WRIT PETITION Nos.30879 and 30917 of 2022 Date : 29 .09.2022 Court is of the considered view that, directing the respondents not to proceed further in pursuance of the G.O.Ms.No.154, dated 16.09.2022, till 20.10.2022.Post these matters on 20.10.2022. Vide G.O.Ms.No.154, dated 16.09.2022, the Government, accorded permission for creation of (i) 13 MEO-I posts and (ii) 679 MEO II posts at Annexure-I for effective monitoring of the academic and non-academic activities, duly suppressing the (1145) vacant Craft Art/ Drawing teacher posts.
Learned Special Government Pleader represented that they have filed counters in the Registry and served copies of the same on the learned counsel for the petitioners. But same are not available on record and the Special Government Pleader supplied a copy across the Bench for arguing the case.
On earlier occasion these matters were listed on 21.09.2022 before this Court and this Court passed the order, as under:
Heard Sri Manoj Kumar Bethapudi, learned counsel for the petitioners and Sri Kasa Jagan Mohan Reddy, learned Special Government Pleader on behalf of the un-official respondent.
Learned special Government Pleader submits that the matters are pertaining to a policy decision taken by the government and the same has to be posted before the Division Bench for adjudication.
In view of the urgency expressed by the petitioners, post the matter on 27.09.2022 before the Division Bench, after obtaining necessary orders from the Hon’ble the Chief Justice.”
Thereafter, the Registry, after obtaining the permission from the Hon’ble the Chief Justice, the matters were posted before the Division Bench consisting of Hon’ble the Chief Justice & Hon’ble D.V.S. Somayajulu on 29.09.2022 and the Division Bench of this Court has passed the order, as under:
“In this writ petition, challenge is made to the validity of G.O.Ms.No.154, dated 16.09.2022 issued by the State Government according permission for creation of (i) 13 MEO-I posts and (ii) 679 MEO-II posts for effective monitoring of the academic and non-academic activities.
The above challenge is not in respect of the constitutional validity of any statutory provisions or any rule framed under Article 309 of the Constitution of India. This mater requires to be heard by single Bench.
Post this mater on 30.09.2022 before the single Bench having roster.”
In view of the above direction, the matters are listed today before this Court for hearing.
Heard the arguments of learned Senior Counsel Mr. Manoj Kumar Bethapudi and Mr. Pratap Narayan Sanghi, learned Senior Counsel representing Mr. Avadesh Narayan Sanghi, learned counsels appearing for the petitioners and Mr. Kasa Jagan Mohan Reddy, learned Special Government Pleader appearing for the respondents.
On hearing, learned Special Government Pleader Mr. Kasa Jagan Mohan Reddy, while arguing the matter, this Court raised a query that whether the Presidential Order is required for creation of posts or not? Then, the said Mr. Kasa Jagan Mohan Reddy, unwantedly and unwarrantly made comments on the Court which is highly objectionable. So this Court feels that it is very unfortunate that the Government Advocates are arguing the matters in similar passion. It is not advisable to argue like that and it is not correct on their profession also. However the Court went on to conclude the matters on merits.
The present writ petitions are filed to declare the G.O.Ms.No.154 dated 16.09.2022 issued by the 1st respondent as illegal and arbitrary.
The case of the petitioners is that, in order to provide promotional avenues and to harmonize the services of the Teachers working in Zilla Parishads/ Mandal Parishads the Government has issued Rules integrating the services of Teachers belonging to Zilla Parishad/Mandal Parishad along with Teachers working in Government Schools by issuing in G.O.Ms.No.538, dated 20.11.1998 and the said G.O. was declared as ultravires the Presidential Order and was quashed by a Division Bench of this Court in M. Keshavulu vs. State of A.P. (2003(6) ALD 522). The same was questioned before the Hon’ble Apex Court and initially there was an interim stay on 25.10.2004. therefore, in view of the stay, the Government had taken resort to method of ordinance again for same integration of the posts of Teachers of Zilla Parishad/ Mandal Parishad into Teachers of Government Schools which was also challenged initially in APAT and Tribunal has quashed certain provisions of the ordinance as ultra virus Presidential Order and again the matter was carried before Division Bench of this Court and considered the same at length in Government of AP and others vs. P.Vema Reddy and others (2007(4)ALD 209).
