GOVT. OF ANDHRA PRADESH AND ORS.versusMOHD. GHOUSE MONINUDDIN AND ORS.

A                  GOVT. OF ANDHRA PRADESH AND ORS.
                                          v.
                  MOHD. GHOUSE MONINUDDIN AND ORS.

                                AUGUST 27, 2001

B                   [G.B. PATTANAIK AND RUMA PAL, JJ.]


          Constitution of India, 1950 : Article 371-D-Object of

          Andhra Pradesh Public Employment (Organisation of Local Cadres and
C Regulation of Direct Recruitment) Order, 1975 : Paras 3 (1), (3), (7), 5 and
    6-lnterpretation of

          State Government-Notifications issued by-Scheme for organisation of
    local cadres in Commercial Tax, Revenue and Police Departments-Scheme
D   providing for smaller units for appointment, promotion and seniority-Scheme
    operative for 15 years-Challenge after 15 years held not permissible-
    Notifications held valid-Held: By organising local cadres no requirement of
    Presidential Order was contravened.

          Service Law-Procedure operative for a long time-Held need not be
E   interfered with unless repugnant to constitutional provision or contrary to
    Rule.

          In exercise of its power under Article 371 D of the Constitution, the
    President of India issued Andhra Pradesh Public Employment (Organisation
    of Local Cadres and Regulation of Direct Recruitment) Order, 1975. In terms
F   of paragraph 3 (1) of the Presidential Order, the State of Andhra Pradesh
    issued G.O.Ms. No. 581 dated 24th May, 1976 providing thereunder scheme
    for organisation of local cadre in Commercial Tax Department. Two other
    similar G.O.Ms. No. 497 dated 30th April, 1976 and G.O.Ms. No. 795 dated
    30th June, 1976 were also issued in respect of Revenue Department and Police
    Department respectively. These smaller units, organised by the State
G   Government in discharge of its obligation under paragraph 3 of the
    Presidential Order remained operative for more than 15 years since 1976-
    and the appointment, promotion and seniority continued to be dealt with, as
    the cadre. In 1992-93 applications were filed before Andhra Pradesh
    Administrative Tribunal which directed re-determination of inter se seniority
H   zone-wise in different cadres for promotion to higher posts. The Tribunal held
                                         180
                 GOVT. OF A.P. v. MOHD. GHOUSE MONINUDDIN                        181
    that (i) Division is a unit for the purpose of administration and zone is a unit     A
    for the purpose of organisation of cadres for direct recruitment, appointment,
    seniority, promotion and transfer under the Presidential Order; (ii)
    organisation of various local cadres under the notification issued by the State
    Government, does not satisfy the requirement of the Presidential Order as
    provided in para 3 and such separate cadres in smaller units affect the
    conditions of service mentioned in para 5(1 ); (iii) para 3(7) of the Presidential   B
    Order, only enables the State Government to have separate cadre for
    administrative convenience and that the principle on which Supreme Court
    struck down the subsequent G.O.Ms. in *Prakash
    apply to G.O.Ms. No. 581.
                                                       ..
                                                       ,
                                                         .._,
                                                              Rao's case would equally


          Interpreting Para 3(7), the Tribunal held that the State Government            C
    cannot organise cadre in any other part of the State for the purpose of public
    employment. On an analysis ofG.O.Ms. No. 497, issued in respect of the posts
    in Revenue Department it was held that the units of appointment for the above
    categories of posts in the Revenue Department conform to the provision in
    the Presidential Order and hence no particular action was called for in respect      D
    of the posts in the Revenue Department. The Tribunal also found that the
    Sales Tax Department, the Revenue Department and the Police Department
    have acted without reference to the Presidential Order. Interpreting the
    expression "such part of the State", it held that the State Government cannot
    organise cadres in any other part of the State for the purpose of public
    employment mentioned in para 5(1). It ultimately held that recruitment to            E
    different posts, has to be made as per the units created under the Presidential
    Order and not in accordance with the reorganisation made by the State
    Government in exercise of powers conferred under para 3 of the Presidential
    Order. With these conclusions, the specific G.O.Ms. in the three departments
    having been annulled and further directions having been issued, these appeals        p

-   have been preferred.

