P.V. Radha Krishna & Ors vs State Of A.P. & Ors

1. The State of Andhra Pradesh comprises of three regions known as Andhra area, Telangana area and Raylaseema area. At the time of formation of the State in 1956, certain safeguards were envisaged for Telangana area in the matters of development, employment 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 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 backdrop of 3 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 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 clarification, which reads as under:

(4) The posts belonging to each specified gazetted category in each department in each zone shall be organized into a separate cadre.

(2) Each Zone shall be regarded as a local area.

(ii) 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 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 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. (G.O.Ms. No. 635, G.A. (SPF.A) Dept. dated 30.11.1993).

4. ORGANIZATION OF POLICE - For the City of Hyderabad there shall be appointed a Police force and its strength and constitution shall be as may be prescribed in accordance with the orders of the Government issued in this behalf, from time to time."

11. Shri D. Ram Reddy and Shri T. Ram Reddy, who were recruited as Head Constable and Constable respectively in the Hyderabad City Police filed Writ Petition No.1643/1973 questioning their transfers to Khammam and Nalgonda districts respectively by the Commissioner of Police, Hyderabad on the ground that being members of Hyderabad City Police force, they could not be transferred outside the twin cities of Hyderabad and Secunderabad. The Inspector General of Police, Andhra Pradesh and Commissioner of Police, Hyderabad, who were impleaded as respondents opposed the prayers of the petitioners by contending that the petitioners are governed by the provisions of the Andhra Pradesh Police Subordinate Rules and, as such, they are liable to be transferred and posted anywhere in the State of Andhra Pradesh. The learned Single Judge referred to the provisions of Article 309 of the Constitution, the Andhra Pradesh (Telangana Area) District Police Act 1329 (Fasli), which was extended to whole of the Telangana area except the city of Hyderabad, Section 7 of 25 the Hyderabad Act and held that in view of the provisions contained in the latter enactment, the rules framed under proviso to Article 309, insofar as the same affected the conditions of service of the Police Officers appointed in Hyderabad City Police are ineffective. Accordingly, transfer of the writ petitioner outside the limits of twin city was declared illegal and quashed.

13. Twenty two Sub-Inspectors of Hyderabad City Police challenged the transfers of 89 Sub-Inspectors and Inspectors of different districts to the City of Hyderabad by filing an application before the Andhra Pradesh Administrative Tribunal (for short `the Tribunal'), which was registered as R.P. No.1220/1977. The Tribunal relied upon the orders passed by the learned Single Judge and the Division Bench of the High Court in Writ Petition No.1643/1973 and Writ Appeal No.890/1975 respectively, referred to the provisions of the Hyderabad Act and quashed the transfers of the 27 officers belonging to different districts to the Hyderabad City Police with a direction that they be sent back to their respective districts and the consequential vacancies be filled from the officers of the City Police.

Genesis of the present litigation

(emphasis supplied)

32. In view of the above discussion, we hold that the conclusions recorded by the Full Bench that no separate cadre has been organized for the City of Hyderabad within the meaning of paragraph 3(6) of the Presidential Order; that no recruitment to the post of Police Officer as defined in 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 by direct recruitment must be considered as belonging to Zone VI in the zonal cadre cannot be sustained and are liable to be set aside.

33. In the result, the appeals are allowed and conclusions (b), (c) and

(d) recorded in the impugned judgment are set aside. The parties are left to bear their own costs.

....J. [G.S. SINGHVI] New Delhi, October 9, 2009