B. SUDERSHAN REDDY, J.

( 1 ) A distinguished member of the legal fraternity invoked the extraordinary jurisdiction of this court under Article 226 of the Constitution of India in W. P. No. 18610 of 2002 challenging the legality of the action taken by the Government of Andhra Pradesh in terminating her engagement as Government Pleader, andhra Pradesh Administrative Tribunal vide the impugned G. O. Rt. No. 1294, dated 21-8-2002. The whole grievance of the writ petitioner centers around her alleged illegal termination of the engagement as Government pleader, Andhra Pradesh Administrative Tribunal.

( 2 ) A learned single Judge of this Court allowed the said writ petition filed by the writ petitioner and accordingly set aside the impugned G. O. Rt. No. 1294, dated 21-8-2002. Hence this writ appeal by the State of Andhra pradesh challenging the correctness of the said order passed by the learned single judge.

( 3 ) IN order to appreciate the question as to whether the termination of the professional engagement of the writ petitioner as Government Pleader, Andhra Pradesh Administrative Tribunal suffers from any infirmities, it becomes just and necessary to notice the legal environment relating to the appointment and conditions of service of Law Officers in the State of Andhra Pradesh.

( 4 ) THE Government of Andhra Pradesh vide G. O. Ms. No. 187, dated 6-12-2000 issued instructions regulating the appointment and conditions of service of the Law Officers of the Government of Andhra Pradesh other than the Advocate General and Additional advocates General. The said instructions are called "the Andhra Pradesh Law Officers (Appointment and Conditions of Service) Instructions. 2000 (for short the Instructions ).

( 5 ) CLAUSE 4 of the Instructions provides that the Government, in consultation with the Advocate-General, shall appoint such number of Law Officers in the High Court of andhra Pradesh, Andhra Pradesh Administrative Tribunal, etc. , as they may consider necessary. Certain qualifications are prescribed without which no person shall be included in the panel for appointment as government Pleader or Special Counsel.

( 6 ) CLAUSE 8 of the Instructions is in the following terms :

( 7 ) TERM of Law Officers : Law Officers shall ordinarily be appointed for a term of three years. The Law Officers so appointed may be considered for a second term, if the government are satisfied that he has proven efficiency, high rate of success and good performance and for a third term in exceptional cases : provided that Government Pleaders, Assistant. Government Pleaders, Public Prosecutors and Additional Public Prosecutors in subordinate Courts may be considered for appointment for a second term if their performance is very good and in the case of persons belonging to Scheduled Castes and scheduled Tribes if their performance is satisfactory.

( 8 ) CLAUSE 9 provides for termination of the engagement and it reads :

( 9 ) TERMINATION of Service : Notwithstanding anything contained in instruction 8, either the Government or the Law Officer may terminate the engagement with one month s notice : provided that the Government may terminate the engagement by paying one-month honorarium in lieu of one month s notice.

( 10 ) THE other terms of the instructions are not very material for our present purpose. Factual matrix :

( 11 ) WE shall now refer to the facts in brief leading to filing of this writ appeal: the writ petitioner was appointed as Government Pleader for Andhra Pradesh Administrative Tribunal, Hyderabad for a period of three years vide G. O. Rt. No. 1821, Law (L) department, dated 26-12-2000 subject to certain terms and conditions mentioned therein. Condition No. 5 incorporated in the order of appointment of the writ petitioner as Government Pleader provides that "her appointment may be terminated by the Government by giving one month s notice or payment of one month s emoluments. It will be open for her to resign after giving one month s notice". The

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