In this batch of writ petitions filed under Article 226 of the Constitution, petitioners are questioning the judgment dated 23.04.2012 of a Full Bench of the Andhra Pradesh Administrative Tribunal, Hyderabad (Tribunal), dismissing O.A.No.3784 of 2007 and batch.

2. Petitioners in all these writ petitions applied for and were selected as non-locals for various categories of posts in various units of appointments or local cadres in different departments of State Government and local authorities which were organized under the Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975 (Presidential Order) issued under Article 371D of the Constitution. Subsequently all of them were transferred to their local cadres or local units on the ground that they were erroneously selected in vacancies meant for local candidates and consequently they were found to be non-locals selected in excess of the vacancies meant for Open Competition (OC) in various local cadres in which they were selected initially.

3. Petitioners questioned their transfers in the above OAs before the Tribunal on the ground that the Government are not competent to order their transfers as they are in violation of Presidential Order. The State Government have issued various GOs purporting to act under the Presidential Order and the impugned transfers were made pursuant to and under the said GOs and their validity was also questioned by the petitioners in the OAs. Having lost their case before the Tribunal, the petitioners are again before this court.

4. The various Government Orders or Proceedings issued by the State Government and which are questioned are G.O.Ms.No.610 General Administration (SPF.A) Department dated 30.12.1985 (G.O.Ms.No.610), G.O.Ms.No.674 General Administration (SPF.A) Department dated 07.09.2007 (G.O.Ms.No.674 of 2007), G.O.Ms.No.8 General Administration (SPF.A) Department dated 08.01.2002 (G.O.Ms.No.8), G.O.Ms.No.124 General Administration (SPF.A) Department dated 07.03.2002 (G.O.Ms.No.124) and G.O.Ms.No.2, General Administration (SPF.A) Department, dated 03.01.2002 (G.O.Ms.No.2). The impugned transfers purport to have been passed pursuant to the aforesaid GOs. The main controversy in the OAs and the writ petitions relate to the questions whether the aforesaid GOs are ultra vires the Presidential Order and Article 371D of the Constitution. The contention of the petitioners is that they are, whereas the stand of the Government is they are not.

5. Before we setout the circumstances which led to the issuance of impugned GOs, it must be mentioned here straightaway that the circumstances under which Article 371D came to be introduced in the Constitution by Constitution (Thirty-second Amendment) Act, 1973, are too well known to require any mention here. The Presidential Order came to be issued by the President of India under Article 371D w.e.f. 18.10.1975 and the said Presidential Order was re-published by the Government of Andhra Pradesh vide G.O.Ms.No.674, General Administration (SPF) Department dated 20.10.1975. The object of Article 371D and the Presidential Order was to set right the regional imbalances in the State of Andhra Pradesh in the matters of public employment, education and to give equal opportunities to people of all regions/local areas of the State in the above fields and bring about all-round development. The constitutional validity of the above provisions is not in issue in these writ petitions. The controversy in these writ petitions relates only to the validity of G.O.Ms.Nos.610 and 674 of 2007. As the two GOs are in substance again based on G.O.Ms.Nos.8 and 124 and G.O.Ms.No.2 their validity has also to be considered as they are also questioned by the petitioners.

6. G.O.Ms.Nos.610 and 674 of 2007 read as follows.

G.O.Ms.No.610

“GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

SIX POINT FORMULA – Andhra Pradesh Public Employment (Organisation of Local Cadres & Regualtionof Dir