(Per Ghulam Mohammed, J.)

This Writ Petition is filed assailing the legality and validity of the order dated 15.5.2002 passed by the Andhra pradesh Administrative Tribunal in O.A.No. 1397 of 1995.

O.A.No. 1397 of 1995 was filed alleging the action of the respondents in not selecting the applicant for the post of Deputy Tahsildar in Zone-I and selecting him for the post of Revenue Inspector in Zone-V even though he got more marks than other candidates.

Brief facts of the case are that the petitioner is presently working as a Panchayat Secretary at Gudivada Village, Bhogapuram Mandal, Vijayanagaram District. It is stated that earlier he was appointed as a Village Development Officer, Jonnada Group of Villages, Vijayanagaram District. In the year 1989 the petitioner appeared Group III examination conducted by the first respondent and he was selected as Village Development Officer and allotted to Vijayanagaram District, which is coming under Zone-I and the District Collector appointed him as Village Development Officer on 27.12.1989 and he joined the post of Village Development Officer on 6.1.1990. While so, in the year 1990 the Andhra Pradesh Public Service Commission issued a notification for Group II Selection and the petitioner applied and given preference for the post of Assistant Commercial Tax Officer, Deputy Tasildar, Municipal Commissioner, Sub-Registrar, Junior Employment Officer, and he appeared for written examination at Vizag center in the year 1991 and was called for interview held in the month of November 1992. After that the Andhra Pradesh Public Service Commission announced results for the Group II examination on 16.3.1995. It is stated that even though he secured 406.5 marks he was surprised to find that he was selected to the post of Revenue Inspector in Zone V and further three candidates belongs to SC community were given the post of Deputy Tasildar in Zone I. Being aggrieved by the same, he filed O.A.No. 1397 of 1995 and the Tribunal by an order dated 15.5.2002 dismissed the O.A.

Hence, the present Writ Petition has been filed.

The learned counsel appearing for the petitioner has drawn our attention to paragraph 5 of the Presidential Order (Local Cadres and Regulation of Direct Recruitment Order), which reads as under :

“Para 5. Local cadres and transfer of persons: (1) Each part of the State for which a local cadre has been organized in respect of any category of posts, shall be a separate unit for purposes of recruitment, appointment, discharge, seniority, promotion and transfer, and such other matters as may be specified by the State Government, in respect of that category of posts.

(2) Nothing in this Order shall prevent the State Government from making provision for –

(a) the transfer of a person from any local cadre to any Office or Establishment to which this Order does not apply, or vice-versa;

(b) the transfer of a person from a local cadre comprising posts in any Office or Establishment exercising territorial jurisdiction over a part of the State to any other local cadre comprising posts in such part, or vice-versa;

(c) the transfer of a person from one local cadre to another local cadre where no qualified or suitable person is available in the latter cadre on where such transfer is otherwise considered necessary in the public interest; and

(d) the transfer of a person from one local cadre to another local cadre on a reciprocal basis, subject to the condition that the person so transferred shall be assigned seniority in the latter cadre with reference to the date of his transfer to that cadre.”

Petitioner counsel further has drawn our attention to II Schedule of Civil Services in Andhra Pradesh relating to matters in respect of Recruitment and Regulation. 14-A of the Regulation reads as under:

“Regulation 14-A:- It shall be necessary for the Commission in the matter of recruitment to the posts and service to strictly adhere to wherever applicable the provisions contained:-

(i) in the Gener