          On behalf of the appellants it was contended that (i) the re-organised
    units having been created by the State Government, in exercise of power under
    paragraph 3(1) of the Presidential Order, since 1976 and having remained
    operative for more than 15 years, the Tribunal was not justified iri entertaining    G
    applications in the years 1992 and 1993 and then interfering with the said
    organisational scheme and directing reconsideration of the seniority and
    consequential promotional avenues, which would unsettle the settled position
    and would create chaos in administration; (ii) in view of the judgment in
    *Prakash Rao's case the impugned order of the Tribunal cannot be sustained;
    and (iii) the Tribunal committed error by holding that paragraph 3(3) of the         H
    182                        SUPREME COURT REPORTS [2001] SUPP. 2 S.C.R.

A   Presidential Order would have an overriding effect.

          Allowing the appeals and setting aside the order of Tribunal, the Court

          HELD : 1. The Tribunal committed serious error in interpreting
    different provisions of the Presidential Order and the notifications of the State
B   Government, issued in exercise of powers conferred upon it under paragraph
    3(1) of the Presidential Order. The conclusions of the Tribunal, on interpreting
    the provisions of the Presidential Order, on the face of it, are erroneous and
    cannot be sustained. [194-B-C]

         2. The conclusion that the very principle on which Supreme Court
C struck down the subsequent notifications, purported to have been issued in
  exercise of powers under paragraph 3(7) of the Order, would apply to the
  initial notification issued for organising various local cadres cannot be
  sustained. It cannot be said that by organising local cadres under notifications
  issued by the State Government, any requirement of the Presidential Order
D has been contravened. The conclusion of the Tribunal that paragraph 3(7)
  only enables the State Government to have separate cadres for administrative
  convenience is based upon a misreading of the said provision and would be
  repugnant to the purpose for which the Presidential Order was issued in
  exercise of powers under Article 371-D, and the State Government was
  conferred power for organising smaller cadres in different parts of the State
E to achieve uniform development and to offer equal opportunities in the matter
  of employment. [194-D-E]

           3. From the impugned order of the Tribunal as well as the materials
    on record, it is crystal clear that the notifications issued by the State
    Government in the year, 1976, organising smaller units of cadre in respect of
F   non-gazetted posts, remained operative till the Tribunal was approached in
    1992-93. The recruitment, promotion and other service conditions of these
    employees, in respect of posts enumerated in the order of the State
    Government was made within the organised cadre, issued by the State
                                                                                        -
    Government, which was essentially meant for equitable opportunities and
G   facilities in the matter of public employment. It is a cardinal principle in
    service jurisprudence, that a particular method or procedure adopted for a
    long time, need not be ordinarily interfered with, unless such method is
    repugnant to any constitutional provision or is contrary to any statutory rule.
    That apart, under the Administrative Tribunal Act, a period of limitation is
    provided for, in Section 21. In this view of the matter, when the units formed
H   the cadre, pursuant to notifications issued by the State Government, in the
                GOVT. OF A.P. v. MOHD. GHOUSE MONJNUDDIN                         183
    year 1976, in respect of non-gazetted posts and on that basis, appointment to        A
    and promotion within the cadre was being considered, in respect of non-
    gazetted posts, applications filed before the Tribunal in 1992-93, after expiry
    of more than 15 years, could not have been entertained and the settled position
    could not have been unsettled, as has been done by the Tribunal in its final
    order. On this ground alone, the impugned order cannot be sustained.                 B
                                                                 (191-H; 192-A-Dl

           4. The Presidential Order was intended for providing equitable
    opportunities and facilities for the people belonging to different parts of the
    State of Andhra Pradesh, in the matter of public employment and in the
    matter of education. The object of Article 371-D was to promote accelerated
    development of the backward areas of the State of Andhra Pradesh, so as to C
    secure the balanced development of the State as a whole and to provide
    equitable opportunities to different areas of the State in the matter of
    education, employment and career prospects in public service. The enabling
    provision contained in Para 3 of the Presidential Order for organisation of
    different local cadres is obviously intended to achieve the main objective of D
    Article 371-D, namely to provide equitable opportunities to different areas
    of the State, in the matter of education, employment and career prospects in
    public service as well as to promote accelerated development of the backward
    areas of the State of Andhra Pradesh, so as to secure the balanced
    development of the State as a whole. The State Government, which is supposed
    to be aware of the representation of the people from different areas of the E
    State in any class or classes of civil posts, has thus been conferred with power
    to organise smaller units, as cadre for the purpose of recruitment, promotion
    and other conditions of service in public employment, so that people from
    different parts can share responsibility, which in turn would ensure all round
    development of the State. The Presidential Order, that has been issued in F
    exercise of powers under Clauses (I) and (2) of Article 371-D, unequivocally


