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TMI Blog1990 (2) TMI 307X X X X Extracts X X X X X X X X Extracts X X X X ..... be a zone and the divisional seniority prepared by the department is bad in law. It was held by the Tribunal by order dated February 18, 1986, that the zonal seniority is the criteria. Though, for the administrative convenience a division consisting of the revenue districts of Adilabad and Karimnagar may be treated as one division and Warangal and Khammam as Warangal division may be carved out, for the purpose of promotion zonal seniority has to be maintained. Accordingly, the Tribunal allowed the Representation Petition. The Government of Andhra Pradesh in exercising its power under cl. (5) of Art. 371-D annulled that order which had given rise to filing of W.P. No. 998 of 1986 in this Court under Art. 32 of the Constitution. This Court declared cl. (5) of Art. 371-D of the Constitution as ultra vires violating the basic structure. The State Government filed S.L.P. No. 8868 of 1987 against order in R.P. No. 1615 of 1984 which was dismissed by this Court on December 7, 1987. Subsequently, the petitioners impleading the respondents Nos. 4 and 5 and the 6th respondent, G. Satya Rao, filed R.P. No. 2403 of 1987, which was dismissed by the Tribunal. The appellants filed Civil Appeal No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cal area in relation to local cadre thus: local area , in relation to any local cadre, means the local area specified in paragraph 6 for direct recruitment to posts in such local cadre, and includes, in respect of posts belonging to the category of Civil Assistant Surgeons, the local area specified in sub-paragraph (5) of paragraph 8 of this Order. Para 2(1)(e) defines local cadre : local cadre means any local cadre of posts under the State Government organised in pursuance of paragraph 3, or constituted otherwise, for any part of the State. Para 2(1)(m) defines zone : zone means a zone specified in the Second Schedule comprising the territories mentioned therein. Para 3(1) provides organisation of local cadres: The State Government shall, within a period of twelve months from the commencement of this Order, organise classes of posts in the civil services of, and classes of civil posts under, the State into different local cadres for different parts of the State to the extent, and in the manner, hereinafter provided. The proviso thereto was added and was published through G.O.Ms. No. 34G.A.(SPF. A.) Deptt. dated January 24, 1981, which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd transfer, and such other matters as may be specified by the State Government, in respect of that category of posts. (Other sub-paragraphs relate to transfer of persons and are not relevant for the purpose of this case. Hence omitted.). Paragraph 6 deals with local areas: (1) Each district shall be regarded as a local area-- (i) for direct recruitment to posts in any local cadre under the State Government comprising all or any of the posts in any department in that district belonging to the category of a lower division clerk or to any other category equivalent to or lower than that of a lower division clerk (Junior Assistant): (ii) for direct recruitment to posts in any local authority within that district, carrying a scale of pay, the minimum of which does not exceed the minimum of the scale of pay of a lower division clerk or a fixed pay not exceeding that amount. (2) Each zone shall be regarded as a local area--the details of which are not material. Hence omitted. (emphasis supplied) In the Table Local area and the ratio in the Schedule, the State of Andhra Pradesh was divided into seven zones and zone V consists of the revenue districts of Adilabad, Kar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tance, the unit of appointment of Upper Division Clerks (Senior Assistants) in the Commercial Taxes Department is the division in charge of Dy. Commissioner. In the case of such departments if it becomes necessary to alter the units of appointment in order to bring them into conformity with the Presidential Order, a corresponding adjustment in the territorial jurisdiction of the departmental authority may also become necessary and will have to be made ...... 6. Thus, it is seen that pursuant to the power given under cls. (1) (2) of Art. 371-D the President had issued the order organising local cadres and zone V consists of Adilabad, Warangal, Karimnagar and Khammam revenue districts. It is the local area for the local cadres. The post of the Junior Assistant is the district cadre post and the post of Senior Assistant and Assistant Commercial Taxes Officers, etc. are the zonal posts. The State Government is empowered under the Presidential Order to organise the local cadres within a period of twelve months from October 20, 1975. In pursuance thereof the State Government in Commercial Taxes Department issued order G.O.Ms. No. 581 dated May 24, 1976 organising zones for the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is no express prohibition in that regard in the order. The phrase or constituted otherwise engrafted in the definition of local cadre in paragraph 2(e) read with paragraph 3(7) gives ample power to the State Government to organise any local cadre within the zone for the Commercial Taxes Department. The action thus, taken by the State Government is clearly within its power. The contra finding recorded by the Tribunal is illegal. He placed strong reliance on a decision of a single member Tribunal made in R.P. No. 101 of 1982 and batch dated April 1, 1982. He further contended that in maintaining harmony in Centre-State relationship, the State Government shall continue to have its inherent power to organise its local cadre to meet the exigencies of its administrative needs. The prior approval or concurrence of the Central Government is redundant. We find no force in these contentions. It is already seen that in exercise of the power under paragraph 3(1) of the Order the State Government shall, within a period of twelve months from the date of the commencement of the Order, organise class or classes of posts in the civil services of, and class or classes of civil posts, under the Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to sub-paragraph (1) of paragraph 3, undoubtedly it contravened para 4 of the Order. 9. It is seen that the order was made pursuant to the power given to the President under Art. 371-D, which is a special provision made under the Constitution (Thirty-second Amendment) Act, 1973 peculiar to the State of Andhra Pradesh due to historical background. Therefore, the State Government have no inherent power in creating a zone or organising local cadre within the zones except-in accordance with the provisions made in the Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation for Direct Recruitment) Order. It is true that the clause or consti tuted otherwise defined in paragraph 2(e) is of wide import, but is only relatable to the power given by the President to the State Government to organise local cadre. Paragraph 3(1) is the source of that power, but the exercise thereof is hedged with a limitation of twelve months from the date of the commencement of the Order. Therefore, the power to organise class or classes of posts of civil services of, and class or classes of civil posts, under the State into different local cadres should be exercised by the State Gove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5, Sinha J., as he then was, speaking for the Constitution Bench interpreting Explanation (a) to s. 6 of Bombay Land Requisition Act, 1948, as amended in 1950 and repelling the application of ejusdem generis doctrine laid the law thus: The legislature has been cautious and thorough-going enough to bar all avenues of escape by using the words or otherwise . These words are not words of limitation but of extension so as to cover all possible ways in which a vacancy may occur. Generally speaking a tenancy is terminated by acts of parties or by operation of law or by eviction by the landlord or by assignment or transfer of the tenant s interest. But the legislature, when it used the words or otherwise , apparently intended to cover other cases which may not come within the meaning of the preceding clauses, for example a case where the tenant s occupation has ceased as a result of trespass by a third party. The legislature, in our opinion, intended to cover all possible cases of vacancy occurring due, to any reasons whatsoever. Thus, contextual interpretation to the word or otherwise was given by this Court. Therefore, the phrase constituted otherwise is to be understoo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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