It is further stated that, in this back ground, the said amendments to the Presidential Order was challenged before the APAT in O.A.Nos.2670 and 2671 of 2017 (now renumbered as W.P.(AT) No.1113, 1114 of 2021) which are pending for adjudication before the Court. Since the APAT refused to pass interim orders, the same was challenged before this Court vide WP Nos.32717, 32738 of 2017 and the same were disposed of vide order dated 07.02.2018 directed the order of status quo passed by a Division Bench on 22.09.2017 at the admission stage be continued during the pendency of O.A. However, the two OAs were pending adjudication. It is also stated that the Division Bench in the case of Government of A P vs P. Vema Reddy (supra) categorically held that in view of para 3(1) of the Presidential Order, the State Government had no longer got the power to organize classes of post in Civil Services of the State after expiry of 27 months after promulgation of the Presidential Order.
It is also stated that in the garb of creating the two posts i.e., MEO-I and MEO-II the petitioners reliably learnt and believe the same to be true that the respondents are contemplating to regularize the services of those MEOs belonging to Government service, who are holding the posts on FAC basis. The reason is that recently about 250 Head Masters working in Government Schools were placed on FAC basis in the posts of MEOs, while out-rightly denying the consideration of senior most Head Masters working in Zilla Parishad High Schools. The petitioners will be deprived of their chances of posting and promotion to the post of MEO available in the Rules as on today. Therefore, unless this Court suspends the operationofG.O.Ms.No.154, dated 16.09.2022 the petitioners will be put to great hardship and irreparable loss. Hence, the writ petitions.
Counter affidavit is filed by the 2nd respondent denying all the allegations made in the petition and contended that the very apprehension of the petitions is that the respondents, ma, regularize the services of those MEOs, belonging to Government service, who are presently holding the posts of FAC basis, in such an event the petitioners will be deprived of their chances of posting and promotion to the posts of MEO available in the rules as on today., is only an assumption, and in fact by creating more posts of MEOs, the 1st respondent facilitated the clearance of stagnation caused by prolonged litigation. As such, there is no reason or cause to file the present writ petitions. On the other hand, if the Government order is suspended, the administration of the school education, will be affected adversely. In furtherance of the policy to reform and revamp the school education system and to meet the requirements of the reforms introduced in School Education department, the monitoring system at the field level has become vital. The 1st respondent according permission for creation of the MEO posts, by issuing the impugned order, to resolve the long pending problems and to augment the promotional avenues of the stagnated teachers and as such, the writs are liable to be dismissed.
In a case of Hon’ble Supreme Court reported in Government of A.P. and others Versus P. Vema Reddy and others (cited supra), wherein it was held that:
While furnishing information to the Central Government, in its letter dated 18-03-2005, the Government of A.P. informed them that if the President of India permitted teachers working in Panchayat Raj institutions to be organized into local cadres, and they were integrated with government teachers, the S.L.Ps. pending before the Supreme Court would become infructuous and, therefore, there was no legal objection to issuing the proposed orders. Concurrence of the Government of India was sought to enable the State Government to organize the teaching and non-teaching staff of zilla parishad and mandal parishad schools into local cadres
It is only to the limited extent that the State is divested of the power to abolish local cadres, without prior approval of the President, must it be held that exercise of the power by the State by legislation, plenary or subordinate, to abolish cadres, which have been organized into local cadres, is curtailed. The submission of the learned Advocate General that the Presidential Order, neither explicitly nor by necessary implication, necessitates an inference that the State's power to abolish cadres, which have been organized into local cadres, is curtailed does not merit acceptance.
As long as the local cadre is not interfered with, it is always open to the State to create new cadres and to abolish such cadres, subject to constitutional limitations, since, in the absence of power being exercised by the President, under the proviso to Para 3(1), these newly created cadres would not fall within the purview of the Presidential Order.
