Andhra Pradesh Administrative Tribunal at Hyderabad

1

ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL AT HYDERABAD

WEDNESDAY THE TWENTY EIGHTH DAY OF NOVEMBER, TWO THOUSAND AND THIRTEEN

CORAM

THE HON’BLE SRI JUSTICE DR. G. YETHIRAJULU, CHAIRMAN

AND

THE HON’BLE SRI M.V.P.C.SASTRY, MEMBER (ADMNV.)

O.A.No.3222 of 2011 and Batch

Between:

M. Vijaya Lakshmi and 59 Others

Vs.

The Government of AP., rep by its Secretary,

Municipal Administration & Urban Development,

Secretariat, Hyderabadand 6 Others

1. / OA / 3222 / /2011 / - / MA1558/2013 / 27. / OA / 6136 / /2011
- / MA2026/2012 / 28. / OA / 6184 / /2011
- / VMASR9688/2012 / 29. / OA / 6200 / /2011
2. / OA / 8708 / /2009 / 30. / OA / 6202 / /2011
3. / OA / 8712 / /2009 / 31. / OA / 6203 / /2011
4. / OA / 8961 / /2009 / 32. / OA / 6220 / /2011 / - / VMA1447/2011
5. / OA / 9266 / /2009 / 33. / OA / 6224 / /2011 / - / VMA1448/2011
6. / OA / 3225 / /2011 / 34. / OA / 6225 / /2011
7. / OA / 3231 / /2011 / 35. / OA / 6276 / /2011
8. / OA / 3232 / /2011 / 36. / OA / 6287 / /2011
9. / OA / 3233 / /2011 / 37. / OA / 6450 / /2011
10. / OA / 3279 / /2011 / 38. / OA / 6496 / /2011 / - / MA3031/2011
11. / OA / 3454 / /2011 / 39. / OA / 7141 / /2011 / - / CA852/2013
12. / OA / 3584 / /2011 / 40. / OA / 3577 / /2013 / - / VMA1114/2013
13. / OA / 4482 / /2011 / - / CA987/2013
14. / OA / 4585 / /2011 / - / CA755/2011 / 41. / OA / 3603 / /2013 / - / MA2266/2013
15. / OA / 4636 / /2011 / - / VMA1109/2013
16. / OA / 4637 / /2011 / - / VMA1702/2013
17. / OA / 4638 / /2011 / - / VMA1703/2013
18. / OA / 4639 / /2011 / - / VMA1704/2013
19. / OA / 5133 / /2011 / - / VMA164/2012 / - / VMA1705/2013
20. / OA / 6120 / /2011 / - / VMA1772/2013
21. / OA / 6122 / /2011 / - / VMA1774/2013
22. / OA / 6126 / /2011 / - / CA851/2013
23. / OA / 6128 / /2011 / 42. / OA / 3604 / /2013 / - / VMA1110/2013
24. / OA / 6129 / /2011 / - / VMA1773/2013
25. / OA / 6130 / /2011 / - / VMA1834/2013
26. / OA / 6131 / /2011

(ORDER AS PER HON’BLE JUSTICE DR. G. YETHIRAJULU, CHAIRMAN ON BEHALF OF DIVISION BENCH)

...

As the issues involved in all these O.As. are identical, they are heard together and a common Order is delivered.

O.A.No.3222 of 2011:

2)The applicants in O.A.No.3222 of 2011 are praying to declare that the action of the Respondents in seeking to apply the Rules issued in G.O.Ms.No.65, Education Department, dated 19.5.2011 and the subsequent guidelines issued by the Government and clarifications issued by the Director of School Education, A.P. Hyderabad to the posts held by the applicants as contrary to law; to declare that the applicants cannot be subjected to transfer in view of Resolution No.62, dated 28.12.2006 of Municipal Corporation, Kadapa and Resolution No.21, dated 10.1.2007 of Zilla Parishad, Kadapa and to declare the Memo No.12720/SE.Ser.III/09, Education Department, dated 2.6.2011 as illegal, arbitrary and beyond the competency of the Government.

