(1) CAS Nos. 1866-82 of 1994 The appellants in these appeals were promoted from the post of Deputy Forest Range Officers to the post of Forest Range Officers in the State of Andhra Pradesh under the order of 15-6-1991. The appellants had not passed the departmental test required for promotion to the post of Forest Range Officers. They, however, contended that by a memo dated 26-3-1991 issued by the Principal Secretary to the Government, the condition requiring them to pass the departmental examination was relaxed in terms of that order and hence they were legitimately promoted. It should be noted that the promotion was temporary since the vacancies were only available to direct recruits while the appellants were promotees.

(2) THEIR promotion was challenged before the Andhra Pradesh Administrative Tribunal by the Deputy Forest Range Officers who had already qualified in the departmental tests. By the impugned judgment and order dated 26-3-1993, the Andhra Pradesh Administrative Tribunal has set aside the order of promotion and has further given a direction that if any of the present appellants has become qualified subsequently, he may be considered for the subsequent panels after he became qualified.

(3) WE are not concerned in these appeals with the subsequent circulars or orders issued in connection with passing or not passing the departmental examination. Hence, we have not considered the same.

(4) THE terms and conditions of service of the appellants are governed by the Andhra Pradesh State and Subordinate Services Rules, 1962. Rules 37 and 47 of the said rules are as follows:

"37. Temporary promotion.(a)(i) Where it is necessary in the public interest to fill emergently a vacancy in a post borne on the cadre of a higher category in a service or class by promotion from a lower category and if the filling of such vacancy in accordance with the rules is likely to result in undue delay, the appointing authority may promote a person temporarily otherwise than in accordance with the said rules. (ii) No person who does not possess the qualifications, if any, prescribed for the said service, class or category, shall ordinarily be promoted under clause (i). Every person who does not possess such qualifications and who has been or is promoted under clause (i) shall be replaced as soon as possible by promoting a person possessing such qualifications. (dd) The appointing authority shall have the right to revert to a lower category or grade any person promoted under sub-rule (a) or sub-rule (b) at any time without assigning any reason and without notice. (e) If such person is subsequently promoted to the higher category in accordance with the rules he shall commence his probation if any, in such category from the date of such subsequent promotion or from such earlier date as the appointing authority may determine. 47. Relaxation of rules by the Governor.No rule made under the proviso to Article 309 of the Constitution of India or continued under Article 313 of the Constitution shall be construed to limit or abridge the power of the Governor to deal with the case of any class or category of persons for being appointed to any civil post, or of any person who is serving or has served in a civil capacity under the Government of Andhra Pradesh in such manner as may appear to him to be just and equitable: Provided that where any such rule is applicable to the case of any person or a class of persons, the cases shall not be dealt with in any manner less favourable to the person or class of persons than that provided by that rule."

(5) APART from the above rules, in respect of the Forest Subordinate Service, the State of Andhra Pradesh has also framed specific rules known as "the Andhra Pradesh Forest Subordinate Services Rules". The rules which are relevant for our present purpose are the Andhra Pradesh Forest Subordinate Services Rules of 1986. These rules are in addition to the general rules, na