-   authorises the State Government in paragraph 3 of the Order for organisation
    of local cadres for different parts of the State. Sub-para (7) of Paragraph 3,
    itself stipulates that in the matter of organising a separate cadre in respect of
    any category of posts, in any department for any part of the State, nothing
    stated in the Presidential Order can be deemed to prevent the State G
    Government from such act. [185-F; 193-C-El

           5. A combined reading of sub-para (l) of Paragraph 3 and sub-para
    (7) of Paragraph 3, unequivocally indicates that any order issued by the State
    Government in the matter of organising a separate cadre, in_respect of any
    category of posts, will have an over-riding effect and no part of the Presidential   H
    184                        SUPREME COURT REPORTS [2001) SUPP. 2 S.C.R.

A   Order, including sub-para (3) of Paragraph 3, be a fetter on the said power
    of the State Government. Such power has been designedly conferred upon
    the State Government to achieve the main objective for which Article 371-D
    was engrafted, viz. to provide equitable opportunities to different areas of the
    State, in the matter of employment and career prospects in public service,
B   and for achieving the aforesaid objective, undoubtedly, the State Government
    would be in possession of all datas and materials, enabling it to organise
    different local cadres. Paragraph 3(1) read with para 3(7) is not subject to
    paragraph 3(3), as was held by the Tribunal. On the other hand, paragraph
    3(7) of the Presidential Order, would have an overriding effect over paragraph
    3(3) and, therefore, any order issued by the State Government under
C   Paragraph 3(1 ), constituting different local cadres for different parts of the
    State would be the area of operation for the purpose of recruitment,
    promotion and other service conditions, so far as the non-gazetted posts are
    concerned. (193-F-H; 194-A]

          Government ofAndhra Pradesh and Anr. v. A. Suryanarayanarao and Ors.,
D   (1991] Supp. 2 SCC 367 and S. Prakasha Rao and Anr. v. Commissioner of
    Commercial Taxes and Ors., (1990] 2 SCC 259, referred to.

         CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 1651-
    1652 of 1997.

E         From the Judgment and Order dated 2.11.94 of the Andhra Pradesh
    Administrative Tribunal at Hyderabad in R.P. Nos. 5710/87 and 1575 of
    1988.
                                         WITH
          C.A. No. 1653 of 1997.
F         G. Prabhakar, Ms. T. Anamika for the Appellant.

          L. Nageswara Rao, Jayanth Muthraj, K.C. Sudarshan and S.U.K. Sagar
    for the appellant in C.A.No. 1653/97.                                               -
          P.S. Narasimha, P. Sridhar and V.G. Pragasam for the Respondents.
G
          The Judgment of the Court was delivered by

          PATTANAIK, J. These appeals are directed against the order of the
    Andhra Pradesh Administrative Tribunal. By the impugned order, the Tribunal
    directs the re-~etermination of inter se seniority zone-wise basis in different
H   cadres for promotion to the higher posts. The Tribunal deals with three different
    GOVT. OF A.P. v. MOHD. GHOUSEMONINUDDIN (PATTANAIK, J.]                 185

departments of the Government of Andhra Pradesh, Commercial Tax                     A
Department, Revenue Department and Police Department.

       After insertion of Article 371-D of the Constitution, by the Constitution
(32nd Amendment) Act, 1973, the President of India, issued Andhra Pradesh
Public Employment (Organisation of Local Cadres and Regulation of Direct
Recruitment) Order, 1975 [hereinafter referred to as 'the Presidential Order"].     B
The aforesaid Presidential Order was intended for providing equitable
opportunities and facilities for the people belonging to different parts of the
State of Andhra Pradesh, in the matter of public employment and in the
matter of education. The object of the aforesaid Article was to promote
accelerated development of the backward areas of the State of Andhra Pradesh,       C
so as to secure the balanced development of the State as a whole and to
provide equitable opportunities to different areas of the State in the matter of
education, employment and career prospects in public service. The expression
"Public employment" in Article 371-D has been interpreted by this Court in
the case of Government of Andhra Pradesh and Anr. v. A. Suryanarayanarao
and Ors., [1991] Supp. 2 sec 367, to mean both direct recruitment as well           D
as promotion. Paragraph 3 of the Presidential Order casts an obligation on the
State Government to organise classes of posts in the Civil Services and the
classes of Civil posts under the State, into different local cadres for different
parts of the State to the extent and in the manner provided in the Presidential
Order, within a period of 18 months from the commencement of the                    E
Presidential Order. Proviso to the aforesaid paragraph enables the President
to require the State Government, at any time, even after the expiry of the
period of 18 months, whenever the President considers it expedient so to do,
to organise any 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. The aforesaid enabling provision for organisation of different local        F
cadres is obviously intended to achieve the main objective of Article 371-D,
namely to provide equitable opportunities to different areas of the State, in
the matter of education, employment and career prospects in public services
as well as to promote accelerated development of the backward areas of the
State of Andhra Pradesh, so as to secure the balanced development of the            G
State as a whole. Sub-para (3) of Paragraph 3 of the Presidential Order reads
thus:

