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Issues involved: Interpretation of recruitment rules for the post of Regional Transport Officer in the Department of Transport.
Summary: The appeals questioned whether the post of Regional Transport Officer can be filled by transferring Section Officers and Superintendents. The recruitment rules, known as Andhra Pradesh Transport Services Rules, specify the methods of recruitment, including transfer from Superintendents and Section Officers. The appointments made under this rule were challenged, leading to the Andhra Pradesh Administrative Tribunal setting them aside. The appellants argued that the State Government has the power to transfer employees to fill vacancies as per the Presidential Order of 1975. The respondents contended that recruitment by transfer is not permitted under the Order. The Supreme Court rejected the arguments of the respondents, citing a previous decision that upheld the State Government's power to transfer employees to fill vacancies. The Court emphasized that the State Government's powers under the Order prioritize public interest and administrative exigencies over promotional interests. Therefore, the appeals were allowed, judgments and orders were set aside, and no costs were awarded.
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