THE HON'BLE MR JUSTICE J.CHELAMESWAR
AND
THE HON'BLE MR JUSTICE M.E.N.PATRUDU
WVMP.No. 3436 of 2005 in W.P. No: 23028 of 2005
AND
WVMP.No. 3440 of 2005 in W.P.No.23268 of 2005
COMMON ORDER:- (PER THE HONOURABLE JC,J)
These two writ petitions arise out of the orders of the Administrative Tribunal in
O.A.Nos.5854 and 6096 of 2005, dated 06.10.2005, by which the Tribunal declined
to grant any interim order in favour of the applicants and directed the main
applications to be posted for hearing.
The background of these O.As. is that the State of A.P. issued Ordinance No.12 of
2005, which now is Act 27 of 2005. The substance of the said ordinance is that it
abolished the existing cadres of teachers working either in various local bodies or in
the service of State of A.P. earlier governed by the Andhra Pradesh Educational
Subordinate Service Rules. The ordinance purports to create a new cadre, which is
said to be an amalgam of the abovementioned abolished cadres. The composition,
structure and all other allied matters with reference to such newly created cadre are
required to be decided by the Government by Rules to be framed and the power
delegated by the abovementioned Act.
The Ordinance is a sequel to an earlier Division Bench Judgment of this Court
reported in M. KESAVULU & OTHERS v. STATE OF ANDHRA PRADESH &
OTHERS. The correctness of the said decision is pending consideration before the
Supreme Court. In the meanwhile, in an attempt to get over the situation created by
the said judgment, the State of Andhra Pradesh came out with the abovementioned
Act.
The legality of the Ordinance and the Rules made thereunder were challenged in
pending consideration before the Andhra Pradesh Administrative Tribunal in various
original applications, the details of which are not necessary for the present.
Aggrieved by the decision of the Tribunal not to grant interim directions in favour of
the writ petitioners herein, these writ petitions are filed. The substance of the writ
petitions is that there are various lacunae in the Rules framed. The Rules are
irrational and arbitrary, the details of which we are not inclined to go into as any
observation made at this stage would have a bearing on the outcome of the various
O.As., pending in the Tribunal.
On an examination of the issue, this Court thought it fit to grant an interim order in
these two writ petitions on 20.11.2005 as prayed for. Hence, the present vacate
petitions.
The learned Advocate General represented that in view of the interim orders passed
by this Court, the entire process of promotions and consequently the postings to the
various schools of teachers is stalled, thereby jeopardizing the interest of the student
community. He further submitted that almost all the original applications where the
legality of the Ordinance and the Rules is in question, are now heard finally and
reserved for judgment except the two O.As., from out of which these writ petitions
ari se. Learned Advocate General, therefore, submitted that the interim orders
granted earlier by this Court be vacated. obliterate
Heard Sri Surender Rao, the learned counsel for the petitioners.
In the background of the abovementioned facts, we are of the opinion that the interim
orders granted earlier by this Court are required to be modified directing the
respondents to protect the status of the petitioners as was available to them before
the abolition of the cadres by the Act, pending a final decision in the O.As., and also consider their cases for promotion, if any, in accordance with law as and when the respondents undertake such an exercise. We also deem it appropriate that the O.As., from out of which these writ petitions arise, are also required to be disposed of expeditiously, preferably, within a period of three weeks from today and the Tribunal is directed accordingly.
Accordingly, both the WVMPs and the writ petitions are disposed of. No order as to costs.
_____________________ J.CHELAMESWAR, J ____________________ M.E.N.PATRUDU, J Date: 02.03.2006 Note:- Issue CC by tomorrow.
B/o.
ES