        "Para 3(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 organised into a separate cadre."                        H
                              SUPREME COURT REPORTS [2001) SUPP. 2 S.C.R.
                                                                                         .,
    186                                                                                  •
A         Sub-para (7) of Paragraph 3 reads thus:

               "Para 3(7) In organising a segarate cadre in respect of any category
           of posts in any department for any part of the State, nothing in this
           order shall be deemed to prevent the State Government from organising
           or continuing more than one cadre in respect of such category in such
B          department for such part of the State."

    Paragraph 6 of the Presidential Order deals with the local areas, which reads
    thus:

           "Para 6. Local Areas: -( 1) Each district shall be regarded as a local
C          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 Junior Assistant or to any
           other category equivalent to or lower than that of a Junior Assistant;
D
           (ii) for direct recruitment to posts in any cadre 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 Junior Assistant
           or a fixed pay not exceeding that amount.

E          (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 of the posts in any department in that zone be longing to any
           non-gazetted category other than those referred to in sub-paragraph
           ( 1);
F          (ii) for direct recruitment to posts in any local cadre comprising all
           or any of the posts in any department in that zone belonging to the
           categories of Tahsildars and Junior Engineers; Assistant Agricultural
           Officers, Inspectors of Police and Motor Vehicles Inspectors. (G.O.Ms.
           No. 498, G.A.D.(SPF), Dt. 16.7.1977)
G          (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 minimum of the scale of pay ofa Junior Assistant
           but does not exceed Rs. 480 per mensem; or a fixed pay which
           exceeds the minimum of the scale of pay of a Junior Assistant but
H          does not exceed Rs. 480 per mensem;
GOVT. OF A.P. v. MOHD. GHOUSE MONINUDDIN [PATTANAIK, J.]             187
                                           '
       Provided that where a single cadre has been organised for two or A
   more zones under sub-paragraph (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 a separate local area in respect of
   such cadre. (3). Notwithstanding anything contained in sub-paragraph
   (I) and (2):-
                                                                            B
   (i) the City of Hyderabad shall be regarded as a local area for direct
   recruitment to posts in any local 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 said City shall be excluded from the local area C
   relatable to any other local cadre comprising posts in the departments
   and belonging to the categories so notified; and

   (4) Notwithstanding anything contained in sub-paragraphs (!), (2)
   and (3):-

   (i) the districts of Medak, Rangareddy and Hyderabad shall be regarded   D
   as a local area for direct recruitment to posts in any cadre under the
   Hyderabad Urban Development Authority Comprising posts, carrying
   a scale of pay, the minimum of which does not exceed the minimum
   of the scale of pay of a Junior Assistant or a fixed pay not exceeding
   that amount;                                                             E
   (ii) Zone VI shall be regarded as a local area for direct recruitment
   to posts in any cadre under the Hyderabad Urban Development
   Authority comprising posts, carrying a scale of pay, the minimum of
   which exceeds the scale of pay of Junior Assistant but does not exceed
   Rs. 480 per mensem or a fixed pay which excess the minimum of the        p
   scale of the pay of Junior Assistant but does not exceed Rs. 480 per
   mensem. [Sub-para (4) is added by G.0.Ms. No. 498, G.A.D., (SPF-
   A) Dept., Dt. 16.7.1977].

  (iii) the city of Hyderabad shall be regarded as a local area for direct
  recruitment to posts in any cadre under a local authority, within the G
  said city comprising posts carrying a scale of pay, the minimum of
  which does not exceed Rs. 480 per mensem 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."
                                                                            H
    188                       SUPREME COURT REPORTS [2001] SUPP. 2 S.C.R.

