Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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12. We need not dilate much on this subject with regard to the retrospective operation of the
procedural laws. Right from Colonial Sugar Refining Company Ltd. Vs. Irving upto Shiva Shakti
Cooperative Housing Society, Nagpur vs. Swaraj Developers, it is well settled that the statue relating
to substantive right is presumed to be prospective, unless it is expressly or by necessary implication
made to have retrospective effect. However, while statute concerning with the matters on procedure
or evidence which is declaratory in nature is construed to be retrospective unless there is a clear
indication that such is not the intention of the Legislature. The Supreme Court was categoric in laying
down the principle that no person has a vested right in course of procedure. He has only the right of
proceeding in the matter prescribed. If by a statute change, the mode of procedure is altered, the
parties are to proceed according to the altered mode, without exception, unless there is a different
stipulation. The Full bench of this Court in Motichand Jain v. M.Jaikumar after considering the copious
case law on the subject observed as follows:
Andhra Pradesh PSC
“From the above, it is obvious that when a repeal of an enactment is followed by a
fresh legislation, such legislation does not affect the substantive rights of the parties unless
such legislation is retrospective. However, the position of law would be different when it
relates to procedural law which is presumed to be retrospective unless it is otherwise
provided for in the Act.”
13. In the instant case, the recruitment is required to be confined to the procedure laid down in
G.O.P.No.763 GAD dated 15.11.1975. The said G.O. was issued by the Government to meet the
requirement under the A.P. Public Employment Organisation of Local Cadre and Regulation of Direct
Recruitment Order, 1975 (hereinafter called the “Presidential Order”) issued in G.O.Ms.No.674 dated
20.10.1975. The said G.O. contemplates recruitment of candidates under two type namely single unit
i.e. single cadre recruitment and multi unit i.e. multi cadre recruitment. In these batches of cases, we
are only concerned with the multiple cadre recruitment. The procedure for recruitment to multi cadre
posts to be in tune with the Presidential Order. Para 4 is relevant which is extracted below:
“4.Multiple cadre recruitment may take different forms especially in the implementation
of the proposed Presidential Order on the organisation of local cadres. It may take the
form of –
(a) Recruitment to fill up the vacancies in a single category for different local cadres or
different parts of the State (local areas) in one department e.g. recruitment of Clerks in
the Judicial Department for Courts in the Districts undertaken by the Andhra Pradesh
Public Service Commission.
(b)Recruitment to fill up the vacancies in identical or different categories in different
local cadres in different departments in one part of the State (a local area) e.g. recruitment
to Group-IV services undertaken by the Collectors now.