3)The applicants in the above O.A. are contending that they are working as S.G. Teachers/School Assistants in different schools in Kadapa Mandal. They were transferred to the respective schools during 2001-2002. By Notification, dated 13.11.2004 issued through G.O.Ms.No.381, Kadapa Municipal Corporation was

deemed to have been constituted under Section 3 of A.P. Municipalities Act, 1994. The said Notification was issued in pursuance of the Resolution passed by Municipal Council, Kadapa for upgradation of Municipality as Municipal Corporation and in pursuance of a Resolution for merging the surrounding 8 Villages in addition to 5 Gram Panchayats in the larger urban area. By Notification, dated 17.3.2005, the larger urban area of Municipal Corporation, Kadapa was altered by including five Gram Panchayats. By Notification, dated 30.5.2007 Kadapa Mandal was included in Kadapa Municipal Corporation. The Municipal Corporation, Kadapa passed Resolution No.62, dated 28.2.2006 resolving to take all the schools in Kadapa Mandal into Kadapa Municipal Corporation. It was also resolved to absorb all the Teachers on the rolls as on that day into Kadapa Municipal Corporation. The Zilla Parishad, Kadapa also passed Resolution No.21, dated 10.1.2007 resolving to transfer the teachers to Kadapa Municipal Corporation as per the Resolution, dated 28.12.2006 of Kadapa Municipal Corporation. Later, the Government directed the officials of Education Department to obtain options from the Teachers working in the erstwhile schools of Kadapa Mandal to be absorbed into Kadapa Municipal Corporation. Accordingly options were obtained and all the Teachers working in the schools in the respective villages gave their willingness to work in the schools under Municipal Corporation. Earlier the Government issued A.P. Teachers (General Promotions and Regulation of Transfers) Rules

through G.O.Ms.No.15, dated 26.1.2009. Rule 9 of the said Rules provides for transfer counselling. Guidelines were issued on 24.6.2009 and the schedule for transfer of Teachers was drawn. Some of the Teachers working in the Villages merged with Kadapa Municipal Corporation filed O.A.No.8035 of 2009 before the Tribunal and the Tribunal granted Interim Order on 16.11.2009 directing the Respondents therein not to notify the posts of various categories of Teachers working in the jurisdiction of respective Municipal Corporations and retain and continue them till the disposal of these O.As. Against the above Interim Orders of the Tribunal W.P. No.15588 of 2009 was filed and the said W.P. was allowed by the Hon’ble High Court on 4.8.2009 and the Interim Order of the Tribunal was set aside. The applicants in the said O.A. carried the matter to Hon’ble Supreme Court by filing S.L.P. No.2071/2010 and the Hon’ble Supreme Court passed Orders on 15.2.2010 directing the Tribunal to dispose of the O.A. without being influenced by any of the observations made by the High Court. Subsequently, the Tribunal allowed the above O.A. through Order, dated 29.6.2010 by holding that G.O.Ms.No.15, dated 26.1.2009 cannot be applied to the applicants. While so, the Government issued Andhra Pradesh Teachers (Regulation of Transfers) Rules through G.O.Ms.No.65, Education Department, dated 9.5.2011. The Commissioner & Director of School Education, A.P. Hyderabad issued schedule on 19.5.2011 for transfer counselling. The posts held by the applicants are shown as vacancies in the list sent by the Mandal Educational Officer. The Rules issued in G.O.Ms.No.65, dated 19.5.2011 apply to the Teachers working in Government, Zilla Parishad and Mandal Parishad Schools. In view of Notifications, dated 13.11.2004, 17.3.2005 and 30.5.2006 and in view of Resolution No.62, dated 28.12.2006 of Kadapa Municipal Corporation and Resolution No.21, dated 10.1.2007 of Zilla Parishad, Kadapa and in view of exercise of options, which is evident from the proceedings, dated 31.7.2009 issued by District Educational Officer, Kadapa, the applicants cannot be governed either by the Rules issued in G.O.Ms.No.15, dated 24.6.2009 or the Rules issued in G.O.Ms.No.65, dated 19.5.2011. The Government issued Memo, dated 2.6.2011, wherein the request of Teachers for merging of services of Teachers working in Mandal Parishad/Zilla Parishad Schools in the State situated in and surrounding newly declared municipal extended limits with the Teachers of Municipal Schools was rejected duly withdrawing the orders issued by the Government through Memo No.513/Ser.II/2008, dated 17.2.2009. Being aggrieved by the above Orders, the applicants filed O.A.No.3222/2011.

4) The applicant in O.A.No.9266 of 2009 is working as Gr.II Hindi Pandit in Z.P. High School, Kadapa. He is seeking to declare that the action of the Respondents in seeking to apply the Rules issued in G.O.Ms.No.15, Education Department, dated 26.1.2009 and the guidelines and clarifications issued by the Director of School Education, A.P. Hyderabad to the post held by the applicant

as illegal, arbitrary and contrary to law and further declare that the District Educational Officer or Chief Executive Officer have no jurisdiction over the applicant and the post held by him.

