Rc.No.999/Estt.2-1/2014 Dated:07-12-2018 Sub:- School Education - Certain Full Additional Charge arrangements made to the vacant posts of MEO's after passing of status quo orders by Hon'ble High court dated Dt. 22-09-2017 in W.P.Nos. 32717 & 32738 of 2017 - Cancellation Orders. Issued - Reg. Regional Joint Directors of School Education in the State are requested to keep the neighboring mandal MEOs as FAC's for the vacant post of MEO.
FAC MEO to Nearby Mandal MEO for Vacant MEO Posts in AP Rc 999
Read:-- 1.CSE Procs.Rc.No.999/Estt.2-1/2014, Dated:03-08-2018.
- 2. CSE Procs.Rc.No.999/Estt. 2-1/2014, Dated:25-09-2018
- 3. Orders of the Hon'ble High Court in C.C.No. 1100/2003 In W.P.No.8953/2000 dated:9.6.2017.
- 4. Orders of the Hon'ble High court in W.P.32717 of 2017 and W.P.32738 of 2017 dated 7.2.2018.
- That the Government of Andhra Pradesh, issued G.O.Ms.No.505, dated 16.11.1998 and G.O.Ms.No.538, dated 20.11.1998 for integration of services of the Teachers working in Government and Zilla Parishad. The said Government orders were challenged before the Hon'ble Courts, ultimately resulting into issuance of Ordinance 12 of 2005 and Act No. 27 of 2005.
- That subsequently Act No.27 of 2005 was challenged and the litigation went up to Hon'ble Supreme court vide SLP.No.88874 of 2007. The Hon'ble Supreme Court granted Status Quo Orders on 20.7.2009. While so in the Department some vacancies were arose out of superar fuation, promotion, etc. In order to ensure proper supervision over various field level activities, including, inspections, visits, conduct of regular Assessments, SSC examinations, Teacher Training, delivery of Mid Day Meal, improve the academic standards etc, the Government of Andhra Pradesh have made temporary in-charge arrangements.
- That Contempt proceedings vide CC. No. 1400 of 2003 were initiated against the above mentioned FAC orders for the vacant posts of M.E.O on the ground of disobedience of the orders of the Hon'ble High court orders dated 18.9.2003 in W.P.8953/2000. The same was challenged by the State of A.P. before the Hon'ble Supreme Court vide SLP.No.35880 of 2011; CA.No.48784885/2009 were heard together and while dismissing the appeals on 30.9.2015 the Hon ble Supreme court has passed the orders giving liberty to the State Government to send a proposal to the Union of India obtaining the approval of the President of India to integrate the teacher of the Panchayat Samitis and the Zilla Parishads, who are also Government Servants with the existing local cadres of Teachers.
- That accordingly, the Government of India submitted proposals before the Hon ble President of India and His Excellency passed amendment to Article 371-D with retrospective effect vide G.S.R. 636(E) dated 23.6.2017 and G.S.R. 638(E) dated 23.6.2017, vide amending the Andhra Pradesh Public Employment Organization of Local cadres and regulation of Direct Recruitment) Order, 1975 with retrospective effect from 16.11.1998 bringing into the ambit of the said arder Mandal Educational Officer, Head Master and Head Mistress in Government and Zilla Parishad High Schools, Mandal Parsihad and Government Schools. That pursuant thereto, the Government of Andhra Pradesh issued Notification in the Andhra Pradesh Gazette dated 04.7.2017 under G.O.Ms.No.81 & 82, General Administration (SPFEMC), dated 4.7.2017 giving effect to the said amendment.
- That challenging the amendment dated 23.6.2017, Government teachers approached the Hon'ble APAT vide OA.2670 of 2017 E OA.2671 of 2017 when the Hon'ble APAT refused to grant stay on implementation of amendment brought to the Presidential order then appcal has been moved before the Hon'ble High court vide WP.32717 of 2017 and W.P.No.32738 of 2017 and the Hon'ble High Court while disposing the Writ petitions granted status quo" on 7.2.2018 and directed APAT to dispose of OA's pending before it.
- That, as some vacancies were arose out of Superannuation, promotion, etc in the post of MEO's and it will be difficult to ensure proper supervision over various field level activities like payment of salaries to teachers, schools inspections, SSC examinations, Teacher Training, delivery of Mid Day Meal etc. All the Regional Joint Directors of School Education in the State vide reference 1 red above certain instructions I s been issued to keep senior most Headmasters waring in the respective mandals as FAC to the post of Mandal Educational Officer. Further if the Headmasters are not available within the respective mandal, the Senior most Headmasters working in neighboring Mandal may be kept as FAC to the post of Mandal Educational Officers, which is purely temporary basis.
- That for non-obedience of the orders of the Hon'ble High court in W.P.8953 of 2000 dated 18.9.2003 contempt cases were filed vide CC.No. 1400 of 2003 and CC.NO.244 of 2017, when the matters have come up for hearing before the Hon'ble High Court on 16.11.2018. The Hon'ble High Court has taken a serious view of the FAC arrangements made by the Government and also observed that as the Hon'ble High court granted status quo in W.P.No.32717 of 2017 & 32738 of 2017 no further orders can be made.
- Accordingly, Regional Joint Directors of Schools Education in the state of AP is directed to cancel whatever FAC arrangements made to Head Masters basing on their seniority after "Status Quo orders of Hon'ble High Court, Dt. 22-09-2017 in W.P.Nos. 32717 & 32738 of 2017 forthwith. Further the Regional Joint Directors of School Education in the State are requested to keep the neighboring mandal MEOs as FAC's for the vacant post of MEO.
