“  Reportable”   

IN THE 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.    …Respondents

JUDGMENT

V.S. SIRPURKAR, J.

1. Leave granted.

2. 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.

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3. 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  

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notification No. 5/1998 for Group-I services or to opt for  

a  new post  now being  offered  pursuant  to  the  order  

passed today.

(ii) Such 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.

(iii) 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.

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4. 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.     

5. In terms of  the aforesaid  order and directions,  the appeals stand  

disposed of.

……………………………J.        [V.S. Sirpurkar]

……………………………J. [Dr. Mukundakam Sharma]

New Delhi; February 25, 2010

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Digital  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 Vs.

Prasada Rao & Ors. Etc.

Coram :   Hon’ble Mr. Justice V.S. Sirpurkar      Hon’ble Dr. Justice Mukundakam Sharma

Judgment delivered by :   Hon’ble Mr. Justice V.S. Sirpurkar

Nature of Judgment :  Reportable

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