The Judgment of the Court was delivered by JAYACHANDRA REDDY, J. The questions that arise for companysideration in all these companynected cases are companyfined only to some of the posts of civil services of Andhra Pradesh in view of certain special provisions applicable to these services.
Article 371D of the Constitution of India is peculiar to the State of Andhra Pradesh due to historical background.
An order made under clause 1 may, in particular a require the State Government to organise any class or classes of posts in a civil service of, or any class or classes of civil posts under, the State into different local cadres for different parts of the State and allot in accordance with such principles and procedure as may be specified in the order the persons holding such posts to the local cadres so organised b specify any part or parts of the State which shall be regarded as the local area for direct recruitment to posts in any local cadre whether organised in pursuance of an order under this article or companystituted otherwise under the State Government for direct recruitment to posts in any cadre under any local authority within the State and for the purpose of admission to any University within the State or to any other educational institution which is subject to the companytrol of the State Government XX XX XX 10 The provisions of this article and of any order made by the President thereunder shall have effect numberwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.
A companysensus was arrived among several leaders of Andhra Pradesh to make a companycerted effort to analyse the factors which have been giving rise to the dissatisfaction and they suggested certain measures known as Six Point Formula and the same has been endorsed by the State Government.
Zone VI Chittoor, Cuddapah, Anantapur and Kurnool districts.
It was enacted by the Constitution Thirty Second Amendment Act which applied only to the State of Andhra Pradesh, with a view to give effect to certain safe guards in the matter of employment opportunities for resi dents of Telangana region.
This Article empowers President to provide by order for equitable opportunities and facili ties 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.
Zone II East Godavari, West Godavari and Krishna districts.
Zone VI Hyderabad, Nizamabad, Mahabubnagar, Medak and Nalgonda districts.
From the Judgment and Order dated 31.12.1987 of the Andhra Pradesh Administrative Tribunal, Hyderabad in R.P.No.
The relevant provisions of this Article for our purpose are as under 371 D. Special provisions with respect to the State of Andhra Pradesh 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.
It may be numbered that clause 3 provides for companystitu tion of an Administrative Tribunal.
794, G.A. A dated 12.11.1976 Provided that, numberwithstanding the expira tions of the said period, the president may by order, require the State Government, whenever he companysiders it expedient so to do, to orga nise any classes of posts in the civil serv ices of, and classes of civil posts, under the State into different local cadres for differ ent parts of the State.
Accordingly the President of India made Andhra Pradesh Public Employment Organisation of Local Cadres and Regulation of Direct Recruitment Order, 1975 Presidential Order for short by virtue of which the State of Andhra Pradesh has been divided into six zones and local cadres of posts in respect of the local areas were created.
Some of the promotions made were questioned by the affected persons before the Administrative Tribunal which disposed them of indicating that such promotions should be made on the basis of the Statewide list.
Zone V Adilabad, Karimnagar, Warangal and Khammam districts.
Some of the relevant provisions were held to be unconstitutional by the Supreme Court due to a variety of causes.
CIVIL APPELLATE JURISDICTION Civil Appeal No.3985 of 1988.
2150/87 CMP No.
The State of Andhra Pradesh has questioned the same in C.A.No.
25521/88 and C.A.1342/86 Madhava Reddy, C. Sitaramiah, P.P.Rao, G. Prabhakar, R. Nagaraja, P.K. Rao, Ms. C.K. Sucharita, B. Kanta Rao, K. Ram Kumar, B. Krishna Prasad and T.V.S.N. chari N.P. for the appearing parties.
In the year 1957 the Public Employ ment Requirement as to Residence Act was enacted inter alia to provide for employment opportunities for residents of Telangana area.
34, A.D. SPFA , dated 24th January, 1981 .
Certain safeguards were envisaged for the Telangana area in the matter of development and also in the matter of employment opportunities and education facilities for the residents of that area.
O. Ms. No.
In respect of Andhra Pradesh Panchayati Raj Engi neering Service the two such zonal posts are junior Engineer and Assistant Engineer.
On Novem ber 1, 1956 as a result of reorganisation of the States the erstwhile State of Hyderabad was trifurcated and Telangana region became a part of the newly formed State of Andhra Pradesh.
3985/88 and S.L.P. Civil No.
xx xx xx THE SECOND SCHEDULE See paragraphs 2 1 m and 8 4 Zones Zone I Shrikakulam and Visakhapatnam districts.
1342/86, C.A.No.
9290 of 1988 with S.L.P C No.
967 of 1987.
9290/88 mainly on the ground that promotions should be companyfined to only within local cadres and zonal posts.
dated 24th Jan., 1981 .
WITH L.P. C No.
Zone III Gunrur, Prakasam and Nellore districts.
The posts belonging to the category of Junior Assistant, and to each of the other categories equivalent to, or lower than that of a Junior Assistant in each department in each district shall be organised into a sepa rate cadre.
