Pattanaik, J. - (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:- "STAFF OF THE COMMISSION 7. (1) The staff of the Commission shall consist of: (a) Secretary, who shall be appointed by the Government, and (b) Such other employees as the Commission may, with the previous approval of the Government, appoint from time to time. (2) The Salary of the Secretary and other employees of the Commission, shall be such as may be prescribed. (3) The other terms and conditions 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."
(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:- "POWER TO MAKE REGULATIONS. Section 20 - (1) The Commission may, with the previous approval of the Government make regulations not inconsistent with the provisions of this Act or the rules made thereunder for discharging its functions under this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:- (a) the terms and conditions of services of the employees of the Commission under sub-section (3) of Section 7. (b) The manner of selection of persons for appointment to the posts of teachers under sub-section (1) of Section 10; (c) The procedure for the conduct of business of the Commission under sub-section (2) of Sections 10 and 13; or (d) The income and expenditure, budget, accounts and audit and annual report of the Commission." Regulation 9, as originally approved by the Government, stood amended and the amended Regulation 9 (1) reads thus:- "The person drawn from other departments will carry their service and they will be treated as on other duty for a tenure period to be specified by the Commission or until they are permanently absorbed in the Commission whichever is earlier." "Regulation 9(2)- The services of those staff members working in the Commission on deputation basis and opted for their absorption in the Commission, shall be appointed regularly as the staff in the Commission, cadre to which they belong as per the orders of Government approving their appointments batch by batch and to determine the seniority accordingly. For this purpose the Commission may review the promotions already affected." It may be stated here that the original Regula-tion 9 was re-numbered as Regulation 9(1) and Regulation 9(2) was inserted by amendment. 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. The private respondents are those employees who are on deputation with the Commission from the State Government and 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 vires and hence these appeals. While granting leave this Court indicated that the Special Leave is granted in so far as the validity of Regulation 9 (2) is concerned. In this view of the matter the only question which arises for consideration is whether the aforesaid provision of Regulation 9 (2) can be said to be invalid;