# t [2009] 15 (ADDL.) S.C.R. 171 ·, P.V. RADHA KRISHNA AND ORS v. STATE OF A P. AND ORS

- **Citation:** [2009] 15 S.C.R. 171
- **Court:** Supreme Court of India
- **Decided:** 2009-10-09
- **Case number:** Civil Appeal No. 5141 of 2002
- **Bench:** B.N. Agrawal, G.S. Singhvi
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/t-2009-15-addl-s-c-r-171-p-v-radha-krishna-and-ors-v-state-of-a-p-and-ors-25227
- **Pages:** 51

## Headnote

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

## Text

_Characters 0–39,907 of 92,566. This is a partial read: ask again with offset=39907 for what follows._

,.
,
-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 by
direct recruitment, must be considered as be1onging to
Zone VI in the zonal cadre. Hence. the firesent appeals.
Allowing the appeals, the Court
HELD: 1. The conclusions recorded by the Full
Bench of the High Court that no separate cadre has been
organized for the city of Hyderabad within the meaning
D
of paragraph 3(6) of the Presidential Order; that no
recruitment to the post of Police Officer as defined in
E
Section 3(b) of the Hyderabad Act has been made and
there is factually no incumbent of the post of Police Officer
under paragraph 14(f) of the Presidential Order and that
the Inspectors of Police working in the Hyderabad City
Police establishment either on promotion to that post or
F
by direct recruitment must be considered as belonging
to lone VI in the zonal cadre cannot be sustained and
are liable to be set aside. [Para 32] [220-G-H; 221-A-B]
2. Presidential Order, i.e. Andhra Pradesh
employment (Organ~ation of Local Cadres and
G
Regulation of Direct Recruitment) Order, 1975, was issued
for providing equitable opportunities and facilities for the
people belonging to different parts of the State in the
matters of public employment and education and by
H
174
SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R.
A virtue of clause (10) of Article 3710, overriding effect has
been given to the Presidential Order qua other
constitutional and statutory provisions. For achieving the
objective set out in clause (1) of Article 3710, provisions
have been made in the Presidential Order for localization/
B zonalization of cadres and giving preference to the
candidates belonging to the particular local area. [Para
28] [216-E-G]
3. Two exceptions have been carved out in the
;-
c Presidential Order in respect of certain categories of
posts for the city of Hyderabad. One such exception is
discernible from the language of paragraphs 3(6) and 6(3).
The other exception is in the form of exclusion clause
contained in paragraph 14(f) which operates on its own
D
and does not depend on the issue of Notification by the
Central Government. By virtue of that paragraph, the
provisions contained in the Presidential Order have been
~
made inapplicable to the specified posts, which include
any post of Police Officer as defined in clause (b) of
Section 3 of the Hyderabad Act. This was made more
~~
E explicit by paragraph 8 of G.O.P. No.728 dated 1.11.1975
'"'
issued by the Government of India, paragraphs 5 and/21
'.._
of G.O. Ms. No.729 dated 1.11.1975 and paragraph 2 of
G.O. Ms. No.730 of the same date (both issued by the
·Government of Andhra Pradesh). When G.O. Ms. No.795
F dated 30.6.1976 was issued incorporating therein the
scheme for organization of focal cadres for non .. gazetted
categories of posts (both Executive and Ministerial) ahd
other posts equivalent to or lower than Lower Oivisio:i
Clerk, the post of Police Officer as defined in clause (b)
G of Section 3 of the Hyderabad Act was specifically
excluded. In paragraph 16 of G.O. Ms. No.795, it was
made clear that as no separate cadre for the city of
._
Hyderabad needs to be organized for the police
department and only ministerial staff of the office of
H Commissioner of Police will be included in Zone VI. The
-c:
i .
P.V. RADHA KRISHNA AND ORS. v. STATE OF A P. 175
AND ORS.
~ .
posts of the Police Officers of Hyderabad City were not
A
shown in the cadre strength of the localized cadres
contained in Annexures IV, V, XII and XIII appended to
G.O. Ms. No.795. This was so because there was no
localization of Hyderabad City Police cadres. This was
-
also the reason why a separate range i.e., City Range was
B
created for Hyderabad, Secunderabad and other areas
mentioned in First Schedule to the Presidential Order.