A In exercise of powers conferred upon the State Government under paragraph
  3(1) of the Presidential Order, the State of Andhra Pradesh issued G.O.Ms.
  No. 581, organising the Commercial Tax Department by constituting different
  local cadres. The aforesaid Government Order, providing scheme for
  organisation of local cadre in Commercial Tax Department, was issued on
B 24th of May, 1976, and Appendix to the aforesaid scheme, indicates·that
  while posts of Deputy Commissioners, Assistant Commissioners and
  Commercial Tax Officers, continue to be State level posts and as such, there
                                                                                     .
  was no necessity to organise any local cadre, but the posts of Deputy
  Commercial Tax Officers were organised into six zonal cadres and the cadre
  strength of different zones was also indicated in the aforesaid schedule. So
C far as the Non-Gazetted posts are concerned, they were organised into nine
  different smaller units by the State Government, for the purpose of recruitment
  and promotion. Necessarily, therefore, by way of an annexure, the revised
  jurisdiction of the Deputy Commissioner's Division, after reorganisation, was
  indicated, indicating nine different smaller units, and these smaller units,
  became the area for the purpose of recruitment and promotion and seniority
D as well. Corresponding to G.O.Ms. No. 581 issued for the Commercial Tax
   Department, G.O. Ms. No. 497 dated 30th of April, 1976 deals with Revenue
   Department and under the aforesaid G.0.Ms, while paragraph 5 deals with
  gazetted posts of Tahsildars, which are required to be organised into zonal
  cadres and in fact six zonal cadres had been organised, but so far as non-
E gazetted posts are concerned, the same was organised into district-wise basis
   as the unit and nine such units were organised, in respect of the posts of
   Deputy Tahsildars, Head Clerks, Upper Division Clerks, Lower Division
   Clerks, Typists, Shroffs, Jeep Drivers, Record Assistants and Last Grade
   Servants. In an identical manner, reorganisation of posts in the local cadre in
   Police Department was issued under G.O.Ms. No. 795 dated 30th June, 1976.
F It is undisputed that in this batch of appeals, we are concerned with the
   question of seniority as well as promotion in respect of such non-gazetted
   posts in the Commercial Tax Department, in the Revenue Department and
   Police Department. These smaller units, organised by the State Government
   in discharge of its obligation under paragraph 3 of the Presidential Order,
G remained operative and the appointment, promotion and seniority continued
   to be dealt with the smaller units as the cadre, until the impugned judgment
   of the Tribunal. It may be necessary at this stage to mention that in the
   Commercial Tax Department, subsequent to the issuance of G.O.Ms. No.
   581, the Government of Andhra Pradesh had issued two further G.O.Ms.
   being G.O.Ms Nos. 1648 and 1900. The validity of the aforesaid two G.O.Ms.
H was the subject matter of consideration in the case of S. Prakasha Rao and
     GOVT. OF A.P. v. MOHD. GHOUSE MON!NUDDIN [PATTANAIK, J.]            189
Anr. v. Commissioner of Commercial Taxes and Ors., [1990] 2 SCC 259. A         A
 Three Judge Bench of this Court, analysed different paragraphs of the
 Presidential Order as well as the Order issued by the State Government,
 organising different classes of posts into the local cadres, in accordance with
 paragraph 3 of the Presidential Order and ultimately, came to the conclusion
that after expiry of 18 months from the date of the issuance of the Presidential B
Order, there is no power with the State Government for creation of any
further local cadre and, therefore, the seniority has to be prepared pursuant
to the initial organisation, and the question of seniority and promotion has to
be determined, within the local cadre, created by the State Government in
 issuing the order of organisation, as required under paragraph 3 of the
Presidential Order. In S. Prakasha Rao's case, this Court came to the conclusion C
that the post of Junior Assistant is the District Cadre post and the posts of
 Senior Assistants and Assistant Commercial Tax Officers are the zonal posts.
The Court also further came to the conclusion that under paragraph 3(1) of
the Presidential Order, the State Government, through issuance of G.O.Ms.
No. 581 had organised the Commercial Taxes Department by constituting
different local cadres and having done so, the State ceases to have any power D
to bifurcate or reorganise a zone within a zone, cadre or cadres therein and,
therefore, any such subsequent reorganisation could be only for administrative
necessity and not for the purpose of recruitment, seniority and promotion etc.
The Court held that for the purpose of recruitment, seniority, promotion,
discharge etc., the local cadre once organised under paragraph 3( I) shall be E
final and continue to be operative until action is taken under proviso to sub-
paragraph(!) of Paragraph 3 of the Presidential Order. With these conclusions,
the action of the State Government, in issuing subsequent G.O.Ms. was held
to be invalid.

