JUDGMENT

Arijit Pasayat, J.-Doubting correctness of the view expressed in two decisions rendered by two Hon ble Judges in State of Andhra Pradesh and Anr. vs. V. Sadanandam & Ors. (1989 Supp. (1) SCC 574) and Govt. of A.P. & Anr. vs. B. Satyanarayana Rao (Dead) LRs. & Ors. (200(4) SCC 262) regarding scope and ambit of para 5(2) of the Presidential Order issued under Article 371-D of the Constitution of India 1950 (in short the "Constitution") a reference has been made to a three Judges Bench, and that is how the matter was listed before us.

The question for consideration in these appeals is whether the judgment of Andhra Pradesh Administrative Tribunal ( in short "Tribunal") striking down certain provisions of the Special Rules framed under Article 309 of the Constitution holding them to be violative of the Presidential Order issued under Article 371D of the Constitution is correct.

2. Background facts in a nutshell are as under:-

Prior to the formation of the State of Andhra Pradesh on 1.11.1956 and thereafter, the Labour and Factories Department consisted of 3 units, namely, Labour, Factories and Boilers. The employees belonging to the ministerial cadres in all the 3 units had a