-;
[Para 28) [217-8, F-H; 218-A-E]
4. The localization/zonalization of subordinate
cadres in the police department was effected for six c
zones/ranges but the same was not applicable to
Hyderabad City Police. If this was not so, there was no
reason to exclude posts earmarked for Hyderabad City
from the statement of cadre strength of localized cadres
enumerated in various Annexures appended to G.O. Ms.
D
No.795 dated 30.6.1976. The object of exclusion of
certain posts from the purview of the Presidential Order
and consequently from the scheme of localization/
zonalization required to be undertaken in terms of
paragraphs 3 and 6 thereof was to make recruitment
E
against such posts open for all without giving any
preference to any local candidate. The reason why
special status was given to the posts located in the
specified departments of Hyderabad City, which is capital
of the State, was that there should be no monopoly of F
candidates belonging to any particular area of the State
in the matter of recruitment etc. against those posts and
all eligible candidates must get opportunity to compete
-4
for selection and appointment. [Para 29] [218-F-H; 219-AJ
B]
G
5. After promulgation of the Presidential Order,
Hyderabad City has throughout been treated as an
indep~ndent zone or free zone till the impugned
judgment was pronounced and recruitment to the post
of Police Officer as defined in Section 3(b) of the
H
176 SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R.
A Hyderabad Act was made separately. This was the
categorical stand taken by the official respondents before
the Tribunal while contesting the O.A. of the private
respondents. It was specifically averred on behalf of the
State that vacancies in respect of posts of Hyderabad City
s Police are notified separately and selections/
appointments to the posts of Sub-Inspectors of Police,
Civil and Reserve Sub-Inspector, CAR and Police
Constables of both Civil and CAR to the extent of
vacancies are conducted separately and all six zones and
c Hyderabad City Police are separate zones for all service
matters i.e., appointments, promotions, etc. and
Hyderabad City Police is not part and parcel of Zone VI.
The contra stand taken in the counter affidavits filed
before this Court is inexplicable and is liable to be
0 discarded. [Para 30] [219-B-F]
6. Tpe observations of the Full Bench of High Court
that no separate cadre has been organized and no Police
Officer has been appointed under the Hyderabad Act is
based on the premise that in the advertisement issued for
E recruitment of Police Officers and appointment orders of
the appellants and other similarly situated persons,
reference has not been made to Hyderabad Act. While
doing so, the Full Bench omitted to take note of the fact
that in terms of Section 7 of the Hyderabad Act, powers
F to appoint and promote Inspector, Sub-Inspector and
' t
~
I
. .
other subordinates of the police force vests in the
~
Commissioner of City Police Hyderabad and the saiu/
Section finds specific mention in the preamble tr- che
Special Rules framed in 1959. Rule 3 of those Rules
"
G clearly lays down that as far as Hyderabad City Police is
concerned, the Commissioner of Police shall be the
t
appointing authority of Sub-Inspectors of Police etc. and
__ ......
by virtue of Jhat power, the Commissioner of Police,~
.
Hyderabad has been making appointments on various
H subordinate posts including those of Sub-Inspectors. In
P.V. RADHA KRISHNA AND ORS. v. STATE OF A. P. 177
AND ORS.
the advertisement of 1985 pursuant to which the
A
appellants were appointed as Sub-Inspectors, 93 posts
were separately earmarked for Hyderabad City which, for
the sake of convenience, was described as Zone VII or
free zone. Even in the subsequent advertisements issued
in 1991 and 1994, the vacancies of Sub-Inspectors were
B
separately earmarked for Hyderabad City Police Range.
The orders of appointment of the appellants were issued
by the Commissioner of Police. This shows that a
separate cadre has been carved out for Hyderabad City
Police and recruitment to the post of Police Officer as c
defined in Section 3(b) of the Hyderabad Act has been
made by the designated competent authority in terms of
Section 7 thereof. Therefore, the Full Bench was not
justified in curtailing the width and scop_e of the exclusion
clause contained in paragraph 14(f) of the Presidential
D
Order by holding that there is no separate cadre of
Hyderabad City Police and there is no incumbent of the
post of Police Officers as defined in Section 3(b) of the
Hyderabad Act. [Para 31] (219-G-H; 220-A-G]
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos.
E
5141 of 2002.
From the Judgment & Order dated 23.11.2001 of the High
Court of Judicature of Andhra Pradesh at Hyderabad in Writ
Petition No. 13572 of 2001.
F
WITH
C.A. Nos. : 5144, 5142 of 2002 and 2695 of 2003.
