Pattanaik, J. - (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 : "Para 3(3). The posts belonging to each non-gazetted category, other than those referred to in sub-paragraph (2), in each department in each zone shall be organized into a separate cadre." Sub-para (7) of Paragraph 3 reads thus : "Para 3(7). In organizing a separate cadre in respect of any category of posts in any department for any part of the State, nothing in this order shall be deemed to prevent the State Government from organizing or continuing more than one cadre in respect of such category in such department for such part of the State." Paragraph 6 of the Presidential Order deals with the local areas, which reads thus : "Para 6. Local Areas : - (1) Each district shall be regarded as a local area - (i) for direct recruitment to posts in any local cadre under the State Government comprising all or any of the posts in any department in the district belonging to the category of a Junior Assistant or to any other category equivalent to or lower than that of a Junior Assistant; (ii) for direct recruitment to posts in any local cadre under any local authority within that district, carrying a scale of pay the minimum of which does not exceed the minimum of the scale of pay of Junior Assistant or a fixed pay not exceeding that amount. (2) Each zone shall be regarded as a local area - (i) for direct recruitment to posts in any local cadre under the State Government comprising all or any of the posts in any department in that zone belonging to any non-gazetted category other than those referred to in sub-paragraph (1): (ii) for direct recruitment to posts in any local cadre comprising all or any of the posts in any department in that zone belonging to the categories of Tahsildar and Junior Engineers; Assistant Agricultural Officers, Inspectors of Police and Motor Vehicles Inspectors. [G.O. Ms. No. 498, G.A.D. (SPF), Dt/- 16-7-1977] (iii) for direct recruitment to posts in any cadre under any local authority within that zone, carrying a scale of pay, the minimum of which exceeds the minimum of the scale of pay of a Junior Assistant but does not exceed Rs. 480 per mensem; or fixed pay which exceeds the minimum of the scale of pay of a Junior Assistant but does not exceed Rs. 480 per mensem; Provided that where a single cadre has been organized for two or more zones under sub-paragraph (5) of paragraph 3 of posts belonging to any of the categories refered to in clause (i) or clause (ii) each of such zones shall be regarded as a separate local area in respect of such cadre. (3) Notwithstanding anything contained in sub-paragraphs (1) and (2) :- (i) the City of Hyderabad shall be regarded as a local area of direct recruitment to posts in any local cadre under the State Government comprising all or any of the posts in the said City in the departments and belonging to the categories notified under sub-paragraph (6) of paragraph 3, and said City shall be excluded from the local area relatable to any other local cadre comprising posts in the departments and belonging to the categories so notified; and (4) Notwithstanding anything contained in sub-paragraphs (1), (2) and (3) :- (i) the districts of Medak, Rangareddy and Hyderabad shall be regarded as a local area for direct recruitment to posts in any cadre under the Hyderabad Urban Development Authority Comprising posts, carrying a scale of pay, the minimum of which does not exceed the minimum the scale of pay of a Junior Assistant or a fixed pay not exceeding that amount; (ii) Zone VI shall be regarded as a local area for direct recruitment to posts in any cadre under the Hyderabad Urban Development Authority comprising posts, carrying a scale of pay, the minimum of which exceeds the scale of pay of Junior Assistant but does not exceed Rs. 480 per mensem or a fixed pay which exceed the minimum of the scale of the pay of Junior Assistant but does not exceed Rs. 480 per mensem. [Sub-para (4) is added by G.O. Ms. No. 498, G.A.D. (SPF-A) Dept. Dt/- 16-7-1977]. (iii) the city of Hyderabad shall be regarded as a local area for direct recuitment to posts in any cadre under a local authority within the said city comprising posts carrying a scale of pay, the minimum of which does not exceed Rs. 480 per mensem or a fixed pay not exceeding that amount, and the said City shall be excluded from the local area relatable to any cadre under any local authority not within the said City." In exercise of powers conferred upon the State Government under paragraph 3(1) of the Presidential Order, the State of Andhra Pradesh issued G.O.Ms.No. 581, organizing the Commercial Tax Department by constituting different local cadres. The aforesaid Government