ORDER : 1. Challenge is to the judgment dated 31.05.2024 passed by the learned Single Judge, whereby the learned Single Judge has rejected the submissions raised by the appellant and concluded that a candidate in-service would not be able to claim appointment against the TSP post as he does not possess the TSP area certificate. 2. Learned counsel for the appellant submits that the appellant working as Helper Grade-I (TSP Area) in the respondent-Ajmer Vidyut Vitaran Nigam Ltd. (for short, "AVVNL") at the time of issuance of advertisement, he applied for the post of Junior Engineer-I in AVVNL in pursuance of advertisement dated 22.02.2021 as an in-service candidate. However, despite being permanently absorbed in the TSP area in the Nigam, he was not considered for appointment to the Post of Junior Engineer Grade-I in the earlier advertisement issued for the TSP areas. Learned counsel submits that once the appellant accepts appointment to be an employee of the Nigam in the TSP area, he is entitled to consideration of the reservation provided for in-service candidates of the Nigam for the post as advertised in the TSP areas. 3. Learned counsel submits that he was appointed as a 'Probationer Trainee Helper Grade-II’ in the Ajmer Vidyut Vitran Nigam Ltd. on 07.11.2019 and had completed his probation period on 13.01.2022. The AVVNL had issued a circular dated 16.01.2020 for the purpose of absorption of employees in the TSP areas or outside the TSP areas and with a condition that those who would seek the option to stay in the Schedule Area cannot opt for transfer for posting outside the scheduled areas. Keeping in view the said condition and accepting the same, the appellant had opted for the TSP area and thereby, he became a substantive employee of AVVNL in the TSP area. He, therefore, cannot be distinguished from other candidates of the TSP areas, and while he was an in-service candidate, he would also be entitled to get the benefit of reservation as an in-service candidate of the Nigam. 4. He, therefore, cannot be distinguished from other candidates of the TSP areas, and while he was an in-service candidate, he would also be entitled to get the benefit of reservation as an in-service candidate of the Nigam. 4. Learned counsel further submits that as per the AVVNL Scheduled Areas Engineers, Ministerial and Class-IV Service (Recruitment and other Service Conditions) Regulation, 2017 (Regulations of 2017), the member of the services is defined under Regulation 2 (j) to means a person appointed to a post in the Service on the basis of regular selection under the provisions of these Regulations, or Regulations or Orders superseded by the regulations. The substantive appointment is defined under Regulation 2(q) to be read as under:- "2(q) " Substantive Appointment " means an appointment made under the provisions of these Regulations to a substantive vacancy after due selection by any of the methods of recruitment prescribed under these Regulations or Regulations or orders repealed by these Regulations and includes an appointment on probation or as a probationer followed by confirmation on completion of the probation period; Note : Due selection by any of the methods of recruitment prescribed under these Regulations will include recruitment either on initial constitution of the Service or in accordance with the provisions of any Regulations or orders, now superseded, except urgent temporary appointment." 5. Further, he invited our attention to Regulation 5 of the said Regulations, which provides constitutional service as under: "5. Constitution of the service -The Service shall consist of; (a) All persons holding substantively the post(s) in the Scheduled Area on the date of commencement of these Regulations; (b) All persons recruited to the posts included in the Service and remained in position in the Scheduled Area before commencement of these Regulations and opted for the service as provided in sub regulation (3) of Regulation 6, and (c) All persons recruited to the service by any of the methods of recruitment laid down in Regulation 6 of these Regulations." 6. In his submission that as per Regulation 6(3), the appellant was recruited as a member of service and it would be opposite to Regulation 6(3) as under: "6(3). In his submission that as per Regulation 6(3), the appellant was recruited as a member of service and it would be opposite to Regulation 6(3) as under: "6(3). Method of recruitment :- Existing persons in position in the Scheduled Area shall have one time option for their absorption in the existing position within one month from the date of receipt of the communication to this effect from the Appointing Authority concerned. The person so absorbed shall not have the right to be transferred and/or deputed outside this closed cadre. Provided that the options so received shall be considered by the Committee for the screening as may be considered by it, as to whether any such person shall be absorbed or not. The Person who has not been absorbed shall continue on deputation without deputation benefit until regular recruitment against that post is made." 7. Learned counsel has further submitted that there is a provision for reservation of vacancy for Nigam employees provided under Regulation 11 up to 7% of the total direct recruitment quota, which reads as under: "11. Reservation of vacancies for Nigam's employees: 7% vacancies of direct recruitment quota shall be reserved for Nigam's employees possessing the requisite qualification prescribed in the Schedule-I. The candidate must have completed not less than five (5) years' of service on the 1st day of January next following the last date fixed for receipt of applications. It shall be horizontal reservation. In case, sufficient number of in-service candidates of Nigam are not available, such unfilled vacancies shall be filled in accordance with normal procedure and such vacancies shall not be carried forward." 