      A batch of cases relating to the Commercial Tax department, Revenue F
Department and Police Department were heard together b,y the Administrative
Tribunal and were disposed of by the common judgment which is the subject
matter of challenge in these appeals. The tribunal in the impugned order
came to the conclusion that validity of G.O.Ms. No. 581, dealing with Sales
Tax Department did not fall for consideration in the earlier round of litigation G
in Prakash Rao's case. It further held that Division is a unit for the purpose
of administration and zone is a unit for the purpose of organisation of cadres
for direct recruitment, appointment, seniority, promotion and transfer under
the Presidential Order. It also held that organisation of various local cadres
under the notification issued by the State Government, does not satisfy the
requirement of the Presidential Order as provided in para 3 and such separate H
    190                       SUPREME COURT REPORTS [2001) SUPP. 2 S.C.R.

A cadres in smaller units affect the conditions of service mentioned in para
   5(1). The Tribunal held that Para 3(7) of the Presidential Order, only enables
   the State Government to have separate cadre for administrative convenience
   and that the principle on which Supreme Court struck down the subsequent
   G.0.Ms. in Prakash Rao's case, would equally apply to G.O.Ms. No. 581.
B Interpreting Para 3(7), the Tribunal held that the State Government cannot
    organise cadre in any other part of the State for the purpose of public
    employment. On an analysis of the G.O.Ms. No. 497, issued in respect of the
    posts in the Revenue Department, the Tribunal held that the units of
    appointment for the above categories of posts in the Revenue Department,
  . conform to the provision in the Presidential Order and hence no particular
C action is called for in respect of the posts in the Revenue Department. The
    Tribunal Found that the Sales Tax Department, the Revenue Department and
    the Police Department have acted without reference to the Presidential Order.
    Interpreting the expression "such part of the State .. , it held that the State
    Government cannot organise cadres in any other part of the State for the
    purpose of public employment, mentioned in para 5(1). The Tribunal ultimately
D held that recruitment to different posts has to be made as per the units created
    under the Presidential Order and not in accordance with the reorganisation
    made by the State Government in exercise of powers conferred under para
    3 of the Presidential Order. With these conclusions, the specific G.0.Ms in
    the three departments having been annulled and further directions having
E been issued, these appeals have been preferred.
         Mr. L. Nageswara Rao, appearing for the appellant in Civil Appeal No.
  1653/1997 and Mr. G. Prabhakar, appearing for the appellant-State of Andhra
  Pradesh in the other appeals, contended that the reorganised units having
  been created by the State Government, in exercise of power under paragraph
F 3( I) of the Presidential Order, since 1976 and having remained operative for
  more than 15 years, the Tribunal was not justified in entertaining applications
  in the years 1992 and 1993 and then interfering with the said organisational
  scheme and directing reconsideration of the seniority and consequential
  promotional avenues, which would unsettle the settled position and would
G create chaos in administration. It was further contended that in Prakash Rao's
  case, this Court has examined a relevant G.O.Ms, issued by the State
  Government in exercise of powers under Paragraph 3(1) and has held that the
  units, created by the State Government under the scheme of organisation,
  would be the unit, for the purpose of recruitment, promotion, discharge etc.,
  the Tribunal had no jurisdiction to interfere with that conclusion and on an
H erroneous analysis of the provisions, the Tribunal has interfered with the
                                                           l
                                                       I
      GOVT. OF A.P. v. MOHD. GROUSE MONINUDDIN (PATTANAIK, J.) 191

same and as such, the impugned order of the Tribunal cannot be sustained. A
The counsel also urged that paragraph 3( I) of the Presidential Order, enables
the State Government to organise classes of posts in the civil services, into
different local cadres for different parts of the State and paragraph 3(7) of the
Presidential Order makes it explicitly clear that nothing in the Presidential
Order would prevent the State Government from organising separate cadre in B
respect of any category of posts in any department for any part of the State.
A combined reading of paragraphs 3(1) and 3(7), therefore makes it clear
that within 18 months from the commencement of the Presidential Order, the
State Government could organise classes of posts in the civil services of the
State into different local cadres for the purpose of achieving the main objective
of the Presidential Order, and such organised local cadre, would be the area C
of operation for considering the question of recruitment, promotion etc. This
being the position, the Tribunal committed error by holding that paragraph
3(3) of the Presidential Order would have an over-riding effect.