O.A.Nos.4636, 4637, 4638, 4639, 5133, 6450, 6496 7141 of 2011

5) Applicant Nos.39, 44, 47 and 56 in O.A.No.3222 of 2011 also filed O.A.Nos.4636, 4637, 4638 and 4639 of 2011 respectively seeking to set aside the transfer orders issued by the District Educational Officer, Kadapa through proceedings in Rc.No.3534/C3/2011, dated 7.6.2011 by declaring the same as illegal and arbitrary.

6) The applicant in O.A.No.4636 of 2011 also filed O.A.No.7141 of 2011 seeking to declare that the action of the Respondents in not considering her case for posting as School Assistant (Biological Science), Z.P. High School, Patha Kadapa as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India and further declare that the applicant is entitled to be posted as School Assistant (Biological Science) at Z.P. High School, Patha Kadapa by considering her representation.

7) Applicant Nos.11, 19, 27, 28, 29, 35 and 42 in O.A.No.3222 of 2011 also filed O.A.No.5133 of 2011 seeking to set aside the transfer orders issued by the District Educational Officer, Kadapa through proceedings in Rc.No.3214/A1/2011, dated 10.6.2011 and the consequential proceedings in Rc.No.MEO/49/MRC/2011, dated 17.6.2011 issued by the 4th Respondent by holding that they are

illegal and arbitrary and consequently declare that the applicants are entitled to continue as Teachers in their respective schools at Kadapa Mandal.

8) The 55th applicant in O.A.No.3222 of 2011 also filed O.A.No.6450 of 2011 and Applicant Nos.1, 3 to 10, 13, 15, 16, 27, 20 to 25, 27, 30, 31 to 34, 36,37, 41, 45, 48, 51 and 53 in O.A.No.3222 of 2011 also filed O.A.No.6496 of 2011 seeking to set aside the transfer orders issued by the District Educational Officer, Kadapa through proceedings, dated 23.7.2011 by holding that they are illegal and arbitrary and consequently declare that the applicants are entitled to continue as Teachers in their respective schools at Kadapa Mandal.

9)The applicants in the above O.As. are contending that the Government issued G.O.Ms.No.55, Education (Ser.III) Department, dated 23.4.2011 seeking to rationalise the staff working in Government, Zilla Parishad and Mandal Parishad Schools in the State. They exercised option to work in Kadapa Municipal Corporation. In view of the above G.O. and in view of Resolution No.62, dated 20-12-2006 of Kadapa Municipal Corporation and Resolution No.21, dated 10.1.2007 of Zilla Parishad, Kadapa, they cannot be treated as employees of Government/ZP/MP of Kadapa. When the District Educational Officer, Kadapa wanted to apply Andhra Pradesh Teachers (Regulation of Transfers) Rules through G.O.Ms.No.65, Education Department, dated 9.5.2011 to the applicants and others, who are working in the schools located in

the area of erstwhile Kadapa Mandal which are included in Kadapa Municipal Corporation, the applicants along with others filed O.A.No.3222 of 2011 before the Tribunal and the Tribunal passed an Interim Order in the above O.A directing the Respondents not to show the posts held by the applicants as vacancies. However, the District Educational Officer, Kadapa issued impugned proceedings transferring the applicants to different schools located outside Kadapa Mandal which is illegal and arbitrary. Therefore, they filed the above O.As. seeking the reliefs as mentioned above.

O.A.No.3584 of 2011:

10)The applicants in O.A.No.3584 of 2011 are praying to declare that the action of the Respondents in seeking to transfer the applicants outside the territorial jurisdiction of Guntur Municipal Corporation by identifying the places in which the applicants are working as vacancies as illegal, arbitrary and unjust.

11)The applicants are contending that the Government issued various Notifications merging the Gram Panchayats surrounding Guntur within the Guntur Municipal Corporations, including Gaddipadu and Lalpuram Gram Panchayats. Therefore, the said two Gram Panchayats had become part and parcel ofand Guntur Municipal Corporation has to exercise control over all the Institutions which have become part and parcel of Guntur Municipal Corporation. As the places in which the applicants are working i.e. Gaddipadu and Lalpuram were already merged in

Guntur Municipal Corporation, the Institutions situated in the said Gram Panchayats were also merged in Guntur Municipal Corporation. The Guntur Municipal Corporation passed a Resolution on 24.9.2009 resolving to take over Mandal Parishad Schools, Lalpuram and Gaddipadu along with staff into Guntur Municipal Corporations. The applicants have exercised option to remain in the service of Guntur Municipal Corporation. Therefore, they are entitled to continue either in the schools in which they are presently working or liable to be transferred within the territorial jurisdiction of Guntur Municipal Corporation. Hence, they filed the above O.A. seeking the relief as mentioned above.

