B KASIHSWESWARA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) These applications are made for nullifying the Zonal transfers made by the State Government under Article 371-D of the Constitution pending disposal of the writ petitions.

(2.) Article 371-D of our Constitution is indeed a very special and an extraordinary provision in every sense of that term (Sec. Chief Justice of Andhra Pradesh v. L. V. A. Dikshitulu.) It is a negation of oneness of Indian citizenship. It is a denial of fundamental rights to equality in general and right to equality in matters of employment in particular so far as Indian citizens residing in the State of Andhra Pradesh are concerned, It deprives for Indian citizens residing in Andhra Pradesh from blessings and benefits of adjudication by an independent Higher Constitutional Judiciary in whose place it has set up a Tribunal called Andhta Pradesh Administrative Tribunal, whose Members are appointed by the President of India holding their offices during his pleasure and receiving such emoluments as they are paid. Under the Article it is not necessary that the Members of the Tribunal need be trained in law nor be experienced in constitutional adjudication. Their minimum qualifications are almost unspecified although they are expected to deal with statutory and constitutional interpretation. What is more the decisions of that Tribunal such as they are rendered in disputes between the State Civil Servants on one hand and the State Government on the other on and after serious contest and through consideration, do not bind the State which is free to modify or even to annul that very decision to which it is a party. The judicial decision reached by the Tribunal would require if it were to be effective within the first three months, to be confirmed by the State Executive.

(3.) In all respects, the Andhra Pradesh Administrative Tribunal, as constituted to-day, is an Advisory Body to the State Executive on its service matters.