L.N. Rao, Anoop G. Choudhari, G. Ramakrishna Prasad,
G
Suyodhan Byrapaneni, Siddharth Patnaik, Narendra Kumar,
_.
M.K. Sinha, T. Anamika, T.N. Rao, Manoj Saxena (for T.V.
George) K. Radha Rani (for D. Mahesh Babu),· C.S.N. Mohan
Rao, for the appearing parties.
.~
The Judgment of the Court was delivered by
H
' -\
.
178
SUPREME COURT ,REPORTS [2009] 15 (ADDL.) s~c.R.
A
G.S. SINGHVI, J. 1. The State o.f' Andhra 8.radesh
comprises of three regions known as Andhra area, Telahgana
area and Raylaseema area. At the time of formation ~f the
State in 1956, certain safeguards were envisaged for
Telangana area in the matters of dev~opment, employment
B opportunities and educational facilities for the residents of that
area. The legislature enacted the Public Employment
(Requirement as to Residence) Act, 1957 for providing
employment opportunities for the residents of Telangana area
but the relevant provisions of that Act were declared
c unconstitutional by this Court. In 1969, an agitation was
launched by some political parties demanding separate
· statehood for Telangana area on the ground that people of that
·area were not getting their due in the matters of education,
government employment and economic development. In the
0
backdrop of the agitation, a six-point formula was evolved which,
among other things, envisaged equitable employment
opportunities and career prospects for the people of different
areas of the State by ensuring preferential treatment to the local
candidates. Subsequently, clarification dated 22.10.1973 was
issued in which it was visualized that the State as a whole may
E consist of five or six divisions and the twin cities of Hyderabad
and Secunderabad including the cantonment will be constituted
into a separate division. This is evident from paragraph 7 of
the cbrification, which reads as under:
F
G
H
"7. In regard to the service the basic approach of the
formula is that the people of different areas should have
equitable employment and career prospects. The
concepts ::if local candidates and local areas are
interrelated because local candidates will be identified
with referen'e to a local area. In specifying any local areas
it should not be necessary to go below the level of district. .
For recruitment of Class IV posts and posts of LDC and
equivalent in district office, the district will then be the local
area. For other categories of posts it would' be desirable
to group contiguous districts into divisions. We, however,
... _
I~
t
.~
P.V. RADHA KRISHNA AND ORS. v. STATE OF AP. 179
AND ORS. [G.S. SINGHVI, J.]
visualize that the State as a whole may consist of five or A
six divisions, the twin cities including the .cantonment
being constituted into a separate division."
(emphasis added)
2. For giving effect to the six-point formula, Articles 371 D
B
and 371 E were inserted in the Constitution by the Constitution
(Thirty-second Amendment) Act, 1973. Clauses (1) and (10) of
. .
Article 371 D read· as under:
(1) The President may, by order made with respect to the c
State of Andhra Pradesh provide, having regard to the
'
requirements of the State as a whole, for equitable
opportunities and facilities for the people belonging to
different parts of the State, in the matter of public
employment and in the matter of education, and different
D
provisions may be made for various parts of the State.
(10) The provisions of this article and of any order made
by the President thereunder shall have effect
notwithstanding anything in any other provision of this
Constitution or in any other law for the time being in force.
E
3. In exercise of power under clause (1) of Article 371 D,
fhe President made the Andhra Pradesh Employment
(Organization of Local Cadres and Regulation of Direct
Recruitment) Order, 1975 (hereinafter referred to as 'the
Presidential Order'). The relevant provisions of the Presidential
Order, as amended from time to time, read as under:-
"2. INTERPRETATION: In this Order, unless the context
otherwise requi'res.
·"
(a)
'City of Hyderabad' means the part of the State
comprising the territories specified in the First
Schedule;
(b)
xxxx
xxxx
xxxx
F
G
H
A
B
180 SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R.
(c)
'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 (6) of
this Order;
'( d) to (g) xxxx
xxxx
xxxx
(h)
'Schedule' means a Schedule appended to this
C
Order;
D
E
F
G
H
(i)
·Special Office or Establishment' means as Office
or Establishment notified as such by the Central
\ Government;
(j)
·Specified gazetted category' means any gazetted
category specified in the Third Schedule and
includesany other gazetted category notified as
such by CentralGovernment;
(I) , 'State-level office or institution' means as office or
·institution serving, or the jurisdiction of which
extends to the State as a whole and notified as
such by the Central Government;
(m)
'Zone' means a zorie specified in the Second
S~h~dule comprising the territories mentioned
therAin;
3. Organization of local Cadres:- (1) xxx
xxx
xxx
(2) The post::; belonging to the category of lower division
clerk and each of the other categories equivalent to or
lower than that of a lower division clerk in each department
in each district shall be organized into separate cadre.
