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Welcome to Andhra Pradesh Administrative Tribunal
Welcome to Andhra Pradesh Administrative Tribunal
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HISTORY OF THE TRIBUNAL
                The State of Andhra Pradesh was rocked by two agitations. They are the Telangana agitation during the year 1969 and the Andhra agitation in the year 1972. As a result of the above two agitations, the 'Six Point Formula' was evolved by the leaders of Andhra Pradesh in consultation with Central Leaders during the year 1973, in order to remove the misgivings then prevailing about the future of the State. The formula was intended to indicate the basic approach to promote the accelerated development of backward areas, a 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 services with a view to achieve a fuller emotional integration of the people of Andhra Pradesh.
               So far as public employment in the State is concerned, it was suggested in the formula to organise 'Local Cadres' to the extent possible on appropriate local basis up to a specified gazetted level besides having preference to local candidates for other subordinate posts on a percentage basis.It was also further suggested among other things that:
               A high power Administrative Tribunal should be constituted to deal with the grievances of services regarding appointments, seniority, promotion and other allied matters. The decisions of the Tribunal should ordinarily be binding on the State Government. The constitution of such a Tribunal would justify limits on recourse to judiciary in such matters.
               In order to give effect to the above guidelines, the Constitution was amended through the Constitution (Thirty Second Amendment) Act, 1973, and Article 371-D was inserted.
                In pursuance of the provisions of Article 371-D of the Constitution, the President of India issued the Andhra Pradesh Public Employment (Organisation of Local cadres and Regulation of Direct Recruitment) Order 1975 (called as Presidential Order, 1975) and also Andhra Pradesh Administrative Tribunal Order, 1975, constituting an Administrative Tribunal to adjudicate service disputes of the State Government employees and matters concerning public employment.
                It is significant to note that, Clause 1 and 2 of Article 371-D deal with organisation of 'Local Cadres' by the State for the removal of regional imbalances in matters of public employment and other related matters. Clause 3 of Article 371-D enables and empowers the President of India for the constitution of an Administrative Tribunal for the State of Andhra Pradesh to exercise such jurisdiction, powers and authority [including any jurisdiction, power and authority which immediately before the commencement of the Constitution (Thirty Second Amendment) Act, 1973, was exercisable by any court (other than the Supreme Court) or by any Tribunal or authority] as may be specified in the Order to deal with and adjudicate with respect of appointment, promotions, seniority and other service matters of State Government employees and 'local body employees'. As a result of the above provisions, the 'Andhra Pradesh Administrative Tribunal' came into existence under a special order (as Stated above already) issued by the President of India called as �Andhra Pradesh Administrative Tribunal Order, 1975�. The A.P. Administrative Tribunal so constituted started its functioning during the month of August, 1976. Initially, it was headed by a Chairman (a sitting Judge of High Court at the time of appointment) and two Members belonging to Indian Administrative Service (Retired).
               Para (3) of the Administrative Tribunal Order 1975, envisages that, the Chairman shall be a person who, at the time of his appointment to the Tribunal, is a Judge of High Court and the other Members shall be persons having knowledge of public administration or law. Accordingly, Justice C.V.Rane, a sitting Judge of Gujarat High Court was appointed as the first Chairman of the Tribunal along with Sri Govind Narain, a retired ICS and Sri Kartar Singh, a retired IAS as Members.
                By virtue of the establishment of the Andhra Pradesh Administrative Tribunal under Article 371-D of the Constitution of India, the jurisdiction hitherto exercised by the Civil Courts in the State and High Court of Andhra Pradesh in relation to service disputes of State Government employees was divested and conferred on the A.P.Administrative Tribunal so constituted.
                The A.P. Administrative Tribunal constituted as indicated above, dealt with Representation Petitions (called as R.Ps) directly filed by the litigants before it under para 7 of A.P. Administrative Tribunal Order 1975 (Original jurisdiction) and also Writ Petitions (re-numbered as Tr.W.Ps) Suits and Appeals transferred from A.P. High Court and subordinate courts respectively. The cases before the Tribunal were heard and decided by Full Benches, Division Benches and Single Benches respectively as per the subject and department wise distribution read with provisions stipulated in A.P.A.T Order 1975. The Tribunal has also organised circuit benches (Camp Courts) at District Head Quarters i.e. at Srikakulam, Guntur and Rajahmundry to dispose of the original suits and appeals transferred from Civil Courts of the State. The strength of Members including the Chairman was increased to 5 (five) during the year 1981-82 by sanctioning two additional Member posts by the Union Government.
