Andhra Pradesh High Court
Judges : A.SEETHARAM REDDY, R.K.A.SUBRAHMANYA
M.SUBBA RAO - Appellant
Versus
State OF A.P., SECRETARY, HOUSING, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPT., HYDERABAD - Respondent
Decided On : 06-13-89
PUBLIC EMPLOYMENT - ALLOTMENT OF PERSONS TO LOCAL CADRES - PRINCIPLES AND PROCEDURE - BALANCED COMPOSITION OF LOCAL CADRES - LENGTH OF SERVICE - PREFERENCE OF PERSONS CONCERNED - G.O. MS. NO. 245, DATED 20TH MAY, 1986 - VALIDITY.
Fact of the Case:
Petitioners, Deputy Executive Engineers in Public Health Division, challenged the Government orders allotting them to Zone II instead of Zone I/VII, despite their requests and the Presidential Order's guidelines for balanced local cadres.
Finding of the Court:
The court found that the impugned Government orders failed to consider the length of service, composition of balanced cadres, and preferences of the petitioners, as required by the Presidential Order.
Issues: 1. Whether the Government orders allotting the petitioners to Zone II were valid. 2. Whether the guidelines laid down in the Presidential Order for allotment of persons to local cadres were followed.
Ratio Decidendi: 1. The court held that the Government orders were not valid as they failed to consider the relevant factors prescribed by the Presidential Order, such as length of service, composition of balanced cadres, and preferences of the petitioners. 2. The court emphasized the need for equitable opportunities and facilities for people belonging to different parts of the State in public employment, as mandated by Article 371-D of the Constitution.
Final Decision: The court allowed the representation petitions and remitted the matter back to the Respondent authorities for review, directing them to consider the relevant factors and make a fresh allotment in accordance with the guidelines laid down in the Presidential Order.
( 1 ) THESE petitions could be disposed of by a common order as they involve common points.
( 2 ) THE petitioners have been working as Deputy Executive Eagineers in Public Health Division. Aggrieved against the Government orders in g. O. Ms. No. 494, dated 13-4-1987 and G. O. Ms. No. 495 of the said date in not allotting the petitioners to Zone I/vii which was requested for by them initially and since that was not acceptable to the allotment Committee, appeals were preferred therefor which were rejected by the aforesaid orders, hence, these two Representation Petitions have been filed.
( 3 ) THEIR averments inter alia are that they were allotted as Junior engineers after due selection by the A. P. Public Service Commission in the year 1966 and were appointed w. e. f. 24-2-1968 on regular bisis. They were subsequently promoted on 1-1-1982 as Deputy Executive Engineers. Under a. P. Public Employment (Organisation of Local Cadres and Regulation of direct Recruitment) Order, 1975 (Presidential Order for short), the petitioners were allotted to Zone-II, Their representation for allotment to zone I/vil was not responded to. Since this was contrary to the principles laid down under Clause 4 (2) (b) of the Piesidential Order which contemplates composition of balanced local cadre, as too many seniors found place in zonc-II, they challenged the same by filing RP No. 560/80 before the A. P. Administrative Tribunal which was finally disposed of along with other similar RPs. on 24-9-19s4 with a direction by remitting the matter back to the Government to re-examine the issue. Eventually, G. O. Ms. No. 245, dated 20th May, 1986 was issued causing various allotments. So far as these two petitioners arc concerned, they were retained in Zone-II. Aggrieved by the continued retention in Zone-II, they preferred appeals to the government requesting for rcallotment to Zone-I or other Zone by protecting the seniority which \\as rejected by the impugned Government Orders, hence, these Representation Petitions.
( 4 ) THE challenge is based on the grounds inter aha, ihat it was contrary to the guidelines laid down under para 4 (2) (b) of the Presidential Order which postulates balanced composition of local cadres with juniors allotted in such proportion in all the Zones on State-wide basis as to ensure fair and equitable prospects for all persons in various Zones without some allottees having accelerated chances of promotion in some Zones, and in other Zones similar allottees suffering unmerited stagnation defeating the purpose of constitution of a balanced cadre. The further ground is that some of the employees who joined the department 10 years after the petitioners find their names in the year wise panels of Deputy Executive Engineers of Zones v and VI in the year 1975-76 and petitioners names remained in 1982, only in Zonc-II which demonstrates that the authorities did not give any consideration to maintain balanced cadre inspiie of the directions of this tribunal.
( 5 ) IT is needless to deal at length on merits as this Tribunal had and occasion to advert to this G. O. Ms. No. 245 which concerns these two petitioners as well, in RPs. 1380/86 and 4254/87 wherein it is held by a division Bench to which one of us was a party (Hon ble Shri R. K. A. Subrarmianya, who spoke for the Bench) has analysed very elaborately dealing with various aspects in detail. Therefore, it is needless to go through the exercise once again. But, however, certain of the observations made therein may be extracted hereunder :"on a further examination of the computer programmed analysis of the particulars of the candidates whose cases were reviewed for purpose of re-allotment it is seen that the major consideration has been to ensure maximum chances for promotion to the candidates concerned. The need for the composition of balanced local cadres with reference to age and seniority has been equated with the need to secure maximum promotional chances with l
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