Explanation:- For the purposes of this sub-paragraph, sub-
P.V. RADHA KRISHNA AND ORS. v. STATE OF A.P. 181
AND ORS. [G.S. SINGHVI, J.]
paragraph-(1) of paragraph 6 and sub-paragraph (1) of A
paragraph 8 a category shall be deemed to be equivalent
to or lower than that of a lower division clerk if the minimum
of the scale of pay of a post belonging to that category or
where the post carries a fixed pay such fixed pay is equal
to or lower than the minimum of the scale of pay of a lower 8
division clerk.
(3) The posts belonging to each non-gazetted category,
other than those referred to in sub-paragraph (2), in each
department in each zone shall be organized into a c
separate cadre.
(4) The posts belonging to each specified gazetted
category in each department in each zone shall be
organized into a separate cadre.
D
(5) Notwithstanding anything contained in sub-paragraphs
(3) and (4), the State Government may where it considers
it expedient so to do and with the approval of the Central
Government, organize the posts belonging to any of the
categories referred to therein, in any department, or any
E
establishment thereof, in two or more contiguous zones
into a single cadre .
•
(6) Notwithstanding anything contained in sub-paragraphs
(2), (3), (4) and (5), the Central Government may notify the
departments in which and the categories of posts for which
F
a separate cadre has to be organized for the City of
Hyderabad and on such notification, the posts belonging
to each such category in each such department in the said
City (other than those concerned with the administration
of areas falling outside the said City) shall be organized G
into a s~parate cadre and the posts so organized shall be
excluded from the other cadres, in pursuance of this
paragraph or constituted otherwise and comprising of
posts belonging to that categc:y in that department.
H
182
SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R.
A
5. Local Cadres and Transfer of Persons:~
(1) Each part of the State, for which a local cadre has been
organized in respect of any category of posts, shall be a
separate unit for purposes of recruitment, appointment,
B
discharge, seniority, promotion and transfer, and such
!--
other matters as may be specified by the State
Government in respect of that category of posts.
(2) Nothing in this order shall prevent the State Government
t
from making provision for
c
(a). the transfer of a person from any local cadre to. any
Office or Establishment to which this Order does not apply,
or Vice Versa.
D
(b) The transfer of a person from local cadre comprising
posts in any Office or Establishment exercising territorial
jurisdiction over a part of the State to any other local cadre
comprising posts in such part, or Vice Versa.
(c) The transfer of a person from one local cadre to another
E
local cadre where no qualified or suitable perso.n is
available in the latter cadre for where such transfer is
otherwise considered necessary in the Public interest.
•
(d) The transfer of a person from one local cadre to another
F
local cadre on a reciprocal basis subject to the condition
that the persons so transferred shall be assigned seniority
in the latter cadre with reference to the date of his transfer
to that cadre.
(Vide G.O.Ms. No. 34, G.A. (SPF.A) Dept, dt. 24.01.1981)
-
G
6. Local Areas:- (1) Each district shall be regarded as a
local area.
(i) for direct recruitment to posts in any local cadre
H
under the State Government comprising all or any
'
P.V. RADHA KRISHNA AND ORS. v. STATE OF A.P.
183
AND ORS. [G.S. SINGHVI, J.]
of the posts in any department in that district
A
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.
(ii) For direct recruitment to posts in any cadre
8
under 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.
(i) for direct recruitment to posts in any local cadre
under the State Government comprising all or any
c
of the posts in any department in that zone
0
belonging to any non-gazetted category other than
those referred to in sub-paragraph (1)
(ii) for direct recruitment to posts in any local cadre
comprising all or any of the post in any department
in that zone belonging to the categories of E
Tahsildars, Asstt. Executive Engineers, Assistant
Agricultural Officers, Inspectors of Police and Motor
Vehicles Inspectors (Vide G.0.Ms. No. 498, dated
16.7.1977 G.0.Ms. No. 34, dt. 24.01.1981 and
G.O.Ms.
No.
635,
(SPF.A) Dept. dated
F
30.11.1993).
