P.V. RADHA KRISHNA AND ORS. versus STATE OF A. P. AND ORS.

Citation: [2009] 15 S.C.R. 171 · Decided: 09-10-2009 · Supreme Court of India · Bench: B.N. AGRAWAL · Disposal: Appeal(s) allowed

Judgment (excerpt)

,. 
, 
-t 
[2009] 15 (ADDL.) S.C.R. 171 
·, 
P.V. RADHA KRISHNA AND ORS. 
A 
v. 
STATE OF A P. AND ORS. 
(Civil Appeal No. 5141 of 2002) 
.. 
OCTOBER 9, 2009 
B 
[B.N. AGRAWAL AND G.S. SINGHVI, JJ.] 
Service Law: 
_, 
Andhra Pradesh Employment (Organization of Local c 
_... 
Cadres and Regulation of Direct Recruitment) Order, 1975 -
Paras 3(6) and 14(f) - Division of State into five/six Divisions 
for providing· equitable employment opportunities for people 
of different areas - The Presidential Order of 1975 notifying 
different departments and categories of posts for creation of D 
~ 
separate cadres therefor - Post of police officer as defined 
in s. 3(b) of Hyderabad City Police Act, 1348 Fasli excluded' 
from the purview of Presidential Order - Transfer of police 
-
officials from Hyderabad City Police to other zonal cadres and 
vice versa, -set aside by judicial orders - Repatriation of the 
E 
police officials to their parent cadre by Government Order -
Challenge to Government Order set aside by Tribunal -
Allowed by High Court - On appeal, held: Order repatriating 
the police officials to their parent cadre was correct - Separate 
cadre was organized for the city of Hyderabad within meaning 
F 
of Para 3(6) - The exclusion clause contained in Para 14(f) 
... 
excludes applicability of the Presidential Order to the posts 
in question - Hyderabad City Police Act, 1348 Fasli - s. 3 
(b) - Constitution of India, 1950 - Articles 371-D and 371-E. 
On the backdrop of agitation demanding separate G 
statehood for Telangana area, a six point formula was 
evolved. The formula inter-alia provided for dividing the 
State as a whole in five/six divisions for equitable 
employment opportunities for people of different areas by 
171 
H 
172 SUPREME COURT REPORTS [2009) 15 (ADDL.) S.C.R. 
A ensuring preferential treatment to local candidates. Twin 
cities of ·Hyderabad and Secunderabad were to be 
constituted into a separate division. For giving effect to 
the six-point formula, Articles 371-D and 371-E were 
inserted in the Constitution of India. In exercise of power 
B under Article 371-0(1), President of India made Andhra 
Pradesh Employment (Organization of Local Cadres and 
Regulation of Direct Recruitment) Order, 1975 
(Presidential Order). In pursuance of Para 3(6) of the 
Presidential Order, Government of India issued 
c Notification, notifying the departments and categories of 
posts for which separate c~dres were required to be 
organized for the city of Hyderabad. The post of Police 
Officer as defined ins. 3(b) of Hyderabad City Police Act, 
1348 Fasli was excluded from the purview of the 
0 Presidential Order by virtue of Para 14(f) thereof. By the 
Government orders, viz.728 dated 01.11.1975 issued by 
Government of India, 729 and 730 dated 01.11.1975 issued 
by State Government, the posts of Police Officers were 
excluded from the purview of the Presidential Order. In 
the further Government Order No. 795 dated 30.06.1976 
E also, the post of Police Officer was specifically excluded. 
Thereafter, Andhra Pradesh Members of Police Force 
(Regulation of Transfers) Act 1985 was enacted. 
Before and after enactment of 1985 Act, transfer of 
F police officials from Hyderabad City Police to other 
districts and transfer of police officials from zonal cadres 
to Hyderabad City Police were set aside by different 
orders passed by the High Court and Tribunal. In view of 
these orders, State Government issued G.O.Ms. No. 349 
G Home (Police C) Department dated _15.12.1997 whereby, 
the private respondents (Police Inspector in Hyderabad 
City Police) were repatriated to their parent cadres in 
other police ranges. 
H 
The private respondents challenged the G.0.Ms. No. 
.:·· '~ 
r 
P.V. RADHA KRISHNA AND ORS. v. STATE OF A. P. 173 
AND ORS. 
,349_ The Tribunal dismissed the applications. The private 
A 
respondents filed writ petitions challenging the order of 
the Tribunal. High Court disposed of the same inter-alia 
holding that (i) No separate cadre has been organised for 
the City of Hyderabad within the meaning of para 3(6) of 
the Presidential Order; (ii) No recruitment to the post of B 
a police officer as defined in Sec. 3(b) of Hyderabad City 
Police Act 1348 Fasli has been made and there is thus 
factually no incumbent of the post of police officer under 
para 14(f) of the Presidential Order; (iii) Inspectors of 
Police workin-g in the Hyderabad City Police c 
establishments, either on .promotion to that post or 

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