While the State has the inherent power to create and abolish cadres in civil services under the State, it does not have the power on its own, without being required by the President to do so, to either organize the newly created cadres into local cadres or to abolish cadres which hitherto were organized into local cadres;
Since the State does not have power to abolish local cadres without the President requiring it to do so, and as the President has not so required till date, Section 3(1) and Section 4(1) of Act 27 of 2005 which abolishes cadres of teachers in government schools and other employees in the school education department of the government, which had been organized into local cadres in G.O.Ms. No. 529 dated 14-5-1976, is ultravires the Presidential Order and is liable to be struck down.
In similar circumstances, the Presidential order is very necessary.
As seen from the impugned G.O.Ms.No.154, dated 16.09.2022, wherein it is mentioned that, the Government, after careful examination of the matter, hereby accord permission for creation of (i) 13 MEO-I posts and (ii) 679 MEO II posts at Annexure-I for effective monitoring of the academic and non-academic activities, duly suppressing the (1145) vacant Craft Art/ Drawing teacher posts at annexure-II appended to this order.
So, on perusing the same, it is observed that there is no such consent even Special Government Pleader also not given any exact status to that extent while arguing the matter and not answered to the query raised by this Court that in exercise of the powers conferred by clauses (1) and(2) of the Article 371 D of the Constitution of India, the President hereby makes the following order further to amend the Andhra Pradesh Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment ) Order 1975 and further he vehemently opposed for grant of any interim relief in these matters.
In view of the above facts and circumstances, this Court is of the considered view that, directing the respondents not to proceed further in pursuance of the G.O.Ms.No.154, dated 16.09.2022, till 20.10.2022.
Post these matters on 20.10.2022
DR. K. MANMADHA RAO, J.
Date : 30 -09-2022
Note : C.C. today
(b/o)
HON’BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION Nos.30879 and 30917 of 2022 Date : 29 .09.2022
Download the AP High Court Order Copy
High Court Order NOT to proceed further in pursuance of the G.O.Ms.No.154
HON’BLE DR. JUSTICE K. MANMADHA RAO W.P.Nos. 30879 and 30917 of 2022
COMMON ORDER :
COMMON ORDER :
When the matters were called in the Forenoon, the learned special Government Pleader Mr. Kasa Jagan Mohan Reddy, requested and represented that they are going to file counters and the matters may be taken by 2.15 PM. Accordingly, these matters are kept aside and instructed the Court Officer to call these matters at 2.15 PM. Accordingly, the matters were called in the afternoon at 2.15 PM.
Learned Special Government Pleader represented that they have filed counters in the Registry and served copies of the same on the learned counsel for the petitioners. But same are not available on record and the Special Government Pleader supplied a copy across the Bench for arguing the case.
On earlier occasion these matters were listed on 21.09.2022 before this Court and this Court passed the order, as under:
Heard Sri Manoj Kumar Bethapudi, learned counsel for the petitioners and Sri Kasa Jagan Mohan Reddy, learned Special Government Pleader on behalf of the un-official respondent.
Learned special Government Pleader submits that the matters are pertaining to a policy decision taken by the government and the same has to be posted before the Division Bench for adjudication.
In view of the urgency expressed by the petitioners, post the matter on 27.09.2022 before the Division Bench, after obtaining necessary orders from the Hon’ble the Chief Justice.”
Thereafter, the Registry, after obtaining the permission from the Hon’ble the Chief Justice, the matters were posted before the Division Bench consisting of Hon’ble the Chief Justice & Hon’ble D.V.S. Somayajulu on 29.09.2022 and the Division Bench of this Court has passed the order, as under:
“In this writ petition, challenge is made to the validity of G.O.Ms.No.154, dated 16.09.2022 issued by the State Government according permission for creation of (i) 13 MEO-I posts and (ii) 679 MEO-II posts for effective monitoring of the academic and non-academic activities.
