ORDER

Leave granted.

We have heard learned counsel for the parties.

2. These appeals by special leave arise from the Order of the Andhra Pradesh Administrative Tribunal, made on June 5, 1996 in O.A. No. 1224/96 and Order made on 19.8.1996 in Review M.A. No. 2039/96 in O.A. No. 1224/96.

3. The facts are, very fairly, not in dispute. Respondent No. 1 both sets of appeals is a Veterinary Assistant Surgeon in A.P. Husbandry Department. He filed O.A. seeking direction for preparation of a panel of candidates for promotion as Assistant Director under Rule 4 of the A.P. Subordinate Service Rules (for short, the General Rules ). The Tribunal directed the respondent-Government to prepare and operate the panel for the years 1995-96 for promotion to the post of Assistant Director in the A.P. Animal Husbandry Service. Calling that order in question, these appeals have been filed by the contesting respondents as well as by the State.

4. Shri L. Nageswara Rao, learned counsel for the appellants, has raised three-fold contention. It is firstly submitted that the respondent has no right to be considered for promotion as Assistant Director. Secondly, even if he has got such a right to appointment to the post, the Government have power to revise its policy of appointment and appointment requires to be made in accordance with the revised policy. The direction given by the Tribunal is contrary to the policy decision taken by the Government, namely, to reconsider the policy of promotion in the Service and to make rules afresh in the place of the existing Rules. In this premise, the Tribunal has committed manifest error in directing the Government to prepare, finalise and operate the panel for the years 1995-96 for promotion as Assistant Director of the A.P. Animal Husbandry Department. Shri H.S. Gururaja Rao, learned senior counsel appearing for the first respondent, in the main appeals, has contended that the first respondent has a right to be considered to promotion to the post in accordance with the Rules existing in the year 1995-96. The Rules made afresh do not take away the right of the first respondent to be considered in accordance with the existing Rules. Rule 4 read with Rule 3 of the General Rules gives mandate to the Government to prepare the panel by September 30 of every year to be operative till the end of December of the succeeding year or preparation of the fresh panel, whichever is earlier. In this case, since the process of the preparation of the panel has already been commenced for filling up the existing vacancies, the Government is required to complete the preparation of the panel, finalise the panel and operate the panel. The Tribunal, therefore, was right in giving the impugned direction. He also contended that the right given by the Tribunal cannot be taken away by the Rules made prospectively w.e.f. June 12, 1996, the date on which the amended Rules made in G.P. Ms. No. 54 of Animal Husbandry & Fisheries Department, Government of A.P. came into force.

5. In view of the rival contentions, the question that arises for consideration is : whether the view taken by the Tribunal is correct in law ? It is seen that A.P. Animal Husbandry Service Rules, 1996 made in G.O. Ms. No. 54 of Animal Husbandry & Fisheries Department dated June 6, 1996 (for short, the Rules ) came into force with effect from June 12, 1996. The Rules repealed the existing Rules made in G.O. Ms. No. 729 dated 24.9.1977. The Rules prescribe four classes of services. Class A consists of Category-I. Director of Animal Husbandry, Category-II, the Additional Director, Category-III, the Joint Director, Category-IV, the Deputy Director, Category-V, the Assistant Director and Category-VI, the Veterinary Assistant Surgeons. It is prescribed at the end that "all the posts in each category are inter-changeable for the purpose of seniority, promotion, transfer and postings". It is not in dispute that prior to the Rules came into time under old Rules (for short, the repea