(iii) for direct recruitment to posts in any cadre under
any local authority within that zone, carrying a scale
of pay, the minimum of which exceeds the clerk but
G
does not exceed Rs.480/- per mensem or a fixed
pay which exceeds the minimum of the scale of pay
of a lower division clerk but does not exceed
Rs.480/- per mensem or any amount corresponding
to it as may be specitied in this regard in the
H
184 SUPREME COURT REPORTS (2009] 15 (ADDL.) S.C.R.
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B
successive revisions of pay scales granted by the
State Government from time to time. (G.O.Ms. No.
635, G.A. (SFF.A) Dept. dated 30.11.1993).
Provided that where a single cadre has been
organized for two or more zones under subparagraph (5) of paragraph 3 of posts belonging to
any of the categories referred to in clause (i) or
clause (ii) each of such zones shall be regarded as
separate local area in respect of such cadre.
C
(3) Notwithstanding anything contained in sub-paragraphs
(1) and (2)
(i) the City of Hyderabad shall be regarded as a
local area for direct recruitment to posts in any local
D
cadre under the State Government comprising all
or any of the Posts in the said City in the
departments and belonging to the categories
notified under Sub-paragraph (6) of paragraph 3
and the said City shall be excluded from the local
area relatable to any other local cadre comprising
E
posts in the departments anq belonging to the
categories so notified, and
(ii) the City of Hyderabad shall be regarded as a
local area for direct recruitment to posts in any
F
cadre under a local authority within the said City
comprising posts carrying a scale of pay the
minimum of which does not exceed Rs.480/- per
mensum or any amount corresponding to it as may
be specified in this regard in the successive
G
revisions of pay scales granted by the State
Government from time to time or a fixed pay not
exceeding that amount, and the said City shall be
excluded from the local area relatable to any cadre
under any local authority not within the said City.
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P.V. RADHA KRISHNA AND ORS. v. STATE OF A.P. 185
AND ORS. [G.S. SINGHVI, J.]
(G.O.Ms. No. 635, G.A. (SPF.A) Dept. dated
A
30.11.1993).
10. Power to Authorise issue of Directions:- (1) The
President, may, by order, require the State Government to
issue such directions as may be necessary or expedient
B
for the purpose of giving effect to this Order to any local
authority and such local authority shall comply with such ·
directions .
(2) The State Government may, for the purpose of issuing c
any direction under sub-paragraph (1) or for satisfying itself
that any directions issued under sub-paragraph (1) have
been complied with require by order in writing any local
authority to furnish them such information, report of
particulars as may be specified in the order and such local
authority shall comply with such order.
D
11. Order to have-over-riding effect:- The provision of this
order shall have effect notwithstanding anything contained
in any Statute, Ordinance, rule, regulation or other order
made before or after the commencement of this Order in
E
respect of direct recruitment to posts under the State
Government or any local authority.
14. Saving:- Nothing in this Order shall apply to:-
(a)
(b)
any post in the Secretariat of the State Government,
F
any post in an office of the Head of a Deptt.,
(c)
(d)
(e)
any post in a Special Office or Establishment.
any post in a State-level office or Institution.
G
any post other than a post belonging to any of the
non-gazetted categorie$ in the ministerial and
technical services in a Major Development Project;
(G.0.Ms. No. 455, G.A. (SPF.A) Dept., dated
H
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1--
186
SUPREME COURT REPORTS [2009) 15 (ADDL.) S.C.R.
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3.10.1985 and
/'r.
(f)
any post Police Officer as defined in clause (b) of
Section 3 of the Hyderabad City Police Act, 1348
F.
B
THE FIRST SCHEDULE
[See paragraph 2(1 )(a) City of Hyderabad]
(a)
Hyderabad Municipal
·i,..-
Corporation area:
c
(i)
Hyderabad
Division
(ii)
Secunderabad
Division
(b)
Secunderabad
'"'
D
Cantonment area
....
(c) ..
Osmania University Campus--
(d)
Zamistanpur Village
(e)
Fatehnagar
Panchayat area
(f)
Bowenpalle
Panchayat area
E
(g)
Machabolaram
Panchayat area
(h)
Lalaguda Village
I
Village
(i)
Malkajgiri
Panchayat area
0)
Uppal Khalsa.
Panchayat area
.... ..,.