The above challenge is not in respect of the constitutional validity of any statutory provisions or any rule framed under Article 309 of the Constitution of India. This mater requires to be heard by single Bench.
Post this mater on 30.09.2022 before the single Bench having roster.”
In view of the above direction, the matters are listed today before this Court for hearing.
Heard the arguments of learned Senior Counsel Mr. Manoj Kumar Bethapudi and Mr. Pratap Narayan Sanghi, learned Senior Counsel representing Mr. Avadesh Narayan Sanghi, learned counsels appearing for the petitioners and Mr. Kasa Jagan Mohan Reddy, learned Special Government Pleader appearing for the respondents.
On hearing, learned Special Government Pleader Mr. Kasa Jagan Mohan Reddy, while arguing the matter, this Court raised a query that whether the Presidential Order is required for creation of posts or not? Then, the said Mr. Kasa Jagan Mohan Reddy, unwantedly and unwarrantly made comments on the Court which is highly objectionable. So this Court feels that it is very unfortunate that the Government Advocates are arguing the matters in similar passion. It is not advisable to argue like that and it is not correct on their profession also. However the Court went on to conclude the matters on merits.
The present writ petitions are filed to declare the G.O.Ms.No.154 dated 16.09.2022 issued by the 1st respondent as illegal and arbitrary.
The case of the petitioners is that, in order to provide promotional avenues and to harmonize the services of the Teachers working in Zilla Parishads/ Mandal Parishads the Government has issued Rules integrating the services of Teachers belonging to Zilla Parishad/Mandal Parishad along with Teachers working in Government Schools by issuing in G.O.Ms.No.538, dated 20.11.1998 and the said G.O. was declared as ultravires the Presidential Order and was quashed by a Division Bench of this Court in M. Keshavulu vs. State of A.P. (2003(6) ALD 522). The same was questioned before the Hon’ble Apex Court and initially there was an interim stay on 25.10.2004. therefore, in view of the stay, the Government had taken resort to method of ordinance again for same integration of the posts of Teachers of Zilla Parishad/ Mandal Parishad into Teachers of Government Schools which was also challenged initially in APAT and Tribunal has quashed certain provisions of the ordinance as ultra virus Presidential Order and again the matter was carried before Division Bench of this Court and considered the same at length in Government of AP and others vs. P.Vema Reddy and others (2007(4)ALD 209).
It is further stated that, in this back ground, the said amendments to the Presidential Order was challenged before the APAT in O.A.Nos.2670 and 2671 of 2017 (now renumbered as W.P.(AT) No.1113, 1114 of 2021) which are pending for adjudication before the Court. Since the APAT refused to pass interim orders, the same was challenged before this Court vide WP Nos.32717, 32738 of 2017 and the same were disposed of vide order dated 07.02.2018 directed the order of status quo passed by a Division Bench on 22.09.2017 at the admission stage be continued during the pendency of O.A. However, the two OAs were pending adjudication. It is also stated that the Division Bench in the case of Government of A P vs P. Vema Reddy (supra) categorically held that in view of para 3(1) of the Presidential Order, the State Government had no longer got the power to organize classes of post in Civil Services of the State after expiry of 27 months after promulgation of the Presidential Order.
It is also stated that in the garb of creating the two posts i.e., MEO-I and MEO-II the petitioners reliably learnt and believe the same to be true that the respondents are contemplating to regularize the services of those MEOs belonging to Government service, who are holding the posts on FAC basis. The reason is that recently about 250 Head Masters working in Government Schools were placed on FAC basis in the posts of MEOs, while out-rightly denying the consideration of senior most Head Masters working in Zilla Parishad High Schools. The petitioners will be deprived of their chances of posting and promotion to the post of MEO available in the Rules as on today. Therefore, unless this Court suspends the operationofG.O.Ms.No.154, dated 16.09.2022 the petitioners will be put to great hardship and irreparable loss. Hence, the writ petitions.
