ZILLA GRANDHALAYA SAMSTHA EMPLOYEE S ASSOCIATION CHITTOR DIST Vs. SECRETARY EDUCATION DEPT GOVT OF ANDHRA PRADESH HYD

JUDGEMENT

(1.) The petitioner, Zilla Grandhalaya Samstha Employees' Association, Chittoor District represented by its President K.J.Madhavudu, filed this writ petition questioning the validity of Memo.No.l5/Lib.2/95 dated 3-6-1995 and Memo.No.909/Lib.2/95 dated 22-3-1996 issued by the 1st respondent- Government.

(2.) The sum and substance of the impugned Memos is that the proposalsent by the Director of Public Libraries (hereinafter referred to as 'the Director') for absorption of the Attenders working in the libraries functioning at Mandal Head Quarters in Chittoor District in the last grade service was negatived by the Government in its first Memo dated 3-6-1995 by stating that the A.P. (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act 2 of 1994 (hereinafter referred to as 'Act 2 of 1994) and the orders issued in G.O.Ms.No.212, Finance and Planning Department dated 22-4-1994 for regularisation of Daily Wage/ NMR/ Consolidated pay employees who have put in five years of minimum service on the cut off date of 25-11-1993 are not applicable to part-time employees. After receipt of this Memo dated 3-6-1995, the proposal sent by the Director for extending the benefit under G.O.Ms.No. 212 to these employees, if necessary by relaxing the conditions, was rejected in the second Memo dated 23-3-1996 as the same is not feasible and as the regularisation of services have to be considered against clear vacancies. The petitioner-Association sought for a Writ of Certiorari to quash the two Memos and sought a consequential relief for regularisation of the services of the Attenders working in the libraries at Mandal Headquarters and also to pay the salaries in the time scale of pay applicable to Class-IV employees with attendant benefits.

(3.) The undisputed facts of this case are that the Government, on a proposalsent by the Director pursuant to the meeting held on 22-3-1996 in the Chambers of the Hon'ble Chief Minister where a decision was taken among other things to establish 566 branch libraries at Mandal Headquarters which are not provided with library services, the Government issued orders in G.O.Ms. No. 269 Education (Lib.I) Department dated 20-6-1986 for opening 566 libraries at the Mandal Headquarters which are not provided with library services and permitted the Director to sanction the necessary supporting staff i.e., one Librarian Grade-III in the time scale of pay of Rs.450 - 700 with usual allowances and one part-time worker with monthly remuneration of Rs.150/- for each of these libraries to man the libraries. In other words the Government wants to pay one rupee (Re.1/-) per hour of their work. Pursuant to the said orders, the Director in his proceedings Rc.No. 121 /B2/86, dated 5-9-1986 gave certain clarifications with regard to the payment of wages to part-time workers in the branch libraries. As per the proceeding dated 5-9-1986 no educational qualifications are prescribed for appointment to the post of part-time worker. But at the same time he must be a major i.e., above the age of eighteen (18) years. The most important clarification in the said proceeding is extracted hereunder : "Regarding working hours the appointees shall be clearly informed in their appointment order that they will have to work for six hours daily, since the Branch Libraries work for six hours a day."