(k)
Alwal
Panchayat area
F
(I)
Balanagar
Panchayat area
(m)
Musa pet
Panchayat area
(n)
Kukatpalli
Panchayat area
''°0
THE SECOND SCHEDULE
G
[See paragraphs 2(1)(m) and 8(4)]
ZONES
RATIO
·"'
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Zone I
Srikakulam, Vizianagaram (1st
12
day of June, ·1979)
Visakhapatnam Districts.
·' 'ii
H
t
L_
-·~
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P.V. RADHA KRISHNA AND ORS. v. STATE OF AP. 187
AND ORS. [G.S. SINGHVI, J.]
Zone II
East Godavari, West Godavari
and Krishna Districts.
18
Zone Ill Guntur, Prakasam and Nellore
15
Districts.
Zone IV Chittoor, Cuddapah, Ananthapur
18
and Kurnool Districts.
Zone V Adilabad, Karimnagar,
15
Warangal and Khammam Districts.
Zone VI Hyderabad, Rangareddy (15th
August, 1978), Nizamabad,
Mahboobnagar, Medak and
Nalgonda Districts.
22
4. In pursuance of paragraph 3(6) of the Presidential Order,
the Government of India issued notification, GSR No.528E
dated 20.10.1975 and notified the departments in which and
categories of posts for which separate cadres were requirec:t
A
8
c
D
to be organized for the city of Hyderabad. These were the
E
Department of Public Health and Municipal Engineering, Indian
Medicines and Homeopathy, Fire Services, Jail, Judiciary,
Commercial Tax, Education, Employment and Training
Development (Training Wing), National Cadet Corps, Technical
Education, Weights and Measures, Labour, Treasuries and
Accounts. The post of Police Officer as defined in Section 3(b)
F
of the Hyderabad City Police Act 1348 Fasli (for short 'the
Hyderabad Act') was not included in that notification because
the same had been excluded from the purview of the
Presidential Order by virtue of paragraph 14(f) thereof.
G
Thereafter, the Government of India issued instructions vide
order dated 1.11.1975 for organization of the local cadres and
allotment of persons to such cadres. Paragraph 8 of that order
by which certain departments and posts were excluded from
its purview reads thus:-
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188 SUPREME COURT REPORTS (2009] 15 (ADDL.) S.C.R.
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8. Departments and posts excluded from the purview of
the Order- It should be carefully noted that certain posts
i'rare altogether excluded from the application of the
provisions of the Presidential Order. By virtue of
paragraph 14 of the Order, posts in the Secretariat,
B
Offices of the Heads of Departments, State level Offices/
Institutions, Major Development Projects and Special
Offices or establishments and posts of Police Officers as
defined in clause (b) of Section 3 of the Hyderabad City
Police Act, (1348 F) are excluded. The lists of State Level
•
v
c
Offices/Institutions, Major Development Projects and
Special Offices/establishments have been notified in G.0.1.
notification G.S.R. Nos.527(E), 525 (E) and 526 (E)
respectively, dated 18th October, 1975. As already
indicated, non-gazetted categories of posts exempted by
D
the notification G.S.R. No.529(E), dated 18th October,
1975 issued under paragraph 3(8) of the order are also
"
excluded from. the local cadres. Therefore, departments
which consist exclusively of posts of the nature or belongs
to categories referred to above automatically get excluded
E
from the scheme of localization. The departments lists in
the Annexure to this order will be covered by the scheme.
(emphasis supplied)
5. On the same day i.e., 1.11.1975, the Government of
· .. ~
F Andhra Pradesh issued G.O. Nos.729 and 730. In G.O. No.729,
it was emphasized that the main purpose of the Presidential
Order was to ensure that major share of vacancies arising in
certain categories of posts should be reserved for being ·filled
from among the local candidates. However, in paragraphs 5
'
,,•
and 21 it was made clear that reservation in the matter of direct
....,_
G recruitment in favour of local candidates do not apply to the
posts specified in paragraph 14(f) of the Presidential Order.
For the sake of convenience, these paragraphs are extracted
below:
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P~V. RADHA KRISHNA AND ORS. v. STATE OF A.P. 189
AND ORS. [G.S. SINGHVI, J.]
