S MADHUSUDANA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In these batch of writ petitions the important questions that arise for consideration are, whether the eligibility criterion for making appointment to a particular post has to be prescribed by the appointing authority, in this case, common cadre authority or a selection committee constituted for selecting the candidates; and whether the eligibility criterion has to be prescribed with reference to the date of vacancies or with reference to the date of interview when the post is sought to be filled up at a latter date due to administrative exigencies. Another substantial question that arise for consideration is that when the employees drawn from two sources have been integrated and declared as one cadre, whether it is open to the appointing authority to fill up the vacancies that remained unfilled before the merger has taken place. The facts are not very much disputed.

(2.) In the year 1985 Act 7/64 of Andhra Pradesh Co-operative Societies Act(for short "the Act") was amended by Act 21/1985 and Section 116-A of the Act as it stood prior to amendment was modified whereunder the Registrar was empowered to constitute the common cadres for the posts mentioned thereunder including Assistant General Managers of Andhra Pradesh State Co-operative Bank (for short "APCOB"). As we are not concerned with other posts they are not specifically adverted to in these writ petitions. Under Section 116-A(2) (116(2)?) of the Act the Registrar is authorised to frame regulations with regard to classification and methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the officers for whom common cadres are to be constituted. This Amending Act came into force w.e.f. 25-4-85.

(3.) In exercise of this power the Registrar seems to have framed regulationsin his Proceedings No. Rc.No. 83438/76/C-l(A), dated 12-5-1978 for categories 1,2 & 3 employees of the Co-operative Central Banks (for short "CCBs") and for corresponding posts of APCOB created by the Registrar under Sec.ll6-A of the Act. But those regulations were kept in abeyance in proceedings No. RC. 81916/78/C-l (A), dated 9-8-1978. Subsequently, the Registrar has decided to implement the common cadre regulations in the first phase for the category of first class officers (i.e.,) Dy. General Managers of CCBs and Asst. General Managers of APCOB with some modifications and also constituted an appointment committee to exercise powers of appointment, transfer and disciplinary control in respect of that category. In proceedings RC. No. 50665/81/C-1 dated 18-5-81. In Para (7) of this proceedings it is made clear, that notwithstanding anything contained in their by-laws, that the CCBS and the APCOB shall not have any power to deal with the said categories of employees except to the extent the cadre regulations permit. In Para (8) it is stated that the orders will come into force from 20-5-1981. Regulation 2 deals with definitions. 2 (iii): "Registrar" means Registrar of Co-operative Societies, A.P., Hyderabad. 2 (vii)"Regulations" means the common cadre regulations as approved by the Registrar of Co-operative Societies u/s. 116-A of the Act. 2 (ix) "Apex Bank" means Andhra Pradesh State Co-operative Bank Limited. 2 (x) "cadre employee" means (i) General Managers of CCBs and Dy. General Managers of Apex Bank classified as Class I Officers and, (ii) Dy. General Managers of Co-operative Central Banks and Assistant General Managers of A.P. State Co-operative Bank classified as Class-II Officers. Regulation 3 deals with constitution of cadre committee and under regulation 3 (6) the Registrar may issue such directions as may be considered necessary to the cadre committee which shall be binding on it. Regulation 5 deals with constitution of common cadres. Under regulations 5 (1) (b) Class II Officers means Dy. General Managers of CCBs and Assistant General Managers of APCOB. 5(2) the selection committee consisting of the Chairman of the APCOB, Registrar, Co-operative Societies or his nominees and the member Secretary of the cadre committee shall be competent to select and recommend to cadre committee for appointment to the cadre posts from out of the feeder posts given below. Under 5.2 (b) for the cadre posts of Dy. General Managers of Co-op. Central Banks and Asst. General Managers of APCOB the feeder posts shall be Asst. General Managers of CCBS and Managers of APCOB. Under Regulation 5.3. the selection committee shall make selections either by conducting written test or oral interview or both and the committee shall evolve guidelines of selection prior to holding of written or oral test. The common cadre regulations as such did not prescribe any eligibility criterion for selecting candidates from the feeder posts to fill up the Dy. General Managers in CCBs and Asst. General Managers in APCOB or as a matter of fact even to any class one officers' appointment. As the common cadre regulations are silent with regard to eligibility criterion, the selection committee started prescribing eligibility criterion. But the efforts made by the management led to Court litigation and the appointments made by the Bank in 1992 were set aside by this Court in the case of A.V.V. Satyanarayna Murthy vs. A.P. State Co-op. Bank Ltd..