GOVERNMENT OF ANDHRA PRADESH Vs. MOHAMMAD GHOUSE MOHINUDDIN

JUDGEMENT

(1.) These appeals are directed against the order of the Andhra Pradesh Administrative Tribunal. By the impugned order, the Tribunal directs the re-determination of inter se seniority zone-wise basis in different cadres for promotion to the higher posts. The tribunal deals with three different departments of the Government of Andhra Pradesh, Commercial Tax Department, Revenue Department and Police Department.

(2.) After insertion of Article 371-D of the Constitution, by the Constitution (32nd Amendment) Act, 1973, the President of India, issued Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975 [hereinafter referred to as 'the Presidential Order"]. The aforesaid Presidential Order was intended for providing equitable opportunities and facilities for the people belonging to different parts of the State of Andhra Pradesh, in the matter of public employment and in the matter of education. The object of the aforesaid Article was to promote accelerated development of the backward areas of the State of Andhra Pradesh, so as to secure the balanced development of the State as a whole and to provide equitable opportunities to different areas of the State in the matter of education, employment and career prospects in public service. The expression "Public employment" in Article 371-D has been interpreted by this Court in the case of Government of Andhra Pradesh vs. A Suryanarayanarao, (1991) 2 Suppl. SCC 367 : to mean both direct recruitment as well as promotion. Paragraph 3 of the Presidential Order casts an obligation on the State Government to organize classes of posts in the Civil Services and the classes of Civil posts under the State, into different local cadres for different parts of the State to the extent and in the manner provided in the Presidential Order, within a period of 18 months from the commencement of the Presidential Order. Proviso to the aforesaid paragraph enables the President to require the State Government, at any time, even after the expiry of the period of 18 months, whenever the President considers it expedient so to do, to organise any classes of posts in the Civil Services of, and classes of civil posts under the State into different local cadres for different parts of the State. The aforesaid enabling provision for organization of different local cadres is obviously intended to achieve the main objective of Article 371-D namely to provide equitable opportunities to different areas of the State in the matter of education, employment and career prospects in public services as well as to promote accelerated development of the backward areas of the State of Andhra Pradesh, so as to secure the balanced development of the State as a whole. Sub-para (3) of paragraph 3 of the Presidential Order reads thus :

(3.) A batch of cases relating to the Commercial Tax Department, Revenue Department and Police Department were heard together by the Administrative Tribunal and were disposed of by the common judgment which is the subject matter of challenge in these appeals. The Tribunal in impugned order came to the conclusion that validity of the G.O.Ms. No. 581, dealing with Sales Tax Department did not fall for consideration in the earlier round of litigation in Prakash Rao's case. It further held that Division is a unit for the purpose of administration and zone is a unit for the purpose of organization of cadres for direct recruitment, appointment, seniority, promotion and transfer under the Presidential Order. It also held that organization of various local cadres under the notification issued by the State Government, does not satisfy the requirement of the Presidential Order as provided in para 3 and such separate cadres in smaller units affect the conditions of service mentioned in para 5(1). The Tribunal held that Para 3(7) of the Presidential Order, only enables the State Government to have separate cadre for administrative convenience and that the principle on which Supreme Court struck down the subsequent G.O. Ms. in Prakash Rao's case, would equally apply to G.O.Ms. No. 581. Interpreting Para 3(7), the Tribunal held that the State Government cannot organise cadre in any other part of the State for the purpose of public employment. On an analysis of the G. O.Ms. No. 497, issued in respect of the posts in the Revenue Department, the Tribunal held that the units of appointment for the above categories of posts in the Revenue Department, conform to the provision in the Presidential Order and hence no particular action is called for in respect of the posts in the Revenue Department. The Tribunal found that the Sales Tax Department, the Revenue Department and the Police Department have acted without reference to the Presidential Order. Interpreting the expression "such part of the State", it held that the State Government cannot organize cadres in any other part of the State for the purpose of public employment, mentioned in para 5(1). The tribunal ultimately held that recruitment to different posts, has to be made as per the units created under the Presidential Order and not in accordance with the reorganization made by the State Government in exercise of powers conferred under para 3 of the Presidential Order. With these conclusions, the specific G.O.Ms. in the three departments having been annulled and further directions having been issued, these appeals have been preferred.