Sen, J. - (1.) Having heard the arguments at a considerable length ranging over several days, we are distressed to find that the controversy relating to inter se seniority of Assistant Engineers of the Public Works Department of the State of Andhra Pradesh coming from Andhra and Telengana regions is still a live issue after a lapse of nearly 25 years.
(2.) Under the States Re-organisation Act, 1956 the question relating to equation of posts and integration of services of employees of the erstwhile States of Andhra and Hyderabad had to be decided finally by the Central Government under Sub-section (5) of Section 115, In N. Subba Rao etc. v. Union of India and Ors., (1973) 1 SCR 945 this Court upheld the order of Andhra Pradesh High Court in K. Anant Reddy v. State of Andhra Pradesh ILR 1970 A.P. 335 holding that the order of the Central Government dated December 22/24,1966 was made without giving any opportunity to the officers of the Hyderabad State of making any representation against the course of action and, therefore, the order was liable to be quashed. The Court, however, set aside the observations of the High Court as to whether the services of the Andhra Stale Officers were stopgap or fortuitous arrangements as on November 1, 1956. In dealing with the question, the court observed : It is not necessary to express any opinion in these appeals as to whether the services of Andhra State officers were stop-gap or fortuitous arrangements. Under the States Reorganisation Act power is conferred on the Central Government to bring about the integration of services in the State of Andhra Pradesh by ensuring fair and equitable treatment to all persons effected by the provisions of Section 115 of the Act. and the Court made the following observations in the penultimate para : The Central Government under the Act is required to effect the integration of services of officers in the Telengana area and officers of the Andhra State. The Central Government will have to decide whether the regularisation of promotions of Andhra Engineers and relaxation of rules and retrospective regularisation was permissible. The Central Government will determine finally the principles governing the equation of posts and the preparation of common gradation lists.
(3.) The Court accordingly made the following direction : In the result, the order of the High Court quashing the decision of the Central Government dated 22/24 December, 1966 is upheld. The observations of the High Court on the temporary service of the Andhra Officers to be stop-gap or fortuitous arrangements are set aside. The Central Government will determine the principles governing the equation of posts. The Central Government will now proceed with the integration of services of Telengana area officers and Andhra State officers and determine the principles governing the equation of posts and prepare gradation lists after giving opportunities to the persons affected to make their representations.;