Counter affidavit is filed by the 2nd respondent denying all the allegations made in the petition and contended that the very apprehension of the petitions is that the respondents, ma, regularize the services of those MEOs, belonging to Government service, who are presently holding the posts of FAC basis, in such an event the petitioners will be deprived of their chances of posting and promotion to the posts of MEO available in the rules as on today., is only an assumption, and in fact by creating more posts of MEOs, the 1st respondent facilitated the clearance of stagnation caused by prolonged litigation. As such, there is no reason or cause to file the present writ petitions. On the other hand, if the Government order is suspended, the administration of the school education, will be affected adversely. In furtherance of the policy to reform and revamp the school education system and to meet the requirements of the reforms introduced in School Education department, the monitoring system at the field level has become vital. The 1st respondent according permission for creation of the MEO posts, by issuing the impugned order, to resolve the long pending problems and to augment the promotional avenues of the stagnated teachers and as such, the writs are liable to be dismissed.
In a case of Hon’ble Supreme Court reported in Government of A.P. and others Versus P. Vema Reddy and others (cited supra), wherein it was held that:
While furnishing information to the Central Government, in its letter dated 18-03-2005, the Government of A.P. informed them that if the President of India permitted teachers working in Panchayat Raj institutions to be organized into local cadres, and they were integrated with government teachers, the S.L.Ps. pending before the Supreme Court would become infructuous and, therefore, there was no legal objection to issuing the proposed orders. Concurrence of the Government of India was sought to enable the State Government to organize the teaching and non-teaching staff of zilla parishad and mandal parishad schools into local cadres
It is only to the limited extent that the State is divested of the power to abolish local cadres, without prior approval of the President, must it be held that exercise of the power by the State by legislation, plenary or subordinate, to abolish cadres, which have been organized into local cadres, is curtailed. The submission of the learned Advocate General that the Presidential Order, neither explicitly nor by necessary implication, necessitates an inference that the State's power to abolish cadres, which have been organized into local cadres, is curtailed does not merit acceptance.
As long as the local cadre is not interfered with, it is always open to the State to create new cadres and to abolish such cadres, subject to constitutional limitations, since, in the absence of power being exercised by the President, under the proviso to Para 3(1), these newly created cadres would not fall within the purview of the Presidential Order.
While the State has the inherent power to create and abolish cadres in civil services under the State, it does not have the power on its own, without being required by the President to do so, to either organize the newly created cadres into local cadres or to abolish cadres which hitherto were organized into local cadres;
Since the State does not have power to abolish local cadres without the President requiring it to do so, and as the President has not so required till date, Section 3(1) and Section 4(1) of Act 27 of 2005 which abolishes cadres of teachers in government schools and other employees in the school education department of the government, which had been organized into local cadres in G.O.Ms. No. 529 dated 14-5-1976, is ultravires the Presidential Order and is liable to be struck down.
In similar circumstances, the Presidential order is very necessary.
As seen from the impugned G.O.Ms.No.154, dated 16.09.2022, wherein it is mentioned that, the Government, after careful examination of the matter, hereby accord permission for creation of (i) 13 MEO-I posts and (ii) 679 MEO II posts at Annexure-I for effective monitoring of the academic and non-academic activities, duly suppressing the (1145) vacant Craft Art/ Drawing teacher posts at annexure-II appended to this order.
So, on perusing the same, it is observed that there is no such consent even Special Government Pleader also not given any exact status to that extent while arguing the matter and not answered to the query raised by this Court that in exercise of the powers conferred by clauses (1) and(2) of the Article 371 D of the Constitution of India, the President hereby makes the following order further to amend the Andhra Pradesh Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment ) Order 1975 and further he vehemently opposed for grant of any interim relief in these matters.
In view of the above facts and circumstances, this Court is of the considered view that, directing the respondents not to proceed further in pursuance of the G.O.Ms.No.154, dated 16.09.2022, till 20.10.2022.
Post these matters on 20.10.2022
DR. K. MANMADHA RAO, J.
Date : 30 -09-2022
Note : C.C. today
(b/o)
HON’BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION Nos.30879 and 30917 of 2022 Date : 29 .09.2022
