be said to be erroneous or contrary to law. (b) But, however, the direction that the entire select list has to be reviewed clubbing the appointments under 1st round selection is not sustainable and accordingly the procedure as contemplated under G.O. Ms. No. 124 has to be followed only in respect of the candidates excluding the appointments already made in 2001 and 2002 namely Asstt. Municipal Commissioners Grade-III, Asstt. Commercial Tax Officers, Asstt. Labour Officers and Asstt. Section Officers in non-executive cadre in view of the peculiar and circumstances of this case. (c) The inter se seniority between the 1st round appointees and later inducted persons under second round selection in the same cadre if any shall be decided by the appropriate authority in accordance with rules, depending on the merit ranking obtained by them. (d) The Reservation to PHC....
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....erk, but does not exceed Rs. 480/- per mensum on any amount corresponding to it as may be specified in this regard in the successive revisions of pay scales granted by the State Government from time to time shall be reserved in favour of local candidates in relation to the local area in respect of such cadre." 3. In exercise of the powers under sub-para(1) Paragraph 3 of the 'Presidential Order, 1975' the Andhra Pradesh State Government issued G.O.P. No. 729 dated 1st November, 1975, whereby 70% of non-gazetted category posts other than Lower Division Clerk or equivalent posts were reserved in favour of local candidates. By G.O.P. No. 763 dated 15th November, 1975 the State Government prescribed certain procedures to be followed in conducting recruitment to the posts. Annexure III to the said G.O.P. deals with the procedure to be followed for selection of candidates for recruitment to the categories of posts for which multiple cadre recruitment is made. As per paragraph 5 of the annexure a combined merit list a local and non-local candidates shall be drawn up to fill up the vacancies. 4. Later, the Andhra Pradesh State Government issued G.O. Ms. No. 124 dated 7th Marc....
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....Appellants and other A.S. Os from consideration to the executive posts. As the above said direction of the High Court created an anomaly restricting the meritorious candidates, already appointed Asstt. Sections Officers who were appointed to the to lower non-executive posts and less meritorious candidates were to get higher posts in executive cadres, the Appellants have challenged the same. 7. Learned Counsel for the Appellants submitted that G.O. Ms. No. 124 dated 7th March, 2002 cannot be applied retrospectively to the selection already in process or selection already made, particularly when the State Government's order is a part of substantive law and not procedural law. It is further contended that G.O. Ms. 124 dated 7th March, 2002 is null and void having issued after lapse of period of limitation prescribed in sub-para(1) of Paragraph 3 of the Presidential Order, 1975. Further, according to the counsel for the Appellants, G.O. Ms. 124 dated 7th March, 2002 is ultra vires of Presidential Order, 1975 and G.O.P. No. 729 dated 1st November, 1975 and G.O.P. No. 763 dated 15th November, 1975 issued in pursuance of Paragraph 3(1) of the Presidential Order, 1975. 8. We h....
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....equal to or lower than the minimum of the scale of pay of a lower division clerk. (3) The posts belonging to each non gazetted category, other than those referred to in sub-paragraph (2), in each department in each zone shall be organized into a separate cadre. (4) The posts belonging to each specified gazetted category in each department in each zone shall be organized into a separate cadre. (5) Notwithstanding anything contained in sub-paragraph (3) and (4), the State Government may where it considers it expedient so to do and with the approval of the Central Government, organized the posts belonging to any of the categories referred to therein, in any department, or any establishment thereof, in two or more contiguous zones into a single cadre. (6) Notwithstanding anything contained in sub Paragraphs (2), (3), (4) and (5), the Central Government; may notify the departments in which and the categories of posts for which a separate cadre has to be organized for the City of Hyderabad and on such notification, the posts belonging to each such category in each such department in the said City (other than those concerned with the administration of a....
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....ct recruitment to posts in any cadre under any local authority within that zone, carrying a scale of pay, the minimum of which exceeds the minimum of the scale of pay of a lower division clerk but does not exceed Rs. 480/- per mensum or a fixed pay which exceeds the minimum of the scale of pay of a lower division clerk but does not exceed Rs. 480/- per mensum or any amount corresponding to it as may be specified in this regard in the successive revisions or pay scales granted by the State Government from time of time. (G.O. Ms. 635, G.A. (SPF.A) Dept. dated 30-11-1993) Provided that where a single cadre has been organized for two or more zones under sub-paragraph (5) of paragraph 3 of posts belonging to any of the categories referred to in Clause (i) or Clause (ii) each of such zones shall be regarded as separate local area in respect of such cadre. (3) Notwithstanding anything contained in sub-paragraphs (1) and (2),- (i) the City of Hyderabad shall be regarded as a local area for direct recruitment to posts in any local cadre under the State Government comprising all or any of the posts in the said City in the departments and belonging to the categories....
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....ibed for recruitment to the posts- (i) If he has studied in an educational institution or educational institutions in such local area for a period of not less than four consecutive academic years ending with the academic year in which he appeared or, as the case may be, first appeared for the relevant qualifying examination; or (ii) where during the whole or any part of the four consecutive academic years ending with the academic year in which he appeared or as the case may be, first appeared for the relevant qualifying examination he has not studied in any educational institution, if he has resided in that local area for a period of not less than four years immediately preceding the date of commencement of the qualifying examination in which he appeared or as the case may be, first appeared. (b) In cases where no minimum educational qualification has been prescribed for recruitment to the post, if he has resided in that local area for a period of not less than four years immediately preceding the date on which the post is notified for recruitment. Explanations: For the purpose of this paragraph.- (i) 'educational institution' me....
