GOVT. OF ANDHRA PRADESH AND ANR. versus B. SATYANARAYANARAO (DEAD) BY LRS. AND ORS. ETC. ETC.

Citation: [2000] 2 S.C.R. 1009 · Decided: 05-04-2000 · Supreme Court of India · Bench: V.N. KHARE, Y.K. SABHARWAL · Disposal: Appeal(s) allowed

Judgment (excerpt)

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GOVT. OF ANDHRA PRADESH AND ANR. 
v. 
B. SATYANARAYANARAO (DEAD) BY LRS. AND ORS. ETC. ETC. 
APRILS, 2000 
[V.N. KHARE AND Y.K. SABHARWAL, JJ.] 
Andhra Pradesh Transport Service Rules : Rule 3( a). 
Service Law-State of Andhra Pradesh-Department of Transport-
Post of Regional Transport Officer-Recruitment made inter-alia by transfer 
of Section Officers of the Secretariat and Superintendents of the Office of State 
Transport Authority-Validity of-Held recruitment was permissible under para 
5(2) of the Presidential Order-Government has power to a fill vacancy in a 
zone by transfer. 
Practice and procedure-Rule of per incuriam-Meaning and applica-
bility of-Contention that V. Sadanandam's case was rendered per incuriam-
Rejection of: 
Supreme Court Rules, 1966: Order 7 Rule 2. 
Judicial decision-Binding effect of-Decision by a two Judges Bench 
is binding on coordinate bench-Reference to a larger bench-Cannot· be 
done on mere asking of a party. 
State of A.P. v. V. Sadanandam, [1989] Supp. 1 SCC p. 576, applied. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No.883 of 1993. 
From the Judgment and Order dated 26.3.87 of the Andhra Pradesh 
Administrative Tribunal, Hyderabad in R.P. No. 1586 of 1986. 
K. Ram Kumar, G. Seshagiri Rao, H.S. Gururaja Rao, S. Muralidhar, L. 
Nageswara Rao and S. Udaya Kumar Sagar for the appearing parties. 
The following Order of the Court was delivered : 
Permission to file S.L.P. granted. Impleadment application allowed. 
Delay condoned. 
Leave granted. 
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SUPREME COURT REPORTS 
[2000] 2 S.C.R. 
The short question that arises in these appeals is whether the post of · 
Regional Transport Officer in the Department of Transport can be filled in by 
transfer of Section Officers of the Secretariat and Superintendents of the 
Office of the State Transport Authority. The recruitment to the posts of 
Regional Transport Officers are governed by the rules known as Andhra 
Pradesh Transport Services Rules framed under Article 309 of the Constitution 
(hereinafter referred to as 'the rules'). Rules 3(a) provides the method of 
recruitment to the post of Regional Transport Officer. Rule 3(a) reads as 
under: 
Category IV : Regional Transport Officer -
1. 
By direct recruitment 
2. 
By promotion from among Motor Vehicles Inspectors 
3. 
By recruitment by transfer from among : 
(i) 
Superintendents of the Office of the State Transport Au-
th01ity. 
(ii) Superintendents of the Sub-ordinate Offices; and 
(iii) Section Officers of the Secretariat except Law, Finance 
and Legislature Departments. 
Rule 3(a) further provides that the first vacancy in the post of Regional 
Transp01t is to go to the Motor Vehicle Inspector. The second vacancy is meant 
for Superintendents of the Office of the State Transport Authority. The third 
vacancy is to go to Motor Vehicles Inspectors. The fourth vacancy is 
earmarked for Section Officers of the Secretariat. Fifth vacancy is for 
Superintendents of sub-ordinate offices of the Multizone. Sixth vacancy is for 
Motor Vehicles Inspectors. Seventh vacancy is meant for Superintendents of 
sub-ordinate offices of the Multizone. It is against second and fourth vacan-
cies, the employees working as Superintendents in the Office of the State 
Transport Authority and as Section Officers in the Secretariat were appointed 
as Regional Transport Officers by transfer. The said appointments were 
challenged by the employees working in the office of the Regional Tr.ansport 
Otlices. 
The Andhra Pradesh Administrative Tribunal found that the appoint-
H 
ments of Superintendent in the office of State Transpoh Authority and Section 
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GOVT. OF A.P. v. B. SATYANARAYANA RAO 
1011 
Officers working in the Secretariat to the posts of Regional Transport Officers 
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are contrary to the Presidential Order of 1975. Consequentially, their appoint-
ments were set aside. It is against the said order and judgment the appointees 
whose appointments were set aside and State of Andhra Pradesh are in appeal 
before us. 
Learned counsel for the appellant urged that this matter stands 
concluded by a decision of this Court in the case of State of A.P. v .. V. 
Sadanandam, [1989] Supp. 1 SCC p.576 wherein it was held that overriding 
power has been given to the State Government under paragraph 5(2) of the 
Presidential Order in express te1ms in recognition of the principle that public 
interest and administrative exigencies has preced

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