      Mr. P.S. Narasimha, appearing for the respondents in the appeal relating
to Revenue Department, on the other hand contended that the Presidential             D
Order, more particularly, paragraph 3(3) of the same, indicates the zone and
zone should be the area of consideration and the State Government cannot be
held to have any jurisdiction to constitute any smaller units for the purpose
of recruitment, promotion etc., which would contravene the Presidential Order
and, therefore, the tribunal was justified in issuing the impugned direction.        E
So far as the delay in approaching the Tribunal is concerned, Mr. Narasimha
contends, that if the reorganisation of the cadre by the State Government is
contrary to the Presidential Order and consequently, invalid and inoperative,
the mere delay in approaching the Tribunal, would not take away the rights
of the employees and, therefore, the Tribunal was justified in interfering with
the G.0.Ms. issued by the State Government under paragraph 3(1) of the               F
Presidential Order.

       We have considered the rival submissions and we find considerable
force in the submission of Mr. Nageswara Rao and Mr. Prabhakar, appearing
for the appellants, both on the question of delay as well as on the interpretation
of the Presidential Order as well as the order issued by the State Government,       G
in exercise of powers under paragraph 3( I) of the Presidential Order. From
the impugned order of the Tribunal as well as the materials on record, it is
crystal clear that the notifications issued by the State Government in the year
1976, organising smaller units .of cadre in respect of non-gazetted posts,
remained operative till the Tribunal was approached in 1992-93. The                  H
                       ·'

    192                       SUPREME COURT REPORTS (2001) SUPP. 2 S.C.R.

A recruitment, promotion and other service conditions of these employees, in
   respect of posts enumerated in the order of the State Government was made
   within the organised cadre, issued by the State Government, which was
   essentially meant for equitable opportunities and facilities in the matter of
   public employment. It is a cardinal principle in Service Jurisprudence, that a
B .particular method or procedure adopted for a long time, need not be ordinarily
   interfered with, unless such method is repugnant to any constitutional provision
   or is contrary to any statutory rule. That apart, under the Administrative
   Tribunal Act, a period of limitation is provided for, in Section 21. In this
   view of the matter, when the units formed the cadre, pursuant to notifications
   issued by the State Government, in the year 1976, in respect of non-gazetted
C posts and on that basis, appointment to and promotion within the cadre was
   being considered, in respect of non-gazetted posts, applications filed before
   the Tribunal in 1992-93, after expiry of more than 15 years, could not have
   been entertained and the settled position could not have been unsettled, as
   has been done by the Tribunal in its fmal order. On this ground alone, the
   impugned order cannot be sustained.
D
         Let us now examine the provisions of the Presidential Order as well as
  the notifications issued by the State Government in exercise of powers
  conferred upon it under the Presidential Order, to find out whether by such
  notifications, there has been any infraction of the constitutional provision or
E the provision contained in the Presidential Order itself. When one speaks of
  'public employment', immediately Article 16 comes into focus. Clauses (I)
  and (2) of Article 16 guarantee equality of opportunity to all citizens, in the
  matter of appointment to any office or any employment under the State.
  Clauses (3) to (5) lay down exception to the above rule and Clause (4)
  permits reservation for backward classes of citizens, who are not in the opinion
F of the State, adequately represented in the services of the State. In view of
  the mandate of Article 16, but for the Presidential Order issued under Article
  371-D, it would not have been possible to consider the question of employment
  within the narrower units of cadre, created by the State Government, in
  exercise of powers conferred upon it under paragraph 3(1) of the Presidential
G Order. Article 371 D, however was inserted in the Constitution by the
  Constitution (32nd Amendment) Act, 1973, authorising the President to pass
  special order in respect of the State of Andhra Pradesh. The history behind
   insertion of the aforesaid Article has been elaborately dealt with in the
   impugned order of the Tribunal. Suffice it to say that, as there was lot of
  disparity in the matter of opportunities available in public employment between
H the inhabitants of Telengana region and the Andhra region, there was a
         GOVT. OF A.P. v. MOHD. GHOUSEMONINUDDIN [PATTANAIK, J.] 193

