S. PRAKASHA RAO AND ANR. versus COMMISSIONER OF COMMERCIAL TAXES AND ORS.

Citation: [1990] 1 S.C.R. 561 · Decided: 23-02-1990 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Dismissed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

~ 
S. PRAKASHA RAO AND ANR. 
v. 
A 
COMMISSIONER OF COMMERCIAL TAXES AND ORS. 
FEBRUARY 23, 1990 
~-
[RANGANATH MISRA, M.M. PUNCHHI AND 
B 
K. RAMASWAMY, JJ.] 
Constitution of India, Article 371-D/Andhra Pradesh Public 
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Employment (Organisation of Local Cadres and Regulation of Direct 
Recruitment) Order, 1975: Para 3(1), proviso and paras 3(7), 4 & 
5 ( i )-A. P. Commercial Taxes Department-Local Cadres of Junior c 
' 
Assistants and Senior Assistants organised for Waranga/ Zone for 
~ seniority and promotion-State Government subsequently creating divi-
sions within the zone and reallocating employees-Validity of. 
Article 371-D brought into the Constitution by Thirtysecond 
Amendment Act, 1973, with effect from July 1, 1974 empowered the 
D 
President in respect of the State of Andhra Pradesh by an Order ( 1) to 
' 
require the State Government to organise any class or classes of posts in 
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a civil service of, or any class or classes of civil posts under, the State 
into different local cadres for different parts of the State and allot the 
persons holding such posts to the local cadres, and (2) to specify any 
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part or parts of the State which shall he regarded as the local area for 
E 
direct recruitment to posts in any local cadre. 
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In exercise of the power so conferred the President issued the 
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Andhra Pradesh Public Employement (Organisation of Local Cadres 
• 
and Regulation of Direct Recruitment) Order, 1975 on October 18, 
' 
1975. Para 3(1) of the Order empowered the State Government to 
F 
organise the local cadre within a period of twelve months. The term 
'local cadre' was defined in para 2(1)(e) to mean any local cadre of posts 
under the State Government organised in pursuance of para 3, or con-
stituted otherwise, for any part of the State. The proviso added to para 
3(1) subsequently and published through G.O. Ms. No. 34 dated 
January 24, 1981, empowered the President, notwithstanding the expi-
G 
~ ration of the period of twelve months, to require the State Government, 
whenever he considered it expedient so to do, to organise local 
cadres for different parts of the State. Para 3(7) permitted the State 
Government to organise or to continue more than one cadre in respect 
of any category of posts in any department for any part of the State. 
Para 4 provided mode of allotment of employees to local cadres. Para 
H 
561 
562 
SUPREME COURT REPORTS 
[1990] I S.C.R. 
A 5(1) declared that each part of the State for which a local cadre has been """' 
organised, in respect of any category of posts, shall be a separate unit 
J 
for purposes of recruitment, appointment, discharge, seniority, promo-
tion and transfer. In the table in the schedule thereto the State was 
divided into seven zones and zone V consisted of the revenue districts of 
Adilabad, Karimnagar, Warangal and Khammam. Instructions were 
B issued for implementation of the Presidential Order through G.0.Ms. 
No. 728 dated November 1, 1975 in organising the local cadres. 
._;{ 
In pursuance of para 3( 1) of the Order the State Government in 
Commercial Taxes Department issued order G.O.Ms. No. 581 dated 
May 24, 1976 organising zones and the Warangal Zone consisted of 
.,_
C revenue districts of Adilabad, Karimnagar, Warangal and Kham-
mam, which was co-terminus with zone V of the Presidential Order. 
The Junior Assistant in each revenue district in Warangal zone was a 
~. 
separate district post, but for the purpose of promotion to the post of r 
Senior Assistants and Assistant Commercial Taxes Officers, which were 
zonal posts, common seniority of the Junior Assistants and Senior 
D Assistants working in all the four revenue districts was being main-
tained and promotion made in accordance with the rules. 
Subsequently, however, the State Government created separate ~ 
divisions within the zones in the Commercial Taxes Department 
through G.O.Ms. No. 1900 dated December 22, 1981 carving out 
E Adilabad and Karimnagar as Adilabad Division and Warangal and 
Khammam as Warangal Division. Options were called for and the 
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employees allotted in G.0.Ms. No. 1648 dated November 22, 1982 to 
the respective divisions. 
t 
Agrieved by the said order respondent Nos. 4 and S filed a petition 
F before the State Administrative Tribunal contending that for promotion 
from Senior Assistant to Assistant Commercial Taxes Officer zonal 
seniority of Warangal local area comprising of Warangal, Khammam, 
Karimnagar and Adilabad was the criter

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