B. SUDERSHAN REDDY, J.

( 1 ) THE subject matter that arises for consideration in both these writ petitions is one and the same and, therefore, they can conveniently be disposed of by a common order. The petitioners herein invoked the jurisdiction of the Andhra Pradesh Administrative Tribunal at Hyderabad challenging the constitutional validity of the amended proviso to Rule 6 of the Andhra Pradesh Treasury and Accounts Subordinate Service Rules on various grounds in O. A. Nos. 5312 of 1996 and 383 of 1996 respectively. The Tribunal by its common Judgment dated 13/08/1997 disposed of O. A. No. 6456 of 1995 and Batch, including the above Original Applications, upholding the constitutional validity of the said amended proviso to Rule 6 of the said Rules. The Tribunal after an elaborate consideration of the matter rejected the contentions raised by the petitioners. Hence these writ petitions.

( 2 ) BEFORE adverting to the question as to whether the Tribunal has committed any error in upholding the constitutional validity of the amended proviso to Rule 6 of the Rules, it may be necessary to briefly notice the relevant facts leading to filing of these writ petitions.

( 3 ) THE petitioners in both the writ petitions, at the time of filing of the writ petitions, have been working as Senior Accountants in the Treasuries and Accounts Department, Government of Andhra Pradesh. Their service conditions including the appointment, promotion, seniority etc. , in the Treasuries and Accounts Department are regulated by the rules known as "andhra Pradesh Treasury and Accounts Subordinate Service Rules" (for short the Rules ) made by the Governor in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India. They are the special rules. The rules deemed to have come into force on and with effect from 1-4-1958. According to the said Rules, the promotion from the cadre of Senior Accountant to that of the Superintendent/sub-Treasury Officer is based upon the seniority alone.

( 4 ) THE Government of Andhra Pradesh having carefully examined the proposals of the Director of Treasuries and Accounts about the need for improving the knowledge and skills among the personnel of Treasuries and Accounts Gazetted and Subordinate Services decided to introduce "treasuries and Accounts Service Examination" and accordingly notified its policy decision in G. O. Ms. No. 316, Finance and Planning (F. W.-Admn. I) Department, dated 14/12/1988 prescribing the qualification of a pass in the said Examination i. e. Treasuries and Accounts Service Examination, Part-I and II to be conducted by the Andhra Pradesh Public Service Commission for promotion of Senior Accountants to the next higher post i. e. Sub-Treasury Officer. Accordingly, a new examination named as "treasures and Accounts Service Examination" consisting of Part-I and II (for short the said examination ) has been introduced. The said G. O. has laid down the criteria for conducting the examination including the syllabus. Only such of those who pass the said examination were made eligible for promotions to the next higher post.

( 5 ) THE Andhra Pradesh Public Service Commission conducted the said examination from November, 1989 and continued to conduct the same every year. The petitioners appeared for the said examination and passed the same along with certain other Senior Accountants in the Department. The petitioners were accordingly expecting the promotions based upon the newly acquired qualification of having passed the said examination conducted by the Andhra Pradesh Public Service Commission.

( 6 ) THE Government of Andhra Pradesh by its subsequent G. O. Ms. No. 154, Finance and Planning (FW. ADMN. I) Department, dated 11-4-1991, having considered the representation of the Andhra Pradesh Treasury Subordinate Service Association, Hyderabad and in view of the difficulties faced by the employees, modified the scheme of Treasuries and Accounts Service Examination introduced in

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