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.... or (2) where the periods of his residence in two or more local areas are equal, such local area where he has resided last in such equal periods; (b) in cases where no minimum educational qualification has been prescribed for recruitment to the post, if he has resided in the State for period of not less than seven years immediately preceding the date on which the post is notified for recruitment, be regarded as a local candidate in relation to (i) such local area where he has resided for the maximum period out of the said period of seven years; or (ii) where the periods of his residence is two or more local areas are equal such local area where he has resided last in such equal periods.(G.O. Ms. No. 168, dated 10-3-1977)" Paragraph 8 mandates reservation in the matter of direct recruitment relevant of which is quoted below: 8. Reservation in the matter of Direct Recruitment:-(1) 80% of the posts to be filled by direct recruitment any time- (a) in any local cadre under the State Government comprising posts belonging to the category of lower division clerk or a Category equivalent to or lower than that lower division clerk; and (b) in a....
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....ed by direct recruitment at any time shall be reserved in favour of and allocated amongst the local candidates in relation to the local area specified in column (1) the Table below in the respective ratios specified in the corresponding entry is column (2) thereof. Paragraph 9 deals with carry forward of reserved posts, if no candidate is available, which is as follows: (9) Carry forward of reserved posts: If a qualified local candidate in respect of a local area is not available to fill a post reserved or allocated in favour of a local candidate in respect of that local area, such post shall be carried forward for recruitment of a local candidate in respect of that local area for period not exceeding three years; Provided that pending recruitment of a local candidate, such post may be filled in temporarily by borrowing the service of a person holding a post of the same category in any other local cadre or under any other local authority as the case may be (Vide G.O. Ms. No. 34, dt. 24-1-1981). Paragraph 11 stipulates that the order to have overriding effect over Statute, Ordinance, Rule, Regulation or other order made before or after the commencement of the....
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....t may take different forms especially in the implementation of the proposed Presidential Order on the organization of local cadres. It may take the form of: (a) Recruitment to fill up the vacancies in a single category for different local cadres or different parts of the State (local areas) in one department, e.g. recruitment of Clerks in the Judicial Department for Courts in the districts undertaken by the Andhra Pradesh Public Service Commission. (b) Recruitment to fill up the vacancies in identical or different categories in different local cadres in different departments in one part of the State (local area) e.g., recruitment of Group-IV services undertaken by the Collectors now. (c) Recruitment to fill up the vacancies in different categories in different local cadres in different departments of different parts of the State (local areas) e.g. recruitment of Group-II Services undertaken by the Andhra Pradesh Public Service Commission. 5. The State Government have considered the manner in which the scheme of reservation in favour of local candidates provided in the Andhra Pradesh Public Employment (Organization of Local Cadres and Regulation o....
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....e District of Hyderabad. (2) In paragraph 8, in Sub-paragraph(1) after item (b), the following item shall be deemed to have been added with effect from the 1st June 2001, namely;- C (i) in any local cadre under the State Government comprising posts belonging to the categories of Teachers in the Andhra Pradesh School Education Subordinate Service and other similar or equivalent categories of posts of teachers under any Department of the State Government; and (ii) in any cadre under a local authority or under any such other management, as may be notified by the State Government from time to time carrying a scale of pay equal to that of posts in the Andhra Pradesh School Education Subordinate Service shall be reserved in favour of local candidates in relation to the local area in respect of such cadre. (3) In paragraph 8, in Sub-paragraph (2) in item (a) for the words and figure "in item (a) of Sub-paragraph (1)", the words and figure "in item (a) or in item (c) of sub-paragraph (1)", shall be substituted." 13. The Government of Andhra Pradesh by G.O. Ms. No. 8 dated 8th January, 2002 referring to paragraph 8 of the Presidential Order, 1975 made ....
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....stituted namely, Para 3: The provisional list shall be divided into two parts. The first part will comprise first 20% of the list. The second part will comprise the balance 80%. In case the provisional list does not contain any non-local candidate in the second part the list shall be approved. Para 4: If, however, on the scrutiny referred to in para 3 it is found that there are non-local candidates in the second part of the list, then these candidates shall be removed and replaced by local candidates ensuring that the rule of reservation is followed. (ii) the illustrations thereunder shall be omitted. (BY ORDER AND IN THE NAME of THE GOVERNOR of ANDHRA PRADESH) 14. It was followed by G.O. Ms. No. 124 dated 7th March, 2002, whereby the Government of Andhra Pradesh amended the procedure prescribed in Annexure II and III of G.O. Ms. No. 763 dated 15th November, 1975 which reads as follows: GOVERNMENT OF ANDHRA PRADESH ORDER In the G.O. 6th read above, orders were issued that while filling up of the posts under Direct Recruitment, the first 20% of posts should be filled following combined merit list of locals and non-loc....
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....this Court while dealing with the question of effect of retrospective legislation on vested rights observed: It is not disputed by him that the legislature is competent to take away vested rights by means of retrospective legislation. Similarly, the legislature is undoubtedly competent to make laws which override and materially affect the terms of contracts between the parties; but the argument is that unless a clear and unambiguous intention is indicated by the legislature by adopting suitable express words in that behalf, no provision of a statute should be given retrospective operation if by such operation vested rights are likely to be affected. These principles are unexceptionable and as a matter of law, no objection can be taken to them. 18. In absence of any express or necessarily implied provision in the statute, normally statute affects the rights prospectively. A statutory provision is held to be retrospective either when it is so declared by express terms, or the intention to make retrospective clearly follows from the relevant words and the context in which they occur. 19. The Presidential Order, 1975 was issued in exercise of powers under Clauses (1) ....