O.A.No.3454 of 2011:

12)The applicants in O.A.No.3454/2011 are seeking to declare that the applicants are entitled to continue within the territorial jurisdiction of Anantapur Municipal Corporation as per Resolution passed by Anantapur Municipal Corporation for merger of working places of the applicants into Anantapur Municipal Corporation as per Government Policy with all consequential benefits without reference to Rule 5 of G.O.Ms.No.65, Education Department, dated 19.5.2011.

13)The applicants are contending that they are working as S.G. Teachers in different M.P. Primary Schools situated in Anantapur Rural Mandal, Anantapur District. The Government issued A.P. Municipalities (inclusion or exclusion of areas into/from

the limits of Municipalities/Nagar Panchayats) Rules, 2006 through G.O. Ms.No.63, Municipal Administration & Urban Development Department, dated 18.2.2006. In pursuance of the said Rules the process for merger of surrounding Gram Panchayats including Anantapur Rural into Anantapur Municipality has been commenced. The Anantapur Municipal Council has passed a Resolution on 12-1-2005 resolving to merge certain Gram Panchayats into Anantapur Municipality and to send proposals to the Government in this regard. The Anantapur Municipal Corporation has passed another Resolution No.20, dated 31.5.2006 resolving to merge certain surrounding Gram Panchayats into Anantapur Municipality. Accordingly proposals were sent to the Government by the Municipal Corporation. The District Collector, Anantapur through his letter, dated 12.5.2009 requested the Municipal Commissioners in Anantapur District including Municipal Commissioner, Anantapur to initiate action for inclusion of new colonies in Peri Urban areas which are within a radius of 3 K.Ms. from the existing Municipal limits into the Municipal Corporation limits and requested the Commissioners to send necessary proposals to the Government through the Commissioner & Director of Municipal Administration, A.P. Hyderabad keeping in view the Rules issued by the Government in G.O.Ms.No.63, dated 18.2.2006 The applicants and other interested candidates submitted willingness for absorption into Municipal Corporation, Anantapur and the matter is pending with the Government. While

so, the Government issued G.O.Ms.No.65, Education Department, dated 19.5.2011 for generaltransfer of teachers by conducting counselling. Even though the applicants submitted willingness for absorption in Municipal Corporation, Anantapur, the Respondents are resorting to transfer the applicants beyond the territorial jurisdiction of Anantapur Municipal Corporation on the ground that they have completed 8 years of service by showing the places in which they are working as vacant. Therefore, the applicants filed the above O.A. seeking the relief as mentioned above.

O.A.Nos.8708, 8712, 8961 of 2009 & O.A.No.4482 of 2011:

14) The applicants in the above three O.As. are seeking to declare that the action of the Respondents in seeking to transfer the applicants outside the territorial jurisdiction of Greater Visakhapatnam Municipal Corporation by identifying the places in which the applicants are working as vacancies as illegal, arbitrary and contrary to law and consequently hold that the applicants are entitled to continue within the territorial jurisdiction of Greater Visakhapatnam Municipal Corporationas per the options exercised by them with all consequential benefits as the said areas had become part and parcel of Greater Visakhapatnam Municipal Corporation by virtue of G.O.Ms.No.938, Municipal & Urban Development Department, dated 21.11.2005 by holding that the action of the Respondents in taking steps to transfer the applicants outside the Greater Visakpatnam Municipal Corporation as illegal and arbitrary.

15)The applicants in the above O.As are contending that they are working in Pendurthy, Gajuwaka and Chinagadili Mandals within the peripheral area of Greater Visakhapatnam Municipal Corporation. These Mandals have become part and parcel of Visakhapatnam for all practical purposes and they are being paid 10% HRA. The Government found that the places where the applicants are working have become part and parcel of Visakhapatnam urban area for all purposes. Therefore, the official Respondents have called for options from the Teachers and other employees for continuing in the Visakhapatnam Municipal Corporation area. Accordingly the applicants exercised their option to continue in Visakhapatnam Municipal Corporation after changing of the management as per A.P. Municipalities Act, 1994. The Government issued Notification through G.O.Ms.No.938, Municipal Administration & Urban Development Department, dated 21.11.2005 merging Gajuwaka Municipality and surrounding 32 Gram Panchayats in Visakhapatnam District intoGreater Visakhapatnam Municipal Corporation. Hence, 32 Gram Panchayats along with Gajuwaka Municipality have become part and parcel of Greater Visakhapatnam Municipal Corporation. The applicants ceased to be under the administrative control of the District Educational Officer as the places in which they are working come within the territorial jurisdiction of Greater Visakhapatnam Municipal Corporation and the administrative control vested with the Greater Visakhapatnam Municipal Corporation. The service

