Public Service Commission Vs. Prasada Rao & Ors.  INSC 146 (25 February
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2043-2046
OF 2010 [Arising out of SLP(C) Nos. 284-287 of 2008] A.P. Public Service
Commission ...Appellant Versus Prasada Rao & Ors. ...Respondents With CIVIL
APPEAL NO. 2047 OF 2010 [Arising out of SLP(C) No. 504 of 2009] K.V. Murali
Krishna ...Appellant Versus A.P. Public Service Commission & Ors.
Having heard all the learned counsel appearing for the parties, we
are of the considered opinion that these appeals could be disposed of by a
common judgment and order as the facts of these appeals are similar.
We find force in the arguments of some of the counsel appearing
for the parties that the directions issued by the Tribunal which are also
affirmed by the High Court would create complications and therefore in
modification of the orders passed by the Tribunal and affirmed by the High
Court, we pass the following orders:- (i) We direct that the select list which
was prepared by the Andhra Pradesh Public Service Commission pursuant to the
judgment and order of this Court dated 14.09.2006 in Civil Appeal No. 4129 of
2006 and which is contained in the official records of the Public Service
Commission is restored and that appointment shall be given effect to by the
competent authority in terms of the seniority position ascribed in the said
select list as contained in the official records of the Public Service
Commission but subject to the condition that all those candidates who are shown
to have been selected for the post mentioned in the select list as prepared by
the Andhra Pradesh Public Service Commission and amongst them, who have
pursuant to the same joined their posts be given an option either to retain
their existing position and post to which they were selected pursuant to the 3
notification No. 5/1998 for Group-I services or to opt for a new post now being
offered pursuant to the order passed today.
a candidate shall be ordered to exercise his option within a time frame as
stipulated by the Public Service Commission. The Commission would thereafter
act in accordance with the rules and in accordance with the law in terms of the
aforesaid option so exercised and give effect to the same. It is also made
clear that no option is required to be called for or obtained from the
candidates who are being given offer of appointment for the first time pursuant
to the selection and in accordance with the merit position in the select list
which has already been prepared.
That after giving effect to the selection in terms of clauses (i) and (ii)
above, the vacancies, if any, would then be filled up by the candidates from
the select list/merit list in accordance with their merit and rules of
reservation as per the options given earlier or by giving similar option to the
candidates selected and working in some other post.
The selected candidates who are being appointed for the first time
would only be entitled to give fresh option and the candidates who had already
exercised their option would not be entitled to give any fresh option.
In terms of the aforesaid order and directions, the appeals stand
.................................J. [V.S. Sirpurkar]
.................................J. [Dr. Mukundakam Sharma]
February 25, 2010
Performa Case No. : Civil Appeal Nos....... of 2010 (Arising out of SLP (Civil)
Nos. 284-287 of 2008) With Civil Appeal No....... of 2010 (Arising out of SLP
(Civil) No. 504 of 2009) Date of Decision : 25.2.2010 Cause Title : A.P. Public
Service Commission Prasada Rao & Ors. Etc.