                The posts of Registrar, Dy. Registrar, Asst. Registrar, S.O.s/Court Officers, P.A.s/Court Masters, UDCs and LDCs were filled in by way of transfer/deputation from the corresponding cadres of High Court and subordinate Courts besides by way of direct recruitment to initial cadre posts like LDCs etc.
                It is also significant to point out that the Chairman and Members appointed to the Tribunal constituted under Article 371-D were always outsiders i.e., belonging to the other States.
                The Tribunal constituted under Article 371-D existed upto 31.10.1989, which was abolished by the then President of India invoking the provisions of Clause 8 of Article 371-D, in view of the State Government's option to have a new Tribunal constituted under Article 323-A read with Administrative Tribunals Act, 1985.
                Before narrating the origin and existing structure of the A.P.Administrative Tribunal constituted under Administrative Tribunals Act, 1985, it is useful to record the events that emerged for the enactment of Administrative Tribunals Act, 1985, by the Union Government.
                The pattern and constitution of the A.P.Administrative Tribunal under Article 371-D has given enough thought to the Government of India to insert Article 323-A of the Constitution for making provision for the establishment of Tribunals all over the country for speedy adjudication of service matters relating to Central and State Government employees besides lessening the burden of High Courts of various States.
                By the Constitution (Forty Second Amendment) Act, 1976, Article 323-A was inserted, thereby, taking out the adjudication of dispute relating to recruitment and conditions of service of persons appointed to public service from the hands of Civil Courts and the High Courts and to place it before an Administrative Tribunal. In pursuance of Article 323-A of the Constitution a Bill was introduced in the Parliament and 'The Administrative Tribunal Act, 1985 was enacted, paving way for the establishment of an Administrative Tribunal for Central Government employees and separate Tribunals for different States at their option. Accordingly, Central Administrative Tribunal (CAT) was established for the Central Government employees for adjudication of their service disputes, with its Principal seat at Delhi and Benches in the States. Certain State Governments had also established State Tribunals under the Central Act, 1985.
                It is pertinent to note that before passing of Administrative Tribunals Act, 1985 a team of higher officials of Union Government (Home Ministry) visited the Tribunal constituted under Article 371-D, studied the functioning of the A.PA.T and adopted the same format in relation to court business and Registry's functioning. Therefore, the erstwhile Tribunal of A.P. Constituted under Article 371-D can be termed as a leading light and path finder for the enactment of Administrative Tribunals Act, 1985.
                After the abolition of the A.P. Administrative Tribunal constituted under Article 371-D of the Constitution of India wef.31.10.1989, a new Tribunal was established under the �Administrative Tribunals Act, 1985� for the State of Andhra Pradesh as the State Government opted for the same.
                The new Tribunal came into existence wef 1.11.1989 in pursuance of the extension of the provisions of the 'Administrative Tribunals Act, 1985' to the State of Andhra Pradesh by the President of India vide Government of India Notification Nos.21013/13/87-SP, Ministry of Home Affairs, dated 25.10.1989.
                The new Tribunal established under Administrative Tribunals Act, 1985 started its functioning headed by Sri Justice K.S. Putta Swamy, a retired judge of Karnataka High Court as its first Chairman, Sri N. Subba Raju and Sri K. Subrahmanyam as Judicial and Administrative Members, respectively.
                By virtue of the provisions contained in Section 29 of the Administrative Tribunals Act, 1985, all the cases pending before the erstwhile Tribunal (Constituted under Article 371-D) stood transferred to the Tribunal for adjudication. Thus, the new Tribunal started its functioning by adjudicating the transferred cases (Representation Petitions) and fresh O.As (Original Applications) filed before it under Section 19 of the Administrative Tribunals Act, 1985.
                The Central Government may, on receipt of a request in this behalf from a State Government, establish by notification, an Administrative Tribunal for the State to be known as the (name of the State), Administrative Tribunal to exercise the jurisdiction, powers and authorities conferred on the Administrative Tribunal for the State by or under this Act.
                Two or more States may, notwithstanding anything contained in sub-section (2) and notwithstanding that any or all of those States has or have Tribunals established under that sub-section, enter into an agreement that the same Administrative Tribunal shall be the Administrative Tribunal for each of the State participating in the agreement , and if the agreement is approved by the Central Government and published in the Gazette of India and the Official Gazette of each of those States, the Central Government may, by notification, establish a Joint Administrative Tribunal to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunals for those States by or under this Act.

          
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IVth Floor of APAT inaugurated on 23-january-2014
IVth Floor of APAT inaugurated on 23-january-2014
 
 





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