- (1.) The State of Andhra Pradesh comprises of three regions known as Andhra area, Telangana area and Raylaseema area. At the time of formation of the State in 1956, certain safeguards were envisaged for Telangana area in the matters of development, employment opportunities and educational facilities for the residents of that area. The legislature enacted the Public Employment (Requirement as to Residence) Act, 1957 for providing employment opportunities for the residents of Telangana area but the relevant provisions of that Act were declared unconstitutional by this Court. In 1969, an agitation was launched by some political parties demanding separate statehood for Telangana area on the ground that people of that area were not getting their due in the matters of education, government employment and economic development. In the backdrop of the agitation, a six-point formula was evolved which, among other things, envisaged equitable employment opportunities and career prospects for the people of different areas of the State by ensuring preferential treatment to the local candidates. Subsequently, clarification dated 22.10.1973 was issued in which it was visualized that the State as a whole may consist of five or six divisions and the twin cities of Hyderabad and Secunderabad including the cantonment will be constituted into a separate division. This is evident from paragraph 7 of the clarification, which reads as under: "7. In regard to the service the basic approach of the formula is that the people of different areas should have equitable employment and career prospects. The concepts of local candidates and local areas are interrelated because local candidates will be identified with reference to a local area. In specifying any local areas it should not be necessary to go below the level of district. For recruitment of Class IV posts and posts of LDC and equivalent in district office, the district will then be the local area. For other categories of posts it would be desirable to group contiguous districts into divisions. We, however, visualize that the State as a whole may consist of five or six divisions, the twin cities including the cantonment being constituted into a separate division."
(2.) For giving effect to the six-point formula, Articles 371D and 371E were inserted in the Constitution by the Constitution (Thirty-second Amendment) Act, 1973. Clauses (1) and (10) of Article 371D read as under: (1) The President may, by order made with respect to the State of Andhra Pradesh provide, having regard to the requirements of the State as a whole, for equitable opportunities and facilities for the people belonging to different parts of the State, in the matter of public employment and in the matter of education, and different provisions may be made for various parts of the State. (10) The provisions of this article and of any order made by the President thereunder shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.
(3.) In exercise of power under clause (1) of Article 371D, the President made the Andhra Pradesh Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 1975 (hereinafter referred to as 'the Presidential Order'). The relevant provisions of the Presidential Order, as amended from time to time, read as under:- "2. INTERPRETATION: In this Order, unless the context otherwise requires. (a) 'City of Hyderabad' means the part of the State comprising the territories specified in the First Schedule; (b) (c) 'local area' in relation to any local cadre, means the local area specified in paragraph 6 for direct recruitment to posts in such local cadre, and includes, in respect of posts belonging to the category of Civil Assistant Surgeons, the local area specified in sub-paragraph (5) of paragraph (6) of this Order; (d) to (g) (h) 'Schedule' means a Schedule appended to this Order; (i) 'Special Office or Establishment' means as Office or Establishment notified as such by the Central Government; (j) 'Specified gazetted category' means any gazetted category specified in the Third Schedule and includes any other gazetted category notified as such by Central Government; (l) 'State-level office or institution' means as office or institution serving, or the jurisdiction of which extends to the State as a whole and notified as such by the Central Government; (m) 'Zone' means a zone specified in the Second Schedule comprising the territories mentioned therein; 3. Organization of local Cadres:- (1) (2) The posts belonging to the category of lower division clerk and each of the other categories equivalent to or lower than that of a lower division clerk in each department in each district shall be organized into separate cadre. Explanation:- For the purposes of this sub-paragraph, sub- paragraph (1) of paragraph 6 and sub-paragraph (1) of paragraph 8 a category shall be deemed to be equivalent to or lower than that of a lower division clerk if the minimum of the scale of pay of a post belonging to that category or where the post carries a fixed pay such fixed pay is equal to or lower than the minimum of the scale of pay of a lower division clerk. (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. (4) The posts belonging to each specified gazetted category in each department in each zone shall be organized into a separate cadre. (5) Notwithstanding anything contained in sub-paragraphs (3) and (4), the State Government may where it considers it expedient so to do and with the approval of the Central Government, organize the posts belonging to any of the categories referred to therein, in any department, or any establishment thereof, in two or more contiguous zones into a single cadre. (6) Notwithstanding anything contained in sub-paragraphs (2), (3), (4) and (5), the Central Government may notify the departments in which and the categories of posts for which a separate cadre has to be organized for the City of Hyderabad and on such notification, the posts belonging to each such category in each such department in the said City (other than those concerned with the administration of areas falling outside the said City) shall be organized into a separate cadre and the posts so organized shall be excluded from the other cadres, in pursuance of this paragraph or constituted otherwise and comprising of posts belonging to that category in that department. 