The full bench of the Tribunal companysidered the rival companyten tions of the parties and came to the view that para 5 1 of the Presidential Order made it clear that for the purpose of promotion, zonal cadre has to be treated as a separate unit and companysequently the posts of Head Accountants Sub Treasury Officers, which have been declared as zonal posts companyld be filled up by promotion only on zonal basis and companysequently Rule 3 of the Rules which specified various categories of posts without reference to zone as feeder posts for the purpose of promotion to the posts in question are inconsist ent with para 5 1 of the Presidential Order.
1595 of 83 and R.P. No.
They claimed that the Serv ice rules issued under Article 309 of the Constitution, as they existed at the time of the Presidential Order did number companyform to the local cadres created under the Presidential Order and hence the State Government had issued G.O. No.
The relevant portion in G.O.P. No.
728 dated 1.11.1975 cited by the respondents in this respect would be properly understood.
728 dated 1.11.75 and held as follows In our opinion, once this point is companyceded, the companytents of paragraph 10 of G.O. P No.
In reply the State of A.P. while admitting that under the Presidential Order, the posts of Head Accountant Sub Treasury Officers were organised into zonal posts nevertheless companytended that the personnel from differ ent categories mentioned under the Rules are entitled for being companysidered for promotion to the rank of Head Account ants Sub Treasuries Officers by reason of para 5 2 a of the Presidential Order and the detailed instructions company tained in para 10 a of G.O.P. No.
The Full Bench also company sidered the scope and effect of G.O. No.
Thereafter, the Government of Andhra Pradesh by G.O.P. No.
728 on 1 11 75.
From the Judgment and Order dated 5.3.
The Full Bench was companycerned with the amended Rule 3 which was framed long before the Presi dential Order was passed.
728 dated 1.11.1975.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
3490 91 of 1987.
728 dated 1.11.1975 reads as follows Though posts may be organised into separate local cadres, para 5 2 of the Presidential Order provides that the State Government may make a provision for transfer of persons from, and to, local cadres under certain circumstances.
A. Choudhary, T.V.S.N. Chari, Ch.
728 General Administration S.P.W.A. Department dated 1.11.1975 issued various instructions in relation to the aforesaid Presidential Order including para 5 regarding inter cadre transfers.
It was urged by them that with the promulgation of the Presidential Order, the posts of Head Accountants and Sub Treasury Offi cers had become zonal posts and as such the zone will be the unit for recruitment, appointment, discharge, seniority, promotion and transfer to such a zonal post under paragraph 5 1 of the Presidential Order.
1986 and 1.4.1986 of the Andhra Pradesh Administrative Tribunal, Hyderabad in P. Nos.
In order to make the provisions of the old Rule to have currency even after the Presidential Order was passed, the Government issued G.O. Ms. No.
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.
The Full Bench therefore held that after the promulgation of Presidential Order the provisions of Rule 3 referred to above would have to be reviewed so as to make them companysistent with the provi sions of the Presidential Order.
1595 and 788 of 1984.
Badrinath and Mrs. Sumitha Rao for the Appellants.
For in stance, a certain proportion of ministerial posts in the offices of Heads of Departments is to be filled by transfer from ministerial categories in the subordinate offices in the districts.
215 dated 14.7.1986 to annul the two judgments of the Tribunal.
Seetharammayya, B. Parthasarthi and A. Subba Rao for the Respondents.
Thereafter, the State has.preferred these appeals by special leave against the judgments of the Administrative Tribunal.
The Judgment of the Court was delivered by NATARAJAN, J. These appeals by the State of Andhra Pradesh are directed against the judgments of the Andhra Pradesh Administrative Tribunal, Hyderabad, in R.P. Nos.
It was in acceptance of this position the Government had issued G.O. Ms. No.
The validity of the amended Rule was questioned in the companytext 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.
1595 of 1983 and 788 of 1984.
However, the Full Bench was of the view that the O. did number companyform to the requirements of para 5 2 of the Presidential Order and therefore the Full Bench held the old Rule cannot have operative force without any specific provision being made in the Rules in pursuance of the au thority given to the State Government under para 5 2 of the Presidential Order.
A provision of this kind is protected under the Presidential Order.
Seven persons belonging to category 5 of Branch II of the A.P. Treasury and Accounts Subordinate Service presented a representation petition number 706 of 78 before the A.P. Administrative Tribunal for declaring Rule 3 of the Rules ultra vires, in so far as it made provision for promotion of Clerks of the Directorate of Treasuries and Accounts and Assistants of the Finance Department of the Secretariat to the posts of Head Accountants and Sub Treasury Officers, in violation of para 5 1 of the Presidential Order.
788 of 84 came to be filed before the A.P. Administrative Tribunal.
728 for suitable amendments being made to the Service Rules in each service.
They further claimed that only the U .D. Accountants of the Feeder Sources of the zone alone are eligible for companysideration in that particular zone for promotion to the rank of Head Accountant and Sub Treasury Officer and number the personnel from other zones including D. Accountants of the Directorate of Treasuries and Ac companynts and Assistants of the Finance Department of the Secretariat.
