CASE NO.: Appeal (civil) 157 of 1969 PETITIONER: D. RAJIAH RAJ & ORS. RESPONDENT: UNION OF INDIA & ORS. DATE OF JUDGMENT: 26/09/1972 BENCH: S.M. SIKRI CJ & A.N. RAY & I.D. DUA & D.G. PALEKAR & M.H. BAG JUDGMENT:
JUDGMENT
1974 AIR 457 = 1973 (1) SCC 61
With
Civil Appeal Nos. 158 and 343 of 1969
The Judgment was delivered by RAY, J. :
RAY, J. for the This three appeals are by certificate from the common
judgment, dated February 23, 1968, of the Andhra Pradesh High Court.
2. Civil Appeal No. 157 of 1969, arises out of writ petition No. 799 of
1967, Civil Appeal No. 158 of 1969, arises out of writ petition. No. 833 of
1967 and Civil Appeal No. 343 of 1969, arises out of writ petition No. 896
of 1967, filed by the Hyderabad officers in the High Court.
3. The Hyderabad officers are those who were in the Telangana area of the
former Hyderabad State. On the formation of the State of Andhra Pradesh on
November 1, 1956, the Hyderabad officers continued to serve the State of
Andhra Pradesh.
4. In Civil Appeal No. 157 of 1969, the Hyderabad officers asked for an
order directing the respondent to treat the post of Sub-Engineer of the
former State of Hyderabad as equivalent to the post of Assistant Engineer
of Andhra and to integrate the services of Sub-Engineers of Telangana
region and Assistant Engineers of Andhra region according to the agreed
principles at the Chief Secretaries’ Conference held in the months of April
and May, 1956, prior to the reorganisation of the State. The Hyderabad
officers also asked for an order that the action taken by the Government of
Andhra Pradesh in regularising with retrospective effect and in relaxation
of the normal rules the temporary appointments made in the former Andhra
State to the post of Assistant Engineers and by promotion from the next
lower category of officers had the effect of altering the service condition
of the Andhra officers to the detriment of the Hyderabad officers. The
Hyderabad officers consequently prayed for an order directing the
respondent to adhere to the Government of India decisions, dated December
24, 1965, and June 14, 1966, concerning the retrospective regularisation of
Andhra officers. The Hyderabad officers also asked for reversal of the
Government of India decision, dated December 22 and 24, 1966.
5. In Civil appeal No. 158 of 1969, the Hyderabad officers asked for an
order directing the respondent to treat the post of Executive Engineer of
the former Hyderabad State as equivalent to the post of Executive Engineer
(Special Grade) of Andhra region and to treat the post of Division Engineer
as equivalent to the post of Executive Engineer (Ordinary Grade) of Andhra
region and integrate the service by adhering to the agreed principles at
the Chief Secretaries’ Conference. The Hyderabad officers asked for similar
orders as in Civil Appeal No. 157 of 1969, with regard to the Government of
India orders, dated December 24, 1965, June 14, 1966 and December 22 and
24, 1966.
6. In Civil Appeal No. 343 of 1969, the Hyderabad officers asked for orders
directing the respondent to treat the post of Assistant Engineer of
Telangana region as a class by itself superior to the post of Andhra
Engineers and the post of Sub-Engineers, Sub-Divisional officers of
Hyderabad State as equivalent to the post of Assistant Engineers of Andhra
and to integrate the service of the personnel by adhering to the agreed
principles at the Chief Secretaries’ Conference. The Hyderabad officers in
this appeal also asked for reliefs similar to the other appeals with regard
to the Government of India decisions, dated December 24, 1965, June 14,
1966 and December 22 and 24, 1966.
7. This Court had to deal with Civil Appeals Nos. 2436-2439 of 1969,
arising out of the common judgment of the Andhra Pradesh High Court forming
subject-matter of these three appeals. The subject-matter of all these
three appeals relates to the equation of posts and integration of service
of officers of the Public Works Department in the State of Andhra Pradesh
consequent upon the reorganisation of the States in the year 1956. This
Court on August 23, 1972, decided Civil Appeals Nos. 2436-2439 of 1969 and
upheld the order of the High Court quashing the decision of the Central
Government, dated December 22 and 24, 1966. This Court in the said judgment
said that the Central Government will proceed with the integration of
services of Telangana area officers and Andhra State officers and determine
the principles governing the equation of posts and prepare gradation lists
after giving opportunities to the persons effected to make their
representations.
