(1) THIS appeal is directed against the order made by the Andhra Pradesh Administrative Tribunal in O.A. No. 117 of 1995. In substance, the claim made before the Tribunal is for quashing G.O.M.S. No. 423, Food and Civil Supplies (II) dated 4.10.1994 on the ground that it is arbitrary, illegal, void and unsustainable.

(2) BY that notification certain rules framed by the Government in terms of G.O.M.S. No. 408, Food and Civil Supplies (II) dated 28.10.t993 were kept in abeyance. The Tribunal took the view that Public Service Commission had been consulted while issuing earlier notification but not the latter one. It was, however, noticed that the said notification dated 4.10.94 does not deal with condition of Service as contemplated by Article 309 as certain rules were kept in abeyance. The Tribunal was persuaded to direct the Government, while quashing the said G.O.M.S. No. 423 dated 4.10.94 to give effect to G.O.M.S. No. 408 dated 28.10.93 to the extent it is consistent with the Presidential Order. The complaint made in this appeal is that the rule framed by the Government is the subject matter of G.O.M.S. No. 408 dated 28.10.93 and is legislative in character and suc