The brief facts of the case are that the Service Commission in Andhra Pradesh was formed under the Provisions of Andhra Pradesh College Service Commission Act, 1985 hereinafter referred to as the Act .
Since the Commission was being manned by the employees on deputation from the State Government,.
1 The staff of the Commission shall companysist of Secretary, who shall be appointed by the Government, and Such other employees as the Commission may, with the previous approval of the government, appoint from time to time.
The Salary of the Secretary and other employees of the Commission, shall be such as may be prescribed.
the companymission asked for exercise of option by those employees who were desirous to the absorbed permanently in the companymission.
The deputation from the State Government in different batches and such deputationists were managing the affairs of the Commission.
6742 of 1993 and 2465 of 1993.
the private respondents are those employee who are on deputation with the companymission from the State Government and they approached the Administrative Tribunal challenging the validity of Regulation 9 2 and the Tribunal by the impugned judgment has held the said provision to be ultra virus and hence these appeals.
Section 7 of the Act is extracted hereinbelow in extenso STAFF OF THE COMMISSION 7.
By the impugned order the Tribunal has quashed Regulation 9 2 of the Andhra Pradesh College Service Commission terms and companyditions of service of employees of the Commission Regulation, 1986 hereinafter referred to as the Regulation inter alia on the ground that it companytravenes Regulation 9 1 and it purports to wipe off the past services rendered by the government servant Superintendent, College Service Commission is the appellant.
The other terms and companyditions of Service of the Secretary shall be such as may be prescribed and those of the other employees of the Commission shall be such as may be provided for by Regulations.
for this purpose the Commission may review the promotions already affected.
It may be stated here that the original Regulation 9 was re numbered as Regulation 9 1 and Regulation 9 2 was inserted by amendment.
PATTANAIK, J. These appeals are directed against the order of Andhra Pradesh Administrative Tribunal Hyderabad dated 14.9.1994 in OA Nos.