    political tunnoil and ultimately, the political will culminated in a six point       A
    formula and it is in implementation of the aforesaid formula, Article 371-D
    was inserted, conferring power on the President of India to pass app:opriate
    order for equitable opportunities and facilities for the people belonging to
•   different parts of the State, in the matter of public employment. Clause (2)
    of Article 3710 enables the President oflndia, to provide in the order, requiring    B
    the State Government to organise any class or classes of posts in a civil
    service of the State, into different local cadres for different parts of the State
    and allot, in accordance with such principles and procedure, as may be
    specified in the order, the persons holding such posts to the local cadre, so
    organised. The State Government, which is supposed to be aware of the
    representation of the people from different areas of the State in any class or       C
    classes of civil posts, has thus been conferred with power to organise smaller
    units, as cadre for the purpose of recruitment, promotion and other conditions
    of service in public employment, so that people from different parts can share
    responsibility, which in turn would ensure all round development of the
    State. The Presidential Order, that has been issued in exercise of powers
    under Clauses (I) and (2) of Article 371-D, unequivocally authorises the             D
    State Government in paragraph 3 of the Order for organisation of local cadres
    for different parts of the State. Sub-para (7) of Paragraph 3, itself stipulates
    that in the matter of organising a separate cadre in respect of any category
    of posts, in any department for any part of the State, nothing stated in the
    Presidential Order can be deemed to prevent the State Government from such           E
    act.

           A combined reading of sub-para (I) of Paragraph 3 and sub-para (7) of
    Paragraph 3, unequivocally indicates that any order issued by the State
    Government in the matter of organising a separate cadre, in respect of any
    category of posts, will have an over-riding effect and no part of the Presidential F
    Order, including sub-para(3) of Paragraph 3, on which Mr. Narasimha, strongly
    relied upon be a fetter on the said power of the State Government. Such
    power has been designedly conferred upon the State Government to achieve
    the main objective for which Article 371-D was engrafted, viz. to provide
    equitable opportunities to different areas of the State, in the matter of G
    employment and career prospects in public services, and for achieving the
    aforesaid objective, undoubtedly, the State Government would be in possession
    of all datas and materials, enabling it to organise different local cadres. We
    have no hesitation to come to the conclusion that paragraph 3(1) read with
    para 3(7) is not subject to Paragraph 3(3), as was held by the Tribunal and
    as was contended by Mr. Narasimha. On the other hand, paragraph 3(7) of H
    194                     SUPREME COURT REPORTS (2001] SUPP. 2 S.C.R.

A the Presidential Order, would have an over-riding effect over paragraph 3(3)
    and, therefore, any order issued by the State Government under Paragraph
    3(1 ), constituting different local cadres for different parts of the State would
    be the area of operation for the purpose of recruitment, promotion and other
    service conditions, so far as the non-gazetted posts are concerned. In the
B   aforesaid premises, we are of the considered opinion that the Tribunal
    committed serious error in interpreting different provisions of the Presidential
    Order and the notifications of the State Government, issued in exercise of
    powers conferred upon it under paragraph 3(1) of the Presidential Order, and
    accordingly, the said order of the Tribunal is set aside. The conclusions of the
    Tribunal, on interpreting the provisions of the Presidential Order, on the face
C   of it, are erroneous and cannot be sustained. We are unable to sustain the
    conclusion that the very principle on which Supreme Court struck down the
    subsequent notifications, purported to have been issued in exercise of powers
    under paragraph 3(7) of the Order, would apply to the initial notification
    issued for organising various local cadres. We also fail to understand, how
    by organising local cadres under notifications issued by the State Government,
D   any requirement of the Presidential Order has been contravened. The further
    conclusion of the Tribunal that paragraph 3(7) only enables the State
    Government to have separate cadres for administrative convenience, is based
    upon a misreading of the said provision and would be repugnant to the
    purpose for which the Presidential Order was issued in exercise of powers
E   under Article 371-D, and the State Government was conferred power for
    organising smaller cadres in different parts of the State to achieve uniform
    development and to offer equal opportunities in the matter of employment.
    We, therefore, unhesitatingly, set aside the conclusions arrived at by the
    Tribunal in the impugned judgment.

F         These appeals are allowed. The applications filed before the Tribunal
    stand dismissed.

    T.N.A.                                                      Appeals dismissed.