Case Note & Summary
The case involves appeals by temporary Assistant Executive Engineers (AEEs) appointed between 1990-1992 in the Panchayat Raj Department of Andhra Pradesh (now Telangana). They were initially appointed as Work Inspectors and later promoted temporarily as AEEs under various Government Orders (G.O.Ms) for time-bound projects. Their services were regularized by G.O.M. No. 234 dated 27.06.2005, but they were placed below the last regularly selected AEEs (appointed in 1997), causing loss of 10-15 years of seniority. Aggrieved, they made representations, leading to G.O.M. No. 262 dated 17.06.2006, which modified the earlier order and granted seniority from the date of initial appointment. The private respondents, who were regularly selected AEEs in 1997, challenged G.O.M. No. 262 before the High Court, which quashed it, holding that the regularization violated the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pay Structure) Act, 1994, which came into effect retrospectively from 25.11.1993. The Supreme Court allowed the appeals, holding that the Act of 1994 did not apply to appointments made before its commencement. The appointments of the appellants were made between 1990-1992, prior to the Act, and thus the regularization and seniority granted by G.O.M. No. 262 were valid. The High Court's order was set aside, and the appeals were allowed.
Headnote
A) Service Law - Regularization of Temporary Appointments - Seniority - The Government issued G.O.M. No. 262 dated 17.06.2006 regularizing services of AEEs appointed between 1990-1992 and granting seniority from initial appointment date - The High Court quashed the G.O.M. holding it violative of the Act of 1994 - The Supreme Court held that the Act of 1994 did not apply retrospectively to appointments made before its commencement (25.11.1993) - The regularization and seniority granted to pre-Act appointees was valid and the High Court erred in interfering - Held that the Government had the power to modify its earlier regularization order and grant seniority from the date of initial appointment (Paras 1-20).
Issue of Consideration
Whether the High Court was justified in quashing G.O.M. No. 262 dated 17th June, 2006, which regularized the services of temporary AEEs appointed between 1990-1992 and granted them seniority from the date of initial appointment, and whether such regularization was valid despite the enactment of the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pay Structure) Act, 1994.
Final Decision
The Supreme Court allowed the appeals, set aside the High Court's judgment and order dated 21st September, 2023, and restored G.O.M. No. 262 dated 17th June, 2006. The Court held that the Act of 1994 did not apply retrospectively to appointments made before its commencement, and the regularization and seniority granted to the appellants were valid.
Law Points
- Regularization of temporary appointments
- seniority from initial appointment
- retrospective operation of recruitment Act
- distinction between pre-Act and post-Act appointees
- power of government to modify regularization orders
