M KESAVULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Assailing the validity of G.O. Ms. No.505 Education Department dated 11.11.1998 and G.O. Ms. No.538 Education Department dated 26.11.1998, several O.As. were filed by the teachers working in Government Schools and also the Mandal Educational Officers Association. The challenge is made to the alleged integration of the services of the teaching staff working in the Government schools with that of the schools under the control of the Zilla Parishads and Panchayat Samithies.

(2.) Few facts are necessary to appreciate the matter in a more detailed manner. In the erstwhile Andhra State, all the schools in the State were established by the Government under the control of the Education Department. However, consequent on the formation of Zilla Parishads and Panchayat Samithies, the schools which were hitherto maintained by the District Boards in the Andhra area were taken over by the Zilla Parishads along with the staff in 1959. As far as Telangana Area is concerned, prior to the formation of Zilla Parishads and Panchayat Samithies schools were established and managed by the Education Department. However, after formation of the Zilla Parishads and Panchayat Samithies schools which were under the control of the Government were transferred to Zilla Parishads and Panchayat Samithies along with the staff. The teachers working in the Government schools were governed by the Andhra Pradesh Educational Subordinate Service Rules under G.O. Ms. No.728, dated 10.1.1962. The post of Head Master which was later included in the Educational services were governed by the rules under G.O. Ms. No.259. So also in respect of the teachers working in the Zilla Parishads and Panchayat Samithies schools were governed by the Service Rules under G.O. Ms. No.936, dated 17.7.1962 and G.O. Ms. No.33, dated 25.1.1966. Therefore, the services in the Government schools and Zilla Parishads and Panchayat Samithies schools were being regulated by different Service Rules.

(3.) While so, in the year 1975, the President of India in exercise of the powers conferred under Clauses 1 and 2 of Article 371-D of the Constitution of India issued the Order in Andhra Pradesh Public Employment (Organisation of Local Cadres Regulation of Direct Recruitment) Order, 1975 (Hereinafter called the "Presidential Order" for brevity). Under para 3 of the said Order, teaching staff and others in Education Department were organised into local cadre under G.O. Ms. No.529, dated 14.4.1976. However, no local cadre was organised in respect of the teachers working in the Zilla Parishads and Panchayat Samithies schools. On the representation of the Service Associations representing the teachers in the aforesaid Zilla Parishads and Panchayat Samithies schools, the Government issued Orders in G.O. Ms. No. 168, dated 20.3.1981 provincialising the service of employees in Panchayat Raj including the teachers. Accordingly, Ordinance No.20 of 1981 was issued which subsequently became Act No.34 of 1981. Under the said enactment, the officers and servants appointed under the A.P. Panchayat Samithies and Zilla Parishads were treated as civil servants and holders of civil posts under the State. Consequently, appropriate amendments were brought to A.P. Panchayat Samithies and Zilla Parishads Act empowering the Government to create posts of such officers and employees to carry out the purpose of the Act, which was hitherto within the Province of Zilla Parishads and Panchayat Samithies. Further, salary and allowances of the employees is being paid by the Government from the consolidated fund of the State. The employees continued to hold the civil posts subject to rules made under Article 309 of the Constitution of India. Accordingly, the Government issued G.O. Ms. No. 155, dated 1.3.1983 making applicability of A.P. State and Subordinate Service Rules to the employees specified under Sections 26 and 51 of Zilla Parishads and Panchayat Samithies Act. In G.O. Ms. No. 156, dated 1.3.1983, the Andhra Pradesh Civil Services (Conduct) Rules were made applicable to the said employees. It is relevant to note that the teachers in Government schools were already covered by A.P. Educational Subordinate Service, issued by the Education Department in G.O. Ms. No.78, dated 10.1.1962. Consequent on the provincialisation of the Service of the Employees under the Zilla Parishads and Panchayat Samithies and keeping in view the provisions of the Andhra Pradesh Education Act, the Government issued Rules under proviso to Article 309 of the Constitution of India governing the service conditions of the teachers working in the Panchayat Samithies and Zilla Parishads in G.O. Ms. No.278, dated 2-6-1983 by way of amendment to the Andhra Pradesh Educational Subordinate Service issued in G.O. Ms. No.78. Therefore, by virtue of the said rules, the conditions of service for teachers working in the Government schools and teachers working in Panchayat Samithies and Zilla Parishads came to be governed by one G.O. in the consolidated rules contained in G.O.Ms.No.278, dated 10-1-1968. However, these two services were kept separately as watertight units for the purpose of appointment, transfer and promotion. Consequent on the 73 amendment of the Constitution in 1992, giving more powers to the local Government agencies, the State brought into effect a comprehensive Legislation Andhra Pradesh Panchayat Raj Act, 1994 replacing the Andhra Pradesh Mandal Parishads and Zilla Parishads Act, 1986 which repealed A.P. Panchayat Samithies and Zilla Parishads Act, 1959. But, however, the amended Act has no effect on the service conditions of the employees.