'
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"5. The provisions, of order regarding:reservations in the
A
matter of direct recruitment in favour of local candidates
do not, however; apply to the posts specified in para 14
of the Order, viz., posts in the Secretariat in the offices of
'
I~ the Head of Departments, in' th'e1l sp'ecial Offices/
Establishments ncitfffed· by the Central G'overnm'ent in
B
G.S.R. No.526(E), ,c;iated 18.10.1975, in Jhe .State Level
'~ ·, Offi~es/1n's!itutions· notified by.the 'cerifrai.Government in
·
·G:·sJ~., No.527(E)·, · dateq -1J3.10.1975, .in the Major
Development P'rojects notified by the Centr~I Government
.in G.s.R.' No.525(E) datedJ8.10J9i5 and posts of police c
, I OffiCefS as defined in C/aLJSe, (b) ·;Of SeCffCJn,, 3 Of fhe
, Hydera,bad Ci~y Police Act, 13~8, Fasli.
, ! •
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,
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.
21. Recruitment of-posts in Secretariat. Offices of Heads
. '
9tDepartments:;etc:c::.. -As indicated earlier the scheme of , I
' .reservation in·favour of local candidates~ wili nbt1apply to
D
posts in 1the ~ecretariat,"office b( Heads of' Department,
". -:-and State-1.!evel 6ffi'ces/inst1t
1Utidns notified' In G:s.R.
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No.527(E), dated 18.10.1975. Direct recruitmenno fill
posts in these offices will be on a state wide basis. The
. scheme of reservation in favour of local candidates will not
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also apply to the. posts in spec!~I, ,s>ffic.es/establishm~nt~
notified in G.S.R. No.526(E), dated. 18.10.1975. It is the
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.
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..
. ''
Governments intention that such offices and establishments
should as far as possible cease to be separ~te- units oi
appointment and that posts in su.ch offices. and
F
establishment shot.!ld not ordinarily be" filleq. by ~irect.
recruitment, but by ,drawing persons on tenure. from
differeni'locaf cadres:o·n an equitable basis. The scherr{e'
. '
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of reservation. does not apply to posts. in; Major, -
. ' .
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Development .Projects notified in G.S.R. No.525(E), .dated
G
18.10.1975. Here also it is the intention of the State
Government that the ~qsts in such projects should be
largely filled by drawing persons on transfer or t.enure
I
J
•
-
equitably from different local cadres. Where however, any
H
190
SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R.
~
A
direct recruitment becomes essential it will be done on a
r
state wide basis."
)r r'."""
(emphasis supplied)
B
6. In paragraph 2 of G.O. Ms. No.730, the aforesaid
provision was reiterated in the following words:
,,
"2. The Presidential Order requires that certain categories
of posts shall be organized into appropriate local cadres.
These include all non-Gazetted categories of [posts other
•
"
.. ~
c
than those exempted by virtue of the notification issued
under para-3(8) of the Order - vide Government of India,
Ministry of Home Affairs, GSR 529(E), dated 18.10.1975]
and the posts belonging to the specified gazetted
categories: however, the posts for which the unit of
D
appointment is confined to the Secretariat and the Offices
of the Heads of Departments, State level Offices/
y
Institutions, Special Offices/Establishments and Major
Development Projects and posts of Police Officers as
defined in the Hyderabad City Police Act, 1348 F, are
excluded ..... "
E
~T
7. After about seven months, the State Government issued
G.O. Ms. No. 795 dated 30.6.1976 whereby scheme for
. ...,
'· ~~
organization of_ local cadres for the non-gazetted categories of
.. ~ ·
.. ,.'
posts (both Executive and. Ministerial) and other posts
...
F equivalent to or lower than LDCs was formulated and
,.~}~
circulated. The said scheme was finalized in consultation with
·. ~'/
the Allotment Committee constituted under G.O. Ms. No.7A
dated 15.11.1995. As far as the police department is
~·-sf:-
concerned, the scheme of organization of local cadres excluded
G some of the offices and posts including the post of Police Officer
as defined in clause (b) of Section 3 of the Hyderabad Act.
While creating new Police Ranges vide G.O. Ms. No.1697
dated 10.12.1975, which were 'shown in Annexure -
1
appended to G.O. Ms. No.795, Hyderabad, Secunderabad and
H other areas mentioned in First Schedule to the Presidential
P.V. RADHA KRISHNA AND ORS. v. STATE OF AP. t91
:>
AND ORS. [G.S. SINGHVI, J.]
Order were separately identified as City Range. All this is
A
+....
evident from paragraphs 3, 4, 16 and Annexure - 1 appended
to G.O. Ms. No. 795, the relevant portions of which are
reproduced below:
"(3) The following offices of the Police Department are
B
outside the purview of the Andhra Pradesh Public
Employment (Organisation of Local Cadres and
Regulation of Direct Recruitment) Order, 1975 for the
~·
reasons given against them:-
Name of Office
Reasons for exemption
c
1.
