Superintendent, College Service Commission is the appellant.
Since the Commission was being manned by the employees on deputation from the State Government, the Commission asked for exercise of option by those employees who were desirous to be absorbed permanently in the Commission.
Section 7 of the Act is extracted hereinbelow in extenso STAFF OF THE COMMISSION 7.
The private respondents are those employees who are on deputation with the Commission from the State Government arid 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.
The Salary of the Secretary and other employees of the Commission, shall be such as may be prescribed.
1 The staff of the Commission shall companysist of Secretary, who shall be appointed by the Government, arid Such other employees as the companymission may, with the previous approval of the Government, appoint from time to time.
1998 2 SCR 35 The Judgment of the Court was delivered by PATTANAIK, J. These appeals are directed against the order of Andhra Pradesh Administrative Tribunal, Hyderabad dated 14.9.1994 in OA Nos.
6742 of 1993 and 2465 of 1993.
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 .The employees of this Commission came on deputation from the State Government in different batches and such deputationists were managing the affairs of the Commission.
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.
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.
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.
