RAMADEVI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Petitioners, 16 in number, belonging to the City Grandhalaya Samstha, Hyderabad, riled this writ petition challenging the validity of the Rules framed by the Government under G.O. Ms. No. 1127, Education dated 28-9-1981 and G.O. Ms. No. 674, Education dated 21-3-1967 wherein promotions from various categories are sought to be effected either by way of transfer or by direct recruitment which deprived the petitioners' chances of promotion in usual course.

(2.) The brief facts of the case are that the petitioners were appointed ia the City Grandhalaya Samastha in various categories such as Librarian Grade III, Record Assistant and so forth. They are making a grievance of the Rules framed by the Govrnment under Section 9 of the Andhra Pradesh Public Libraries Act, 1960.

(3.) The main question that falls for determination in this writ petition is not the vires of the provision under which the Government framed the Rules but the preliminary hurdle viz,, whether the City Grandhalaya Sainstha is a Local Authority" or not within th meaning of the Presidential Order issued under Article 371-D of the Constitution of India, The point is if the City Grandbalaya Samstha is reckoned as a "Local Authority" then the issue involved herein will have to be decided by the Andhra Pradesh Administrative Tribunal constituted within the meaning of Article 371-D of the Constitution, Therefore, coming straight away to the point in issue, the relevant constitutional as well as the statutory provisions may be set out. Article 371-D reads as follows :