STATE OF ANDHRA PRADESH Vs. V SADANANDAM

JUDGEMENT

(1.) These appeals by the State of Andhra Pradesh are directed against the judgments of the Andhra Pradesh Administrative Tribunal, Hyderabad, in R. P. Nos. 1595 and 788 of 1984. Originally, the Government of Andhra Pradesh in purported exercise of its powers under clause 5 of Article 371-D of the Constitution passed an order G.O. Ms. No. 215 dt. 14-7-1986 to annul the two judgments of the Tribunal. On 20-12- 1986. this Court negatived the powers of annulment assumed by the State Government by striking down Cl. 5 of Art. 371-D and the proviso thereto as being opposed to the basic structure of the Constitution. Thereafter, the State has preferred these appeals by special leave against the judgments of the Administrative Tribunal.

(2.) What falls for consideration in these appeals is whether amended Rule 3 of the Andhra Pradesh Treasury and Accounts Subordinate Service Rules, 1963 (hereinafter referred to as the Rules) is violative of the \ Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975 (hereinafter referred to as the Presidential Order) issued on 18-10-1975 by the President of India under clauses I and 2 of Art. 371-D of the Constitution.

(3.) The Validity of the amended Rule was questioned in the context of certain Assistant Section Officers in the Finance Department of the Government of Andhra Pradesh (hereinafter referred to as the Secretariat Officers) borne on Zone VII being appointed to the post of Sub-Treasury Officers borne on the subordinate offices under the Directorate of Treasuries and Accounts (hereinafter referred to as the Local Cadre) borne on Zones I to IV. For a proper appreciation of the matter, it is necessary that Rule 3 before and after amendment and the Presidential Order are set out.