C RAMA DEVI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Petitioners, 16 in number, belonging to the City Grandhalaya Samstha, Hyderabad, filed 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 affected 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 in the City GrandhaJaya Samstha in various categories such as Librarian Grade III, Record Assistant and so forth. They mere making a grievance of the Rules framed by the Government 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 burdle viz., whether the City Grandhalaya Samstha in a "Local Authority" or not within the meaning of the Presidential Order issued under Article 371-D of the Constitution of India. The point is if the City Grandhalaya 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 Art.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. Art.371-D reads as follows: "371-D. (3) The President may, by order, provide for the constitution of an Administrative Tribunal for the State of Andhra Pradesh to exercise such Jurisdiction, powers and authority Including any jurisdiction power and authority which Immediately before the commencement of the Constitution (Thirty Second Amendment) Act, 1973, was exerclsable by any Court (other than the Supreme Court) or by any Tribunal or other authority) as may be specified in the order with respect to the following matters namely (a) appointment allotment or promotion to such class or classes of posts In any civil service of the State, or to such class or classes of civil posts under the State or to such class or classes of posts under the control of any local authority within the State, as may be specified to the order (b) seniority of persons appointed allotted or promoted to such class or classes of posts In any civil service of the State, or to such class or classes of Civil posts under the State or to such class or classes of posts under the control of any local authority 'within the State, as may be specified In the order (c) such other conditions of service of persons appointed allotted or promoted to such class or classes of posts In any civil service of the State or to such class or classes of civil posts under the State or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order."