Basing on the Judgement of O.A.No.6775 of 2014with VMA.Nos.213/2015 & 67/2015 & CA.No.94/2015 of APAT, CSE has permitted for Half Pay Leave Encashment of a Teacher who was retired after 2010 vide Rc 118/Pension-1/2012 Dated 23/8/2017. Half Pay Leave Encashment for ZP Teachers after 2010 Retirement Rc 118. Encashment of Half Pay Leave - Honorable APAT Hyderabad Orders Dated 30.12.2015 in O.A.No.6775 of 2014with VMA.Nos.213/2015 & 67/2015 & CA.No.94/2015 filed by Sri N Narasimha Murthy Retd PSHM, Mandal Praja Parishad Primary School, Munganda, Gannavaram Mandal, East Godavari.
BETWEEN
N.Narasimha Murthy, S/o N.Subba Rao, aged 59 years, PSHM(LFL), M.P.P.P.School, Munganda, P.Gannavaram(Mandal), East Godavari District. R/o 2-183, Ambedkar Nagar, Nandampudi, Ambajipeta Mandal, East Godavari District.
....APPLICANT in O.A. and C.A/ RESPONDENT IN BOTH VMAs
(BY MR. VEERABHADRA REDDY.P., ADVOCATE)
AND
Half Pay Leave Encashment for ZP Teachers retired after 2010 Rc 118
- While enclosing a copy of the reference of GO 148 The District Educational Officer, East Godavari District is requested to implement the judgement delivered by the Honble APAT Hyderabad in O.A.No.6775 of 2014with VMA.Nos.213/2015 & 67/2015 & CA.No.94/2015 filed by Sri N Narasimha Murthy, Retd PSHM, MPP School, Munganda, P Gannavaram Mandal, East Godavari as per GO Ms No 148 Finance Department Dated 21.8.2017 without any further delay so as to enable to avoid further legal complications in the matter.
Judgement of OA No 6775 of APAT Half Pay Leave Encashment of ZP Teachers
IN THE ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL :: AT HYDERABAD
WEDNESDAY,THE THIRTIETH DAY OF DECEMBER ,TWO THOUSAND AND FIFTEEN
::PRESENT::
HON'BLE SRI MOTUPALLI VIJAYA KUMAR, MEMBER (JUDL.)
(Constituting as a Bench U/s 5(6) of the Administrative Tribunals Act,1985)
O.A.No.6775 of 2014with VMA.Nos.213/2015 & 67/2015 & CA.No.94/2015
N.Narasimha Murthy, S/o N.Subba Rao, aged 59 years, PSHM(LFL), M.P.P.P.School, Munganda, P.Gannavaram(Mandal), East Godavari District. R/o 2-183, Ambedkar Nagar, Nandampudi, Ambajipeta Mandal, East Godavari District.
....APPLICANT in O.A. and C.A/ RESPONDENT IN BOTH VMAs
(BY MR. VEERABHADRA REDDY.P., ADVOCATE)
AND
- The District Educational Officer, East Godavari District at Kakinada.
- The Commissioner & Director of School Education, Andhra Pradesh, Hyderabad.
- The Government of Andhra Pradesh, rep.by.its Principal Secretary, School Education Department, Secretariat, Hyderabad.
- The Government of Andhra Pradesh, rep.by.its Principal Secretary, Finance Department, Secretariat, Hyderabad.
- The Director of Treasuries and Accounts, Andhra Pradesh, Hyderabad.
- The Deputy; Director of Treasuries and Accounts, East Godavari District, at Kakinada.
- The Mandal Educational Officer, P.Gannavaram Mandal, East Godavari District.
- The Sub Treasury Officer, Kothapeta(Mandal), East Godavari District.
RESPONDENTS/ APPLICANTS IN VMA.No.213/15 & RESPONDENTS/ APPLICANTS IN VMA.No.67/15
(BY GP FOR SCHOOL EDUCATION (SER.) FOR RESPONDENTS-1 to 3, &7)
(BY GP FOR F & P(SER.) FOR RESPONDENTS-5,6 8)
Contd.....
Application filed under Section 19 of the Administrative Tribunal Act 1985 paying this Tribunal to declare the impugned orders issued in Govt.Memo.No.7380/PE-Ser-1/2012 Education Department Dt:10.12.2012 that the orders issued in G.O.Ms.No.154 Finance(FR.I) Department Dt:4.5.2010 are not applicable to the employees of Panchayat raj Institution i.e. Zilla Parishat/ Mandal Parishat School as illegal, arbitrary, discriminatory, against the provisions of the A.P.State and subordinate service rules 1996, A.P.C.S(CC & A) Rules 1991 A.P.C.S.(Conduct) Rules 1964, Fundamental Rules, the Andhra Pradesh Public employment(Regulation of age of Superannuation) Act, 1984 and the law laid down by the Hon’ble A.P.A.T in O.A.No.4000/2007 dt:11.6.2010 and in O.A.No.12118/2009 dt:23.6.2011 and violation of Aritcles 14, 16 and 21 of the Constitution of India and set aside the same and consequently hold that the applicant is a Government Employee working in Panchayat Raj Institution i.e. M.P.P.P.School and entitled for encashment of Half pay Leave as per G.O.Ms.No.154 Finance(FR.I) Department, dt:4.5.2010 with all consequential benefits.
PRAYER IN C.A.No.94/15:- Application filed under Section 17 of the Administrative Tribunal Act 1985 read with Sections 10 to 12 of Contempt of Court Act 1971 praying this Tribunal to summon and punish the respondents herein for wilful disobedience in implementing the interim orders dt:28.1.2014 in O.A.No.6775/2014 of this Hon’ble Tribunal in the interest of Justice.
