LAWS(APH)-1994-7-33

JAYANTHIPURAM GRAM Vs. KRISHNA MACHILIPATNAM

Decided On July 29, 1994
JAYANTHIPURAM GRAM Appellant
V/S
KRISHNA MACHILIPATNAM Respondents

JUDGEMENT

(1.) These writ petitions have been filed by the Sarpanches of various Gram Panchayats. The point canvassed by the learned counsel for the petitioners is that the employees who were appointed by the petitioners are not being paid salaries as the funds are not being released by the District Collector.

(2.) The learned Assistant Government Pleader, appearing for the respondents, contends that such of those aggrieved employees, who are not paid salaries, have already invoked the jurisdiction of Andhra Pradesh Administrative Tribunal for 1. These writ petitions have been filed by the Sarpanches of various Gram Panchayats. The point canvassed by the learned counsel for the petitioners is that the employees who were appointed by the petitioners are not being paid salaries as the funds are not being released by the District Collector. 2. The learned Assistant Government Pleader, appearing for the respondents, contends that such of those aggrieved employees, who are not paid salaries, have already invoked the jurisdiction of Andhra Pradesh Administrative Tribunal for vindicating their rights and that the is is pending there in several original applications, one of which is O.A. No. 6649 of 1993. Insofar as the filing of the original applications in the A.P. Administrative Tribunal by the aggrieved employees is concerned, that is not disputed by the learned counsel for the petitioners. What he submits is that, that case is different from the lis in these writ petitions as the lis is at the instance of the Sarpanches, who cannot approach the A.P. Administrative Tribunal and the jurisdiction lies in this Court. His contention is that because of non-payment of salaries and also termination of the services of employees, the work of the Gram Panchayats is paralysed and that is how he is interested to project the grievance of his employees, whether erstwhile or still functioning.

(3.) The learned Assistant Government Pleader counters that in so far as the staffing pattern, which has been accepted by the Collector, is concerned, such employees are being paid salaries according to the rules and service conditions. But, some Sarpanches went on recruiting the staff beyond the staffing pattern and diverted the funds meant for other works, for payment of salaries to the said surplus staff and as such when it came to the notice of the District Collector, the payment of salaries was stopped and their services were terminated.