8. It may be stated here that the decision of the Government of India,
dated December 22 and 24, 1966, which has been quashed in Civil Appeals
Nos. 2436-2439 of 1969, was to the effect that the services of some of the
officers in the Andhra State were regularised with retrospective effect.
This Court has in the judgment in the Civil Appeals Nos. 2436-2439 of 1969,
dated August 23, 1972, said that the Central Government will have to decide
whether the regularisation of promotions of Andhra Engineers as well as
relaxation of rules and retrospective regularisation is permissible. The
Hyderabad officers contended in the High Court that the temporary services
of Andhra officers were stop-gap or fortuitous arrangements. The High Court
accepted the contention of the Hyderabad officers. This Court has set aside
the observation of the High Court that the temporary services of the Andhra
officers were stop-gap or fortuitous arrangement.
9. The Central Government under Section 115 of the States Reorganisation
Act is to determine the principles governing equation of posts and prepare
common gradation lists by integration of services. The Central Government
has to ensure fair and equitable treatment to all persons in the matter of
integration of services and preparation of gradation lists. The Central
Government is to give opportunities to the parties affected to make their
representations.
10. In these appeals counsel on behalf of the Hyderabad officers contended
that though this Court quashed the decision of the Government of India,
dated December 22 and 24, 1966, the previous decisions of the Government of
India, dated December 24, 1965 and June 14, 1966, were left intact. It was
said to behalf of the Hyderabad officers that the Government of India under
Section 115(5) of the States Reorganisation Act had no power to review its
decision. This Court did not accept that contention in Civil Appeals Nos.
2436-2439 of 1969. The Government has power to review its own decision
under the Act. The Government will now proceed to cause the integration of
services of officers in the Telangana area and officers of the Andhra State
in the light of the observations made in the judgment in Civil Appeals Nos.
2436-2439 of 1969. The previous decisions of the Government of India, dated
December 24, 1965 and June 14, 1966, do not hold good. The Central
Government will proceed afresh in accordance with law in the matter of
integration of services, equation of posts and preparation of common
gradation lists.
11. The Hyderabad officers contended that equation of posts as determined
by the State Government and accepted by the Central Government on December
24, 1965, is legal. The Hyderabad officers contended that the post of
Executive Engineer of Hyderabad should have been equated with the post of
Executive Engineer (Special Grade) of Andhra State and the post of
Divisional Engineer of Hyderabad State should have been equated with the
post of Executive Engineer (Ordinary Grade) of Andhra. Again, it was
contended that Class I Executive Engineers from Hyderabad should have been
placed enbloc above Sub-Engineers, Sub-Divisional Officers of Hyderabad and
Assistant Engineers of Andhra by equating the post of Sub-Engineer and Sub-
Divisional Officer of Hyderabad to the post of Assistant Engineer of
Andhra. This Court cannot go into these questions as the equation of posts
is within the province of Central Government under the States
Reorganisation Act.
12. The contention of the appellants in these three appeals that the
Central Government was not competent to review its earlier decisions, dated
December 24, 1965 and June 14, 1966, fails. The other contention of the
appeals that it is not open to the Central Government to consider as to
whether the services of Andhra officers could be regularised and whether
there could be retrospective regularisation also fails. This Court had
already pointed out in the judgment in Civil Appeals Nos. 2436-2439 of
1969, dated August 23, 1972, that the Central Government will find out
whether the relaxation of rules as well as the retrospective regularisation
is permissible and further whether the same constituted any change of
conditions of service. The contention of the appellants that the services
of Andhra officers were temporary, stop-gap and fortuitous services will
have to be determined by the Central Government by hearing both the Andhra
officers as well as the Hyderabad officers. The Central Government will
have to determine the rival contentions of the Andhra officers and the
Telangana officers and arrive at its decision.13. For these reasons, the
contentions of the appellants fail. The Central Government will now proceed
in these matters in the light of the observations made in this judgment as
well as in the earlier judgment, dated August 23, 1972, in Civil Appeals
Nos. 2436-2439 of 1969. The appeals are dismissed. Parties will pay and
bear their own costs both in the High Court as well as in this Court.