V JAGANNADHA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Doubting correctness of the view expressed in two decisions rendered by two Hon'ble Judges in State of Andhra Pradesh and Anr. v. V. Sadanandam and Ors. (1989 Supp. (1) SCC 574) and Govt. of A.P. and Anr. v. B. Satyanarayana Rao (Dead) by LRs. and ors. (2000 (4) SCC 262) regarding scope and ambit of para 5(2) of the Presidential Order issued under Article 371-D of the Constitution of India, 1950 (in short the "Constitution") a reference has been made to a three Judges Bench, and that is how the matter was listed before us.

(2.) Background facts in a nutshell are as under :-

(3.) Ministerial employees of the Labour department challenged the Rules issued in G.O.Ms. 72 dated 25-2-1986 and G.O.Ms. 117 dated 28-5-1986 before the Tribunal. A Full Bench of the Tribunal allowed the petitions and declared that the impugned Rules to the extent they enable the ministerial employees of the Factories and Boilers department or any other department to be considered for appointment to the posts in Labour department are violative of paras 3 and 5 of the Presidential Order and, therefore, were void. However, liberty was given to the Government to create posts in the Factories and Boilers Departments for persons who were regularly appointed more than 3 years prior to the filing of the petitions before the Tribunal in the Executive posts in Labour Department, without affecting the rights of the employees of the Labour Department in the respective zones.