K ANJAIAH Vs. K CHANDRAIAH

JUDGEMENT

(1.) 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. By the impugned order the Tribunal has quashed Regulation 9 (2) of the Andhra Pradesh College Service Commission (Terms and Conditions of Service of Employees of the Commission) Regulation, 1986 (hereinafter, referred to as the 'Regulation') inter alia on the ground that it contravenes Regulation 9(1) and it purports to wipe off the past services rendered by the Government servant. Superintendent, College Service Commission is the appellant.

(2.) 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. The Commission itself was constituted by the State Government in exercise of powers conferred upon it under Section 3 of the Act. Section 7 of the Act deals with the staff of the Commission and it stipulates that the Secretary of the Commission shall be appointed by the Government and other employees as the Commission may with the previous approval of the Government appoint from time to time. Section 7 (3) of the Act provides that the terms and conditions of service of such employees of the Commission shall be such as may be provided for by Regulation. Section 7 of the Act is extracted hereinbelow in extenso:-

(3.) Section 20 of the Act confers power upon the Commission to make Regulation with the previous approval of the Government and such Regulation may provide the terms and conditions of the Services of the employees of the Commission. In exercise of the power conferred upon the Commission under Section 20 read with Section 7 (3) of the Act a set of Regulations were framed by the Commission and the Government examined the same and conveyed its approval as required in sub-section (1) of Section 20 by Government letter dated 29-11-1986. For better appreciation Section 20 of the Act is extracted hereinbelow in extenso:-