R. Subhash Reddy, J.

Both the writ petitions are filed questioning the order, dated 29.04.2010, passed by the A.P. Administrative Tribunal, Hyderabad, in O.A.No.860 of 2009. W.P.No.13051 of 2010 is filed by the Andhra Pradesh Panchayat Raj Class-IV Employees Central Association, by obtaining leave of this Court, whereas, W.P.No.18722 of 2010 is filed by the Government through its Secretary (Services), General Administration Department.

2. As much as common questions of law arise for consideration on similar set of facts, both the writ petitions are heard together and are being disposed of by this common order. For the purpose of disposal, we refer to the facts as narrated in W.P.No.13051 of 2010 and refer to the parties as arrayed before the Tribunal.

3. Respondents 7 to 9 herein are applicants before the Tribunal. In the application in O.A.No.860 of 2009, they have challenged the orders of the Government in G.O.Ms.No.738, GAD, dated 22.12.2008, by which, amendments were made to Note (17) of Rule 3 of A.P. Ministerial Service Rules, 1998 framed in exercise of powers under proviso to Article 309 of Constitution of India. By impugned order, the Tribunal has allowed the O.A. filed by the applicants, with a direction to the official respondents in the O.A to consider the claim of applicants for promotion to the post of Junior Assistant as per the amendments made vide G.O.Ms.No.365, GAD, dated 17.08.2005.

4. The applicants are working as Record Assistants and their services are governed by A.P. State and Subordinate Services Rules, 1996. The posts of Attender/Office Subordinate and its equivalent cadres are governed by A.P. Last Grade Service Rules, 1992 and the post of Junior Assistant and its equivalent cadres are governed by A.P. Ministerial Service Rules, 1998. The only method of recruitment to the post of Record Assistant is by way of transfer from the post of Office Subordinate and its equivalent cadres. The applicants, who are working as Record Assistants, are eligible and qualified for promotion to the post of Junior Assistant. As per the A.P. Ministerial Service Rules, 1998, the posts of Junior Assistant and its equivalent cadres are to be filled up by way of promotion from the feeder category of Record Assistant and other equivalent cadres, Attenders and equivalent other cadres in the A.P. Last Grade Service in the ratio of 1:2:7 between Group-I, Group-II and Group-III in a unit of 10 vacancies. As per the amended rule, the post of Record Assistant is categorized under Group-II, whereas the posts of Attender and other equivalent cadres of A.P. Last Grade Service, are categorized under Group-III. In terms of the amended Rules, out of 10 vacancies of Junior Assistant, only 2 vacancies are meant for Record Assistant and other equivalent cadres and 7 vacancies are meant for inferior category posts of Attender and other equivalent cadres. Prior to making amendments to the A.P. Ministerial Service Rules, 1998 vide G.O.Ms.No.365, GAD, dated 17.08.2005, the aforesaid Rule was in force. In view of the representations made by the Service Associations, orders were issued amending the A.P. Ministerial Service Rules, 1998 vide G.O.Ms.No.365, GAD, dated 17.08.2005 by amending Note (17) of Rule 3 of the A.P.Ministerial Service Rules, 1998. In view of the said amendment, the posts of Junior Assistant in the cycle mentioned in Note (5) and Note (14) are being filled up from the feeder category of Record Assistant and equivalent cadres under A.P. General Subordinate Service Rules and in the event if qualified Record Assistants are not available, then only the Attenders/Office Subordinates and other equivalent categories in the A.P. Last Grade Service are being considered for promotion to the post of Junior Assistant/Typist etc. In terms of the amended Rules, a seniority list of Record Assistants was prepared and promotions are being effected to the post of Junior Assistant from the date of issuance of G.O.Ms.No.365, dated 17.08.2005.