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Issues: Whether amended Rule 3 of the Andhra Pradesh Treasury and Accounts Subordinate Service Rules, 1963 was inconsistent with the Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975; and whether the State Government could provide for promotion or transfer from one local cadre or zone to another under paragraph 5(2) of the Presidential Order.
Analysis: Paragraph 5(1) of the Presidential Order makes each local cadre or zone a separate unit for recruitment, appointment, seniority, promotion and transfer, but paragraph 5(2) expressly saves the State Government's power to make provisions for transfers in specified situations. That saving clause is part of the scheme of local cadres and cannot be ignored. The amended rule was framed to give effect to that power and could not be struck down merely because it permitted movement of personnel from other cadres or zones. The choice of sources for recruitment and the mode of filling posts are matters of executive policy and administrative necessity, and in the absence of arbitrariness or discrimination the Court or Tribunal should not substitute its own view for that of the Executive.
Conclusion: Amended Rule 3 was not liable to be invalidated on the ground that it conflicted with the Presidential Order, and the State's power under paragraph 5(2) could support the impugned transfer-based recruitment arrangement.
Final Conclusion: The Tribunal's judgments were set aside and the appeals were allowed, with the amended rule being upheld as within the framework of the Presidential Order's saving provision.
Ratio Decidendi: A saving provision that expressly authorises inter-cadre transfers prevails over the general scheme of separate local cadres, and courts will not strike down an executive recruitment policy merely because it departs from cadre-wise exclusivity where the statute or order itself permits such deviation.
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