Zonalisation intact or abolished in Telangana State?

This is a Constitutional hitch in giving employment and even taking up the exercise of general transfers. As far as State cadre transfers are concerned, there will not be any legal hindrance to undertake exercise of transfers but for zonal/districtcadre posts, transfers in accordance with the newly formed districts may lead to legal complications

The Government of Telangana took up districts reorganisation for better administration and greater delivery of public goods and services to people and effective monitoring of development of areas comprised therein.

Accordingly as per the Telangana Districts Formation Act, 1974, and the Telangana Districts Formation Rules, 2016, under Section-3, the process of reorganisation is completed and now the State of Telangana consists of 31 districts. There is no dispute with regard to the powers of the State government for reorganisation and formation of new administrative territories.

Prior to the formation of State of Telangana, in integrated Andhra Pradesh, a Presidential Order was in implementation wherein total 23 districts were divided into 6 zones specifying the names of districts. Now the topic of debate is whether after formation of State of Telangana, the Presidential Order is intact.

In order to understand this, it needs to be understood that the then State of Andhra Pradesh, which was divided into six zones, has been divided and two separate states, segregating districts consisting of Zone-I to Zone-IV with 13 districts as State of Andhra Pradesh and Zone-V and Zone-VI with 10 districts as State of Telangana. Later on, through amendment some of the mandals of Khammam district have been included in State of Andhra Pradesh.

The Article-371(D) was to empower the President to issue orders providing for equitable opportunities and facilities for people belonging to different parts of the State of Andhra Pradesh with respect to matters relating to public employment and education.

In accordance with the Article-371(D), the Government of India issued the “Andhra Pradesh Public Employment (Organisation of Local Cadre and Regulation of Direct Recruitment) Order 1975.” Through the AP Reorganisation Act-2014 and with the formation of State of Telangana, it is not clear if the Reorganisation Act supresses the Presidential Order.

The Constitutional experts argue that there is every need to amend the Presidential Order with inclusion of title of State of Telangana. Even to withdraw/abolish it also, it needs to undergo Constitutional procedures, which need a resolution of the Legislative Assembly of Telangana State to be passed in both the houses of the Parliament or at least an Executive Order of the President of India.

In either case, the involvement of Government of India/President of India is must for amendment or abolishing the Presidential Order which governs the AP Public Employment Order-1975.

This is a Constitutional hitch in giving employment and even taking up the exercise of general transfers. As far as State cadre transfers are concerned, there will not be any legal hindrance to undertake exercise of transfers but for zonal/districtcadre posts, transfers in accordance with the newly formed districts may lead to legal complications.

The erstwhile jurisdiction or zonal jurisdiction should be maintained while exercising the transfer of employees as the Presidential Order is still intact.

By: Syed Saleemuddin
(Writer is Former Assistant Director (Retired), Directorate of Economics and Statistics, Government of Telangana)