JUDGMENT

FAIZAN UDDIN, J.-—Leave granted.

2. In this appeal by special leave, the appellants have challenged the order dated 20-8-1993 passed by the Central Administrative Tribunal, Hyderabad Bench at Hyderabad in Original Application No. 765 of 1993 filed by the 16 respondents herein questioning the order dated 26-5-1993 whereby they were transferred from Hyderabad Telecom District to the Telangana District of Andhra Pradesh Telecom Service.

3. The respondents herein were working as Junior Engineers in the Telephone District, Hyderabad as on 1-11-1986 under the administrative control of the General Manager, Telephone District, Hyderabad. The respondents were either recruited in the Telephone District, Hyderabad or they were transferred under Rule 38 from other districts and had joined Hyderabad District on bottom seniority. Originally the Telephone District, Hyderabad was a separate independent unit by itself and the recruitment, transfers and postings of the entire staff including the Junior Engineers were confined to the twin cities of Hyderabad and Secunderabad which were under the jurisdiction and administrative control of General Manager, Telephone District, Hyderabad.

4. The reorganisation of the Telecom Circles took place on 1-11-1986. Before the reorganisation on 1-11-1986 the areas other than Hyderabad Telephone District in Andhra Pradesh were under the control of General Manager, Andhra Pradesh Circle, Telecom. The Ministry of Communications evolved National Switching Plan, in pursuance of which a decision was taken for reorganising Telecom Circles on the basis of Secondary Switching Areas (SSA) as basic units. Consequently instructions were issued by the Ministry of Communications by Letter No. 1.16/82-TE.l dated 19-8-1985 according to which Hyderabad Telephone District took over the respective Secondary Area in which it was located. As per the aforesaid instructions the erstwhile Hyderabad Telecom District was merged with the A.P. Telecom Circle and brought under the administrative control of the Chief General Manager, Telecom, A.P.

5. The Chief General Manager, Telecom, A.P. Circle decided to rotate JTOs and other circle cadre officials and post substitutes in their place from other districts with a view to maintain service efficiency and to help the staff who served in difficult areas of Telangana so as to remove the frustration and to accommodate them at their places of choice. With this object in mind the respondents were transferred from Hyderabad Telecom District to Telangana District of Andhra Pradesh Telecom Circle. Being aggrieved by the said transfers the respondents approached the Central Administrative Tribunal, Hyderabad Bench. The Tribunal took the view that having regard to the instructions dated 19-9-1986 issued at the time of reorganisation and on consideration of the transfer liability as per orders of appointment of the respondents they can only be transferred within the erstwhile Hyderabad Telephone District and, therefore, even after reorganisation the respondents could not be transferred to other areas in Andhra Pradesh Circle without their consent so long as they worked in the category in which they have been recruited. On these findings the Tribunal allowed the application of the respondents and set aside the order of their transfer dated 26-5-1993 except that of Respondent 13 whose transfer was cancelled during pendency of proceedings before the Tribunal.

6. Learned counsel for the appellants while assailing the impugned order of the Tribunal setting aside the order transferring the respondents to various places shown against their names in the said order of transfer, submitted that after the reorganisation of Telecom Circles with effect from 1-11-1986 and as per the instructions of the Government of India, Ministry of Communication dated 19-9-1986 the erstwhile Hyderabad Telephone District was merged with the A.P. Telecom Circle and brought under the administrative control of the Chief General