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State Of A.P And Others v. Civil Supplies Services' Assn. And Others
Factual and Procedural Background
Civil Appeal No. 16782 of 1996 and Civil Appeals Nos. 16783-87 of 1996 arise from separate but related orders of the Andhra Pradesh Administrative Tribunal.
- C.A. No. 16782/1996: The Tribunal, in OA No. 117 of 1995, quashed G.O. Ms. No. 423 (Food & Civil Supplies (II), dated 4-10-1994) and directed the Government to give effect to an earlier G.O. Ms. No. 408 dated 28-10-1993, which had framed certain rules subsequently kept in abeyance.
- C.A.s Nos. 16783-87/1996: The Tribunal fixed the number of Deputy Tahsildar vacancies to be filled by direct recruitment, notwithstanding inconsistent vacancy data produced by various Government officers.
The Government of Andhra Pradesh appealed both sets of orders to the present court, contending that the Tribunal exceeded its authority.
Legal Issues Presented
- Whether the Tribunal could quash G.O. Ms. No. 423/1994 and compel the Government to give effect to portions of G.O. Ms. No. 408/1993 that had been kept in abeyance.
- Whether the Tribunal could determine and fix the number of Deputy Tahsildar vacancies for direct recruitment without reliable vacancy data.
Arguments of the Parties
Appellant: Government of Andhra Pradesh
- G.O. Ms. No. 408/1993, being a set of statutory rules, is legislative in character; therefore, it could be repealed or modified by the Government at any time. The Tribunal lacked authority to compel the Government to implement such rules in part or to prescribe how new rules should be framed.
- In the vacancy matter, the Tribunal acted without sufficient factual basis because vacancy figures were inconsistent and incomplete, making its determination of 545 vacancies speculative.
The opinion does not contain a detailed account of the respondents’ legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court examined the nature of the Government Orders and the Tribunal’s powers:
- G.O. Ms. No. 423/1994 merely kept earlier rules in abeyance; it did not itself create or alter “conditions of service” under Article 309. Accordingly, the consultation requirement with the Public Service Commission was irrelevant, undermining the Tribunal’s reasoning.
- Rules framed under G.O. Ms. No. 408/1993 are legislative in nature. The Tribunal therefore could not direct the Government either to frame rules “in any particular manner” or to enforce portions of rules that the Government had consciously suspended.
- In the vacancy appeals, the Tribunal lacked reliable evidence of actual vacancies. Without accurate data, its conclusion that 545 vacancies existed as of 1-9-1992 was unsustainable. Proper determination required complete information from the Government, which had not been provided.
Holding and Implications
APPEALS ALLOWED; ORDERS OF THE TRIBUNAL SET ASIDE.
For C.A. No. 16782/1996, the Tribunal’s directive to implement G.O. Ms. No. 408/1993 and its quashing of G.O. Ms. No. 423/1994 were nullified. For C.A.s Nos. 16783-87/1996, the matter of Deputy Tahsildar vacancies was remitted to the Tribunal with instructions that the Government supply complete vacancy particulars within six weeks, and the Tribunal decide the issue within six months. All interim appointments are to continue on a status-quo basis pending the Tribunal’s fresh decision. No costs were awarded, and a related impleadment application was rejected.
The decision primarily affects the parties by restoring the Government’s discretion over rule-making and requiring a fact-based vacancy determination. The court set no new precedent of general application.
Order
Civil Appeal No. 16782 of 1996
1. This appeal is directed against the order made by the Andhra Pradesh Administrative Tribunal in OA No. 117 of 1995. In substance, the claim made before the Tribunal is for quashing GOMs No. 423, Food and Civil Supplies (II) dated 4-10-1994 on the ground that it is arbitrary, illegal void and unsustainable.
2. By that notification certain rules framed by the Government in terms of GOMs No. 408, Food and Civil Supplies (II) dated 28-10-1993 were kept in abeyance. The Tribunal took the view that the Public Service Commission had been consulted while issuing earlier notification but not the latter one. It was, however, noticed that the said notification dated 4-10-1994 does not deal with condition of service as contemplated by Article 309 as certain rules were kept in abeyance. The Tribunal was persuaded to direct the Government, while quashing the said GOMs No. 423 dated 4-10-1994 to give effect to GOMs No. 408 dated 28-10-1993 to the extent it is consistent with the Presidential Order. The complaint made in the appeal is that the rule framed by the Government is the subject-matter of GOMs No. 408 dated 28-10-1993 and is legislative in character and such a rule can at any time be repealed or modified and when the matter was under consideration by the Government, the Tribunal could not have issued the direction in the manner in which it had been done in the present case. We find force in the submission made on behalf of the appellant. The Tribunal could neither have given directions to the Government to frame rules in any particular manner nor direct the Government to give effect to the rules in part which were kept in abeyance. Therefore, we allow this appeal, set aside the order made by the Tribunal. There shall be no order as to costs.
CAs Nos. 16783-87 of 1996
3. These appeals are filed by the Government of Andhra Pradesh against the order made by the Tribunal fixing the number of the vacancies of Deputy Tahsildars to be filled up by direct recruitment.
4. Before the Tribunal serious contentions were raised by both sides as to the number of vacancies available insofar as Deputy Tahsildars are concerned. The Tribunal itself has noticed at different stages the different figures furnished by the various officers of the Government. Certain figures are set out as under:
(a) As on 1-7-1988 403 Naturally including earlier figure as no direct recruitment was held and deducting the figure of vacancies already notified viz., 179. (b) As on 1-7-1992 264 (c) As on 1-7-1992 309 Certain figures are given on the last page of the report of the sub-committee which are said to be based on tables. They are as follows: As on 1-7-1988 227 (includes 179 posts already notified to APPSC for the year 1990-91) As on 1-7-1990 251 (includes 179 posts already notified for 1990-91) As on 1-7-1992 257 (includes 179 posts already notified for the year 1990-91)
5. Then again, the Tribunal could not be sure as to the number of vacancies available and issued directions to the Government and to the Commissioner to furnish certain records which would indicate the number of vacancies. These figures were also not available before the Tribunal. In the absence of appropriate information as to the number of vacancies available, it is difficult to perceive as to how the Tribunal could have proceeded to analyse and come to the conclusion that there are 545 vacancies available to be filled in by direct recruitment insofar as Deputy Tahsildars were concerned as on 1-9-1992. In the circumstances, we allow these appeals and set aside the order made by the Tribunal and direct it to re-examine the matter. The Government shall furnish the appropriate particulars to the Tribunal within a period of six weeks from today and the Tribunal shall decide as to the number of vacancies available and give appropriate directions in that behalf. In the meantime, status quo shall be maintained on any appointment that has been made pursuant to the orders of the Tribunal however, subject to the final orders to be made by the Tribunal. It will be appropriate for the Tribunal to dispose of these applications as expeditiously as possible but not later than six months.
6. Impleadment application is rejected in view of the order passed above.
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