LexGOVERNMENT OF ANDHRA PRADESH AND ANR. versus A. SURYANARAYANARAO AND ORS. ETC.
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/ GOVERNMENT OF ANDHRA PRADESH AND ANR. A v. _.} A. SURYANARAYANARAO AND ORS. ETC. SEPTEMBER 12, 1991 (S. ~TNAVEL PANDIAN AND KJAYACHANDRA REDDY, JJ.] B . Constitution of India, 1950: Atticle 371D-Object and scope of-ls- suance of Presidential Order 1975-Effect on A.P. Pan.chayati Raj En- .___,.- - gineering Service Rules, 1963-Rule 2A-Assistant Engineers (Deputy Executive Engineers )--4Vhether applicable for direct recrnf tment only or for c promotion also. Civil Services: A.P. Panchayati Raj Engineering Service Rules, 1963: Rule 2A-Promotion-Junior Engineer to Assistant Engineer-Whether to be made on the basis of zonal seniority or statewide seniority. Article 371D of the Constitution of India, which is peculiar to the D State of Andhra Pradesh only, empowers the President to provide by order ' for equitable opportunities and facilities for the people belonging to \. different parts of the State in the matters of public employment and education. As provided therein the President of India made the Andhra Pradesh Public Employment (Organisation of Local Cadres and E Regulation of Direct Recruitment) Orders, 1975, by virtue of which the State was divided into six zones, and local cadres of posts in respect ofthe local areas were created. In respect of Andhra Pradesh Panchayati Raj Engineering Service the two such zonal posts were Junior Engineer and ..,. Assistant Engineer. Before the Administrative Tribunal, some promotions i F made from Junior Engineer to Assistant Engineer were questioned, and the Tribunal held that promotions should be made on the basis of the Statewide list and directed the State Government to redetermine the position of the petitioners before it, in the seniority list. Aggrieved by the Tribunal's order, the State Government and the G affected officials have approached this Court by way of the present appeals -~ and special leave petitions. On behalf of the State Government, it was contended that both the posts of Junior Engineer and Assistant Engineer were zonal posts under the Presidential Order and the zonal seniority list had to be followed in the H 27 28 SUPREME COURT REPORTS (1991) SUPP. 1 $.C.R. A matter or promotions from Junior Engineer to Assistant Engineer and not the Statewide seniority list or Junior Engineers. 1-. On behalf or the Respondents it was contended that Article 3710 (2) or the Constitution refers only to direct recruitment and the Presidential Order made under the said Article cannot make a departure and cannot B be made applicable for promotions also. It was further contended that it is the Statewide list that should be the basis for promotion • . Disposing of these matters, this Court, HELD : 1. Notwithstandint; anything contained in the A.P. C Panchayati Raj Engineering Service Rules, 1963 the promotions have to be based on zonal list; otherwise the very object sought to be achieved as per Article 371D or the Constitution of India and the Presidential Order issued thereunder would be defeated. The word 'empfoyment' should be interpreted in a broad and general manner. The expression 'in the mat- ter of public employment' in clause (1) or Article 371D. is or wider import. D The public employment can be by Way or direct recruitment or by promo- tion. The Presidential Order would apply both for direct recruitment and for promotion in respect of categories specified in the Third Schedule. Article 3710 (2) does not make any departure from this principle. The words 'in particular, therein only lay emphasis on the aspect of creating local cadres for different parts of. the State for the purpose of direct E recruitment aild treat such parts as local areas. This does not in any manner restrict the scope of Article 3710 wherein it is clearly declared that in the matter of public employment, the President is empowered to make an order in the manner stated therein and the public employment cannot but be interpreted to include promotion also. It, therefore, emer- ges that Article 3710 is in general terms a~d applies to the public employ- F ment as whole and Article 3710(2) in particular applies to direct recruitment. It is only complementary to clause (1) and particularises the matters which an order made under clause (1) provides for. Any other interpretation would defeat the object underlying these two provisions. (42 D-H, 43 A] G . 171e General Manager, Southern Railway v. Rangachari, (1962) 2 SCR 586,
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