5. Local Cadres and Transfer of Persons:- (1) Each part of the State, for which a local cadre has been organized in respect of any category of posts, shall be a separate unit for purposes of recruitment, appointment, discharge, seniority, promotion and transfer, and such other matters as may be specified by the State Government in respect of that category of posts. (2) Nothing in this order shall prevent the State Government from making provision for (a) the transfer of a person from any local cadre to any Office or Establishment to which this Order does not apply, or Vice Versa. (b) The transfer of a person from local cadre comprising posts in any Office or Establishment exercising territorial jurisdiction over a part of the State to any other local cadre comprising posts in such part, or Vice Versa. (c) The transfer of a person from one local cadre to another local cadre where no qualified or suitable person is available in the latter cadre for where such transfer is otherwise considered necessary in the Public interest. (d) The transfer of a person from one local cadre to another local cadre on a reciprocal basis subject to the condition that the persons so transferred shall be assigned seniority in the latter cadre with reference to the date of his transfer to that cadre. (Vide G.O.Ms. No. 34, G.A. (SPF.A) Dept, dt. 24.01.1981) 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 that district belonging to the category of a lower division clerk or to any other category equivalent to or lower than that of a lower division clerk. (ii) For direct recruitment to posts in any 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 a lower division clerk 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 post in any department in that zone belonging to the categories of Tahsildars, Asstt. Executive Engineers, Assistant Agricultural Officers, Inspectors of Police and Motor Vehicles Inspectors (Vide G.O.Ms. No. 498, dated 16.7.1977 G.O.Ms. No. 34, dt. 24.01.1981 and G.O.Ms. No. 635, (SPF.A) Dept. dated 30.11.1993). (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 clerk but does not exceed Rs.480/- per mensem or a fixed pay which exceeds the minimum of the scale of pay of a lower division clerk but does not exceed Rs.480/- per mensem or any amount corresponding to it as may be specified in this regard in the successive revisions of pay scales granted by the State Government from time to time. (G.O.Ms. No. 635, G.A. (SFF.A) Dept. dated 30.11.1993). 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 referred to in clause (i) or clause (ii) each of such zones shall be regarded as 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 for 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 the 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 (ii) the City of Hyderabad shall be regarded as a local area for direct recruitment 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 mensum or any amount corresponding to it as may be specified in this regard in the successive revisions of pay scales granted by the State Government from time to time 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. (G.O.Ms. No. 635, G.A. (SPF.A) Dept. dated 30.11.1993). 10. Power to Authorise issue of Directions:- (1) The President, may, by order, require the State Government to issue such directions as may be necessary or expedient for the purpose of giving effect to this Order to any local authority and such local authority shall comply with such directions. (2) The State Government may, for the purpose of issuing any direction under sub-paragraph (1) or for satisfying itself that any directions issued under sub-paragraph (1) have been complied with require by order in writing any local authority to furnish them such information, report of particulars as may be specified in the order and such local authority shall comply with such order. 11. Order to have over-riding effect:- The provision of this order shall have effect notwithstanding anything contained in any Statute, Ordinance, rule, regulation or other order made before or after the commencement of this Order in respect of direct recruitment to posts under the State Government or any local authority. 14. Saving:- Nothing in this Order shall apply to:- (a)any post in the Secretariat of the State Government, (b)any post in an office of the Head of a Deptt., (c) any post in a Special Office or Establishment. (d) any post in a State-level office or Institution. (e) any post other than a post belonging to any of the non- gazetted categories in the ministerial and technical services in a Major Development Project; (G.O.Ms. No. 455, G.A. (SPF.A) Dept., dated 3.10.1985 and (f) any post Police Officer as defined in clause (b) of Section 3 of the Hyderabad City Police Act, 1348 F. THE FIRST SCHEDULE [See paragraph 2(1)(a) City of Hyderabad] (a) Hyderabad Municipal Corporation area: (i) Hyderabad Division (ii) Secunderabad Division (b) Secunderabad Cantonment area (c) Osmania University Campus (d) Zamistanpur Village (e) Fatehnagar Panchayat area (f) Bowenpalle Panchayat area (g) Machabolaram Panchayat area (h) Lalaguda Village Village (i) Malkajgiri Panchayat area (j) Uppal Khalsa Panchayat area (k) Alwal Panchayat area (l) Balanagar Panchayat area (m) Musapet Panchayat area (n) Kukatpalli Panchayat area;