- (1.) This appeal is directed against the order made by the Andhra Pradesh Administrative Tribunal in OA. No. 117 of 1995. In substance, the claim made before the Tribunal is for quashing G. O. M. S. No. 423, Food and Civil Supplies (II) dated 4.10. 1994 on the ground that it is arbitrary, illegal, void and unsustainable.
(2.) By that notification certain rules framed by the Government in terms of G. O. M. S. No. 408, Food and Civil Supplies (II) dated 28.10. t993 were kept in abeyance. The Tribunal took the view that Public Service Commission had been consulted while issuing earlier notification but not the latter one. It was, however, noticed that the said notification dated 4.10. 94 does not deal with condition of Service as contemplated by Article 309 as certain rules were kept in abeyance. The Tribunal was persuaded to direct the Government, while quashing the said G. O. M. S. No. 423 dated 4.10. 94 to give effect to G. O. M. S. No. 408 dated 28.10. 93 to the extent it is consistent with the Presidential Order. The complaint made in this appeal is that the rule framed by the Government is the subject matter of G. O. M. S. No. 408 dated 28.10. 93 and is legislative in character and such a rule can at any time be repealed or modified and when the matter was under consideration by the Government, the Tribunal could not have issued the direction in the manner in which it had been done in the present case. We find force in the submission made on behalf of the appellant. The Tribunal could neither have given directions to the Government to frame rules in any particular manner nor direct the Government to give effect to the rules in part which were kept in abeyance. Therefore, we allow this appeal, set aside the order made by the Tribunal. There shall be no order as to costs. C. A. Nos. 16783-16787/96
(3.) These appeals are filed by the Government of Andhra Pradesh against the order made by the Tribunal fixing the number of the vacancies of Deputy Tehsildars to be filled up by direct recruitment.;