JUDGMENT

K. JAYACHANDRA REDDY, J.:—The questions that arise for consideration in all these connected cases are confined only to some of the posts of Civil Services of Andhra Pradesh in view of certain special provisions applicable to these services. Art. 371D of the Constitution of India is peculiar to the State of Andhra Pradesh due to historical background. 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 safeguards in the matter of employment opportunities for residents of Telangana region. This Article empowers the President to provide by . order for equitable opportunities and facilities 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. This Article also provides for Constitution of an Administrative Tribunal to receive representations for the redressal of the grievances and for passing necessary orders. 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. In respect of Andhra Pradesh Panchayat Raj Engineering Service the two such zonal posts are Junior Engineer and Assistant Engineer. The main question that arises for consideration in these cases is whether the promotion from Junior Engineer to Assistant Engineer should be on the basis of Statewide list or the zonal list. 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. The State of Andhra Pradesh has, questioned the same in C. A. No. 1342/86, C.A. No. 3985/88 and S.L.P. (Civil) No. 9290/88 mainly on the ground that promotions should be confined to only within local cadres and zonal posts. S. L. P. (Civil) No. 2150/ 87 is filed by two such Engineers whose representation was disposed of by the Tribunal directing the Government to redetermine their positions in the seniority list instead of giving a definite declaration as prayed for by them.

2. Shri K. Madhava Reddy, learned counsel appearing for the State of Andhra Pradesh, submitted that both the posts of Junior Engineer and Assistant Engineer are zonal posts under the Presidential Order and the zonal seniority list has to be followed in the matter of promotions from Junior Engineer and not the Statewide seniority list of Junior Engineers. He also submitted that all promotions made so far pursuant to certain orders should be treated as provisional and that the State Government should be permitted to review these promotions on the basis of .the zonal seniority list and that all further promotions shall be made on the basis of the zonal seniority list. According to the learned counsel, for the purpose of promotion to the higher post of Executive Engineer which is not a zonal post, a Statewide seniority list of Assistant Engineers of all zones should be prepared on the basis of which promotion to the post of Executive Engineer will be made. Shri Sitaramiah, learned counsel appearing for respondents, submitted that Art. 371 D(2) refers only to direct recruitment and the Presidential Order made under the said Article cannot make a departure and cannot be made applicable for promotions also. On the other hand, it is the Statewide list that should be the basis for promotion. In support of his submissions he invited our attention to the provisions of Art. 371 D and the Presidential Order and emphasised the word employment as occurring in the Article should be confined only to direct recruitment. Shri P. P. Rao, learned counsel appearing for other set of respondents in the appeals filed by the State of A