Order, providing scheme for organization of local cadre in Commercial Tax Department, was issued on 24th of May, 1976, and Appendix to the aforesaid scheme, indicates that while posts of Deputy Commissioners, Assistant Commissioners and Commercial Tax Officers, continue to be State level posts and as such, there was no necessity to organize any local cadre, but the posts of Deputy Commercial Tax Officers were organized into six zonal cadres and the cadre strength of different zones was also indicated in the aforesaid schedule. So far as the Non-Gazetted posts are concerned, they were organized into nine different smaller units by the State Government, for the purpose of recruitment and promotion. Necessarily, therefore, by way of any annexure, the revised jurisdiction of the Deputy Commissioner's Division, after reorganization, was indicated indicating nine different smaller units, and these smaller units, became the area for the purposes of recruitment and promotion and seniority as well. Corresponding to G.O. Ms. No. 581 issued for the Commercial Tax Department, G.O. Ms. No. 497 dated 30th of April, 1976 deals with Revenue Department and under the aforesaid G.O.Ms. while paragraph 5 deals with gazetted posts of Tahsildars, which are required to be organized into zonal cadres and in fact six zonal cadres had been organized, but so far as non-gazetted posts are concerned, the same was organized into district-wise basis as the unit and nine such units were organized, in respect of the posts of Deputy Tahsildars, Head Clerks, Upper Division Clerks, Lower Division Clerks, Typists, Shroffs, Jeep Drivers, Record Assistants and Last Grade Servants. In an identical manner, reorganization of posts in the local cadre in Police Department was issued under G.O.Ms.No. 795 dated 30th June, 1976. It is undisputed that in this batch of appeals, we are concerned with the question of seniority as well as promotion in respect of such non-gazetted posts in the Commercial Tax Department, in the Revenue Department and Police Department. These smaller units, organized by the State Government in discharge of its obligation under paragraph 3 of the Presidential Order, remained operative and the appointment, promotion and seniority continued to be dealt with the small units as the cadre, until the impugned judgment of the tribunal. It may be necessary at this stage to mention that in the Commercial Tax Department, subsequent to the issuance of G.O.Ms. No. 581, the Government of Andhra Pradesh had issued two further G.O.Ms. being G.O.Ms.Nos. 1648 and 1900. The validity of the aforesaid two G.O.Ms. was the subject matter of consideration in the case of S. Prakash Rao vs. Commissioner of Commercial Taxes, (1990) 2 SCC 259. A Three Judge Bench of this Court, analysed different paragraphs of the Presidential Order as well as the Order issued by the State Government, organizing different classes of posts into the local cadres, in accordance with paragraph 3 of the Presidential Order and ultimately, came to the conclusion that after expiry of 18 months from the date of the issuance of the Presidential Order, there is no power with the State Government for creation of any further local cadre and, therefore, the seniority has to be prepared pursuant to the initial organization, and the question of seniority and promotion has to be determined, within the local cadre, created by the State Government in issuing the order of organization, as required under paragraph 3 of the Presidential Order. In S. Prakasha Rao's case, this Court came to the conclusion that the post of Junior Assistant is the District Cadre post and the posts of Senior Assistants and Assistant Commercial Tax Officers are the zonal posts. The Court also further came to the conclusion that under paragraph 3(1) of the Presidential Order, the State Government, through issuance of G.O.Ms. No. 581 had organized the Commercial Taxes Department by constituting different local cadres and having done so, the State ceases to have any power to bifurcate or reorganize a zone within a zone, cadre or cadres therein and, therefore, any such subsequent reorgani-zation could be only for administrative necessity and not for the purpose of recruitment, seniority, promotion, etc. The Court held that for the purpose of recruitment, seniority, promotion, discharge etc., the local cadre once organized under paragraph 3(1) shall be final and continue to be operative until action is taken under proviso to sub-paragraph (1) of Paragraph 3 of the Presidential Order. With these conclusions, the action of the State Government, in issuing subsequent G.O.Ms. was held to be invalid.
(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.;