PRAYER IN VMA.No.213/15:- Application filed praying this Tribunal to vacate the interim orders granted in O.A.No.6775/2014 dt:28.11.2014.
PRAYER IN VMA.No.67/15:- Application filed praying this Tribunal to vacate the interim orders dt:28.11.2014 in O.A.no.6775/2014..
This Original Application along with C.A. and VMAs having come up for hearing today, the Tribunal made the following:
(BY GP FOR SCHOOL EDUCATION (SER.) FOR RESPONDENTS-1 to 3, &7)
(BY GP FOR F & P(SER.) FOR RESPONDENTS-5,6 8)
Contd.....
Application filed under Section 19 of the Administrative Tribunal Act 1985 paying this Tribunal to declare the impugned orders issued in Govt.Memo.No.7380/PE-Ser-1/2012 Education Department Dt:10.12.2012 that the orders issued in G.O.Ms.No.154 Finance(FR.I) Department Dt:4.5.2010 are not applicable to the employees of Panchayat raj Institution i.e. Zilla Parishat/ Mandal Parishat School as illegal, arbitrary, discriminatory, against the provisions of the A.P.State and subordinate service rules 1996, A.P.C.S(CC & A) Rules 1991 A.P.C.S.(Conduct) Rules 1964, Fundamental Rules, the Andhra Pradesh Public employment(Regulation of age of Superannuation) Act, 1984 and the law laid down by the Hon’ble A.P.A.T in O.A.No.4000/2007 dt:11.6.2010 and in O.A.No.12118/2009 dt:23.6.2011 and violation of Aritcles 14, 16 and 21 of the Constitution of India and set aside the same and consequently hold that the applicant is a Government Employee working in Panchayat Raj Institution i.e. M.P.P.P.School and entitled for encashment of Half pay Leave as per G.O.Ms.No.154 Finance(FR.I) Department, dt:4.5.2010 with all consequential benefits.
PRAYER IN C.A.No.94/15:- Application filed under Section 17 of the Administrative Tribunal Act 1985 read with Sections 10 to 12 of Contempt of Court Act 1971 praying this Tribunal to summon and punish the respondents herein for wilful disobedience in implementing the interim orders dt:28.1.2014 in O.A.No.6775/2014 of this Hon’ble Tribunal in the interest of Justice.
PRAYER IN VMA.No.213/15:- Application filed praying this Tribunal to vacate the interim orders granted in O.A.No.6775/2014 dt:28.11.2014.
PRAYER IN VMA.No.67/15:- Application filed praying this Tribunal to vacate the interim orders dt:28.11.2014 in O.A.no.6775/2014..
This Original Application along with C.A. and VMAs having come up for hearing today, the Tribunal made the following:
::ORDER::
- The applicant has filed this O.A., seeking to set aside the impugned Government Memo.No.7380/PE-Ser-1/2012 Education Department dated 10.12.2012 as illegal and arbitrary and consequently to hold that the applicant is a government employee working in Panchayat Raj institution i.e. M.P.P.P. School and is entitled for encashment of half pay leave as per G.O.Ms.No.154 Finance (FR.I) Department dated 04.05.2010 with all consequential benefits.
- 2. The applicant in this O.A. is a retired primary school LFL Headmaster. He was appointed and worked in the schools run by Z.P. and M.P. institutions. When the Pay Revisions were made periodically, revised pay scales were made applicable to him from time to time. In the recent Pay Revision, G.O.Ms.No.154 Finance (FR.I) Department dated 04.05.2010 was issued, permitting encashment of half pay leave for the State employees. However, the applicant was not given the said benefit. When he approached the respondents, he was informed vide Memo.No.7380/PE-Ser.I/2012 dated 10.12.2012, that the orders issued in G.O.Ms.No.342 dated 30.09.94, G.O.Ms.No.234 dated 27.10.99 and G.O.Ms.No.154 dated 04.05.2010 applies only to the Government employees but not to the Panchayat Raj and Municipal institutions and, therefore, the benefit of encashment of half pay leave is not extended to the teachers working in Z.P. schools. The counsel for the applicant contends that the employees working in Z.P. institutions and PR institutions including M.P. schools are all government employees and he relied upon the various judgments of the Supreme Court and also the enactments made by the State in this regard.
- 3. A counter affidavit is filed by the Deputy Director, District Treasury Office, Kakinada, taking the same plea that in view of the Memo. issued by the Government dated 10.12.2012, the Panchayat Raj and Municipal Institutions, Z.P. and M.P. Institutions, do not come under the purview of the pay revision commission and, therefore, the employees of these institutions are excluded from the operation of G.O.Ms.No.154 dated 04.05.2010. Similarly, the DEO, East Godavari district also filed a counter affidavit to the said effect.
- 4. Heard both sides.
- 5. This Court had an occasion to deal with the issue whether the employees including teachers of the Panchayat Raj and Municipal institutions, Z.P. and M.P. Institutions are government servants or not and it was held by this Court in O.A.No.1668/2015 and batch dt. 15-12-2015 that the employees including teachers of the Panchayat Raj and Zilla Parishad institutions are government servants. So, in view of the same, the said issue is held in favour of the applicant in the present case also and consequently, the impugned Government Memo.No.7380/PE-Ser-1/2012 Education Department dated 10.12.2012 is set aside and the respondents are directed to allow the applicant to encash the half pay leave in terms of G.O.Ms.No.154 dated 04.05.2010 with all consequential benefits.
- 6. The O.A. is accordingly allowed. V.M.As. are dismissed. C.A. is closed. No costs.