conditions of the applicants are under transfer to Greater Visakhapatnam Municipal Corporation as the correspondence between the Director of School Education and Director of Municipal Administration are under process in this regard. The Respondents are conducting counselling and insisting the applicants to participate in the counselling for transfer to other places outside the territorial jurisdiction of Greater Visakhapatnam Municipal Corporation which is illegal and arbitrary. Therefore, they filed the above O.As. seeking the reliefs as mentioned above.

O.A.Nos.3225, 3231, 3232, 3233, 3279 and 4585 of 2011:

16)The applicants in O.A.Nos.3225, 3231, 3232, 3233, 3279 and 4585 of 2011 are seeking to set aside Government Memo No. 12720/SE.Ser.III/09, Education Department, dated 2.6.2011 and further declare that the applicants are entitled to be absorbed into Municipal service and transferred within the territorial jurisdiction of Greater Visakhapatnam Municipal Corporation since the schools in which the applicants are working are within the jurisdiction of Greater Visakhapatnam Municipal Corporation with all consequential benefits.

17)The applicants in the above O.As. are contending that the Government issued G.O.Ms.No.938, Municipal Administration & Urban Development Department, dated 21.11.2005 constituting Visakhapatnam Municipal Corporation as Greater Visakhapatnam

Municipal Corporation by merging Gajuwaka Municipality and 32 Gram Panchayats in Visakhapatnam District into Greater Viskhapatnam Municipal Corporation. Therefore, Gajuwaka Municipality and 32 Gram Panchayats became part and parcel of Greater Municipal Corporation for all purposes. The places in which the applicants were merged in Greater Visakhapatnam Municipal Corporation and the Institutions were also merged in Visakhapatman Municipal Corporation as per the provisions of Visakhapatnam Municipal Corporation Act. The Zilla Parishad, Visakhapatnam passed Resolution No.94, dated 28.7.2007 resolving to merge the Zilla Parishad High Schools and staff located in Gajuwaka Municipality into Greater Visakhapatnam Municipal Corporation. Another Resolution No.40 was passed on 3.7.2007 by Greater Visakhapatnam Municipal Corporation resolving to absorb all the schools under the Managements of Zilla Parishad and Mandal Parishad located in Gajuwaka Municipality and other 32 Gram Panchayats into Greater Visakhapatnam Municipal Corporation. The applicants have already exercised their options to remain in the services of Greater Visakhapatnam Municipal Corporation in the event of merger of the schools in which they are working in Greater Visakhapatnam Municipal Corporation. Even though they completed the statutory period of 8 years in the places in which they are presently working, they are not liable to be transferred outside the Greater Visakhapatnam Municipal Corporation since the places in which they are working were

already merged in Greater Visakhapatnam Municipal Corporation. Therefore, they are liable to be transferred within the territorial jurisdiction of Greater Visakhapatnam Municipal Corporation only.However, the Respondents are taking steps to shift the applicants outside the territorial jurisdiction of Greater Municipal Corporation in the present transfer/rationalisation counselling. While so, the Government issued Memo No.12720/SE.Ser.III/2009, dated 2.6.2011 rejecting the request of the teachers for merging of services of Teachers working in M.P/Z.P schools in the State situated in and around surrounding newly declared Munipal limits with the teachers of Municipal Schools on the untenable ground that the services of Teachers working in Municipal Schools and Municipal Corporation Schools are not provincialised on par with the services of Teachers working in MP/ZP Schools in the State which is illegal and arbitrary. The teachers working under the Municipalities/Municipal Corporations and ZP/MP belong to local body managements and the services of the said teachers are not organised into local cadres under the Presidential Order. Without considering the above fact the Government issued the above Memo only to deprive the claims of the Teachers, who are working in the 5schools within the territorial jurisdiction of Visakhapatnam Municipal Corporation.Therefore, they filed the above O.As. seeking the relief as mentioned above.