Office of the Inspector
Being office of the Head
...
General of Police
of the Department.
1 •
2.
Railway Police
Being Special Office or
Establishment vide
D
.....
Notification No. GSR
526(E) dated 18.10.1975.
3.
Police Communications
Organization
E
4.
Police Training College,
'/
Anentpur
5.
Office of the Deputy
Being the State level
F
Inspector General of
offices of Institution, vide
Police, Railways, Crime
Notification No. GSR
and Training, Hyderabad
(E) dated 18.10. 75
G
6.
Office of the Deputy
Inspector General of
Police, Railways, Crime
and Training, Hyderabad.
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192 SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R.
.,,
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7.
Police Transport
,;;,
Organization
8.
Office of the Director of
B
Police Communications
\
9.
Office of the Director of
Forensic Science
Laboratory, Hyderabad
r
v
c
10. All categories of posts in
Being exempted
the Special Police
categories vide
Battalions including
Notification No. GSR
Special Armed Police,
529(E) dated 18.10.1975
D
Amberpet other than
Ministerial categories
.,.,
11. Any post of Police Officer Vide para 14(f) of the
as defined in clause (b) of Presidential Order
E
Section 3 of the Hyderabad
City Police Act, 1348-F.
(4) Thus, the Presidential Order dated 18.10.1975 will
apply to the remaining offices of the Police Department as
~
given below -
F
1.
Officers of the six Police Ranges
(viz. Northern, Eastern, Central
Southern, Warangal and Hyderabad)
2.
Ministerial staff of the office of the Commissioner
G
of Police, Hyderabad
3.
Ministerial Staff of the Special Police Battalions
_")_
including Special Armed Police
4.
Ministerial staff of the District Police Office
H
P.V. RADHA KRISHNA AND ORS. v. STATE OF A.P.
193
AND ORS. [G.S. SINGHVI, J.]
_,
5.
District Police i.e. Regular Police Force
A
"'(,
(16). As no separate cadre for the City of Hyderabad
needs to be organized for the Police Department, the
Ministerial staff of the office of the Commissioner of Police
l
alone will be included in zone VI. However, it will be treated
...
B
as a separate cadre in that zone, the other cadre being
the staff under the jurisdiction of Deputy Inspector General
of Police, Hyderabad Range .
. tANNEXURE - 1 c
New Police Ranges as per
Police Ranges prior to
the the order issued in G.O. Ms issue of orders issued in
No.1697, Home dated
G.O. Ms No.1697, Home
10.12.1975
dated 10.12.1975
D
..,,,
ZONE-1
Northern Range
Head-quarters at
Vishakahpatnam
1. Srikakulam
E
2. Vishakhapatnam
.~
....
ZONE-II
Eastern Range
Headquarters at
Eluru
F
1. East Godavari
1. Srikakulam
2. West Godavari
2. Visakhapatnam
3. Krishna
3. East Godavari
4. West Godavari
ZONE-Ill
Central Range
G
Headquarters at
.i...
Guntur
1. Guntur
1. Krishna
2. Nellore
2. Guntur
3. Prakasam
3. Nellore
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194
SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R.
...
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4. Prakasam
ZONE-IV
Southern Range
_Jr
Headquarters at
Kurnool
1. Chittor
1. Chittor
B
2. Cuddapah
2. Cuddapah
.;.
3. Anantapur
3. Anantapur
4. Kurnool
4. Kurnool
ZONE-V ·
Warrangal Range
'
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Headquarters at
Warangal
1. Adilabad
1. Adilabad
2. Karimanagar
2. Karimanagar
3. Warangal
3. Warangal
D
4. Kahmmam
4. Kahmmam
5. Nalgonda
ZONE-VI
Hyderabad Range
Headquarters at
E
Hyderabad
1. Hyderabad
1. Hyderabad
2. Nizamabad
2. Nizamabad
3. Mahaboobnagar 3. Mababoobnagar
4. Medak
4. Medak
~
F
5. Nalgonda
City Range
Hyderabad and Secunderabad
1. Hyderabad
and other areas as mentioned in
First Schedule to the Presidential
2. Secundernbad
Order
,,
G
8. The posts of Hyderabad City Police were not shown in
Annexures IV, V, XII and XIII appended to G.O. Ms.