8. It is further submitted that while a set of Regulations have been framed by the AVVNL for the purpose of the Scheduled Area Engineers, Ministeral and Class-IV service, separate Regulations known as AVVNL Engineer Service Regulations, 2016 governed the services of AVVNL with respect to the posts of the cadre outside the scheduled area and a person as per the condition cannot claim appointment as an employee of the Nigam for the post if they are advertised for other than the scheduled area. 9. He therefore submits that if the interpretation taken by the learned Single Judge is accepted, the appellant would never get a chance of consideration for appointment to a higher post. 9. He therefore submits that if the interpretation taken by the learned Single Judge is accepted, the appellant would never get a chance of consideration for appointment to a higher post. We have considered the submissions and have carefully gone through the judgment passed by the learned Single Judge. Admittedly, the appellant does not possess the TSP Certificate in terms of Schedule 5 of the Constitution, as he does not belong to a scheduled area. He, therefore, cannot be said to be a person who can claim appointment against the posts that are advertised for the scheduled area alone. The law in this regard is well settled in a similar case relating to persons appointed from the scheduled caste of other States to posts advertised in another State, where the same caste is available. The Supreme Court had declined to grant the benefit to such candidates for consideration for appointment. 10. The Hon’ble Supreme Court in the case of Bir Singh Vs. Delhi Jal Board and Ors. (2018) 10 SCC 312 decided on 30 August, 2018, wherein para no. 38 has been held as under:- “38. It is an unquestionable principle of interpretation that interrelated statutory as well as constitutional provisions have to be harmoniously construed and understood so as to avoid making any provision nugatory and redundant. If the list of Scheduled Castes/Scheduled Tribes in the Presidential Orders under Articles 341/342 is subject to alteration only by laws made by Parliament, operation of the lists of Scheduled Castes and Scheduled Tribes beyond the classes or categories enumerated under the Presidential Order for a particular State/Union Territory by exercise of the enabling power vested by Article 16(4) would have the obvious effect of circumventing the specific constitutional provisions in Articles 341/342. In this regard, it must also be noted that the power under Article 16(4) is not only capable of being exercised by a legislative provision/enactment but also by an Executive Order issued under Article 166 of the Constitution. It will, therefore, be in consonance with the constitutional scheme to understand the enabling provision under Article 16(4) to be available to provide reservation only to the classes or categories of Scheduled Castes/Scheduled Tribes enumerated in the Presidential Orders for a particular State/Union Territory within the geographical area of that State and not beyond. It will, therefore, be in consonance with the constitutional scheme to understand the enabling provision under Article 16(4) to be available to provide reservation only to the classes or categories of Scheduled Castes/Scheduled Tribes enumerated in the Presidential Orders for a particular State/Union Territory within the geographical area of that State and not beyond. If in the opinion of a State it is necessary to extend the benefit of reservation to a class/category of Scheduled Castes/Scheduled Tribes beyond those specified in the Lists for that particular State, constitutional discipline would require the State to make its views in the matter prevail with the central authority so as to enable an appropriate parliamentary exercise to be made by an amendment of the Lists of Scheduled Castes/Scheduled Tribes for that particular State. Unilateral action by States on the touchstone of Article 16(4) of the Constitution could be a possible trigger point of constitutional anarchy and therefore must be held to be impermissible under the Constitution.” 11. That apart, we notice that merely because the appellant has been absorbed in the cadre of AVVNL for the posts meant in the TSP area, he himself does not become a member of TSP. He continues to remain a person who does not belong to a TSP area and, therefore, as and when any recruitment is made for the posts which are meant for the non-TSP area, he can always claim appointment. At the same time, it is also made clear that since he is born in-service of AVVNL whether although he may be working in the TSP area the fact of his being an in-service candidate would not be denied to him. A look at the advertisement would reflect that the reservation provided is to the in-service candidates of the Nigam and not to the in-service candidates of the TSP area. The word ‘in-service candidates of Nigam’ would take into consideration the appellant for non-TSP areas. Thus, the contention of the appellant that he would not be entitled to consideration for appointment against non-TSP area posts is wholly misconceived. 12. A look at the Regulations also reflects that Regulation 6(3) only allows absorption for those who are existing persons holding a position in the scheduled area. It is for that purpose that the circular was issued by the department to seek an option for absorption. 12. A look at the Regulations also reflects that Regulation 6(3) only allows absorption for those who are existing persons holding a position in the scheduled area. It is for that purpose that the circular was issued by the department to seek an option for absorption. Otherwise, they would have to remain on deputation as the language is clear on that aspect. 13. We therefore do not find any reason to interfere with the order passed by the learned Single Judge. 14. The appeal is accordingly dismissed. 15. Any other pending application(s), if any, stand(s) disposed of.