9911796707
TMI Blog2000 (4) TMI 818X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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-thority. (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [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 terms in recognition of the principle that public interest and administrative exigencies has precedence over the promotional interest of the members of the local cadres and zones and therefore, the State Government by order of transfer can fill the vacancies on the posts in different zones, as contemplated under the Rules. Learned counsel for the respondent attempted to convince us that the decision in the case of State of A.P. v. V. Sadanandam (supra) has to be ignored on the principle of per incurium as certain relevant provisions of the Rules were not considered in the said c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we must point out that the Tribunal has failed to construe para 5(2) of the Presidential Order in its proper perspective and give full effect to the powers conferred thereunder on the State Government to make provisions contrary to the scheme of local cadres prescribed under para 5(1). The words of sub-para (2) of para 5 viz. 'nothing in this order shall prevent the State Government from making provision for' sets out the overriding powers given to the State Government under sub-para. Such overriding powers have been given to the State Government in express terms in recog-nition of the principle that public interest and administrative exigencies have precedence over the promotional interests of the members belonging to local cadres ..... X X X X Extracts X X X X X X X X Extracts X X X X
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