P.V.N.Hymavathi vs The State Of Andhra Pradesh
2022 Latest Caselaw 6919 AP

          THE HON'BLE Dr.JUSTICE K. MANMADHA RAO

                WRIT PETITION No.12052 of 2022
ORDER:-

      This Writ Petition is filed under Article 226 of the

Constitution of India, seeking the following relief:


    .....to issue a Writ, Order or direction more particularly one in the
    nature of Writ of Mandamus, declaring the action on the part of the
    3rd    Respondent in issuing Proceedings vide Rc.No.ESE02/601/

2020-APMS-CSE, dated 19.10.2020 by placing additional duty of Hostel duties to all the Female POT /TGT (Post Graduate Teachers or Trained Graduate Teachers) of all APMS Girls Hostels (A.P.Model Schools) on rotation basis in the entire State of Andhra Pradesh by directing the RJDSEs, District Educational Officers, Principals of A.P.Model Schools to implement the said proceedings in the entire State of Andhra Pradesh by giving weekly off to the Wardens of all the Girls Hostels attached to the Model Schools and by involving all Women PGTs and TGTs every Sunday on rotation basis wherein the Petitioners are PGTs / TGTs working in the Districts of Visakhapatnam and Vizianagaram is nothing but arbitrary, unreasonable, unlawful and completely in violation of the Fundamental Rights of the of the Petitioners guaranteed under Article 14 of the Constitution of India and in violation of the Principles of Natural Justice by consequently directing the 3rd Respondent not to implement the said Proceedings Rc.No.ESE02/ 601/2020-APMS-CSE, dated 19.10.2020 by further consequently directing the Respondents not to compel the Petitioners to perform the duties of Wardens of all the Girls Hostels attached to the Model Schools in the State of Andhra Pradesh and pass such other orders."

2. Heard Mr. P. Rajesh Babu, learned counsel for the

petitioners and Mr. K.V.Raghuveer, learned Government Pleader

for the respondents.

3. The brief facts of the case are that the petitioners are

working as Post Graduate Teachers and Trained Graduate

Teachers (PGTs and TGTs) in various Model Schools and Junior

Colleges in the Districts of Visakhapatnam and Vizianagaram.

Originally all the schools were established as non-residential

schools with the pattern/ norms of Kendriya Vidyalaya

Sanghatan with the aid of Central and State Governments

together with a motive to produce the bench mark excellence in

education of the children of Educationally Backward Blocks

(EBB). Later the Central Government delinked the said schools

and surrendered to State Government and now it is under

complete control and management of the State Government. As

per their Appointment Orders, it was mentioned that A.P.State

Subordinate Service Rules, 1996 are applicable, since no special

rules made for their post at that time. Even after completion of 9

more years of service, no service rules were framed till date as

such, consequently the petitioners are not getting any benefits

on par with other Government Employees like CPS, Promotion

Channels, compassionate appointments etc., like teachers of

Government Schools in the State. Initially some deductions

under CPS and APGLIC were made from their salaries for a

period of one and half year, later it was stopped on the ground

that there are no special service rules and accounts.

4. Further it is contended that every hostel should have a

regular warden assisted by other staff like watchmen, nurse and

head cook assisted by two other cooks, who were appointed on

outsourcing basis. Therefore, the duty of a warden having 100

bedded Girls Hostel is a tough task to control all teenage girls.

The duty warden has to look after the affairs of the hostel and

maintain the accounts in the hostel. As per the conditions of the

employment of the Wardens that in case if any warden intends

to avail leave then they have to arrange one of their staff as

referred above to act as a Deputy Warden.

5. Therefore, the present writ petition is filed questioning the

action of the respondents in directing the Lady Warden of the

respective hostels on every Sunday from 9.00 a.m to 9.00 a.m

on the next day, which period is treated as CCL and forcing all

the teachers to act as a Hostel Warden for one day is highly

illegal and arbitrary.

6. The 8th respondent filed counter-affidavit denying all

material averments made in the writ petition and mainly

contended that the Commissioner of School Education, A.P has

established the Girls Hostels in the premises of A.P. Model

Schools where the situated in Educationally Backward Blocks

(EBBs) duly attached to the model schools, since both are

established on same concept that to minimize the Girl drop outs

from the schools and to encourage Girls Education in EBBs.

The 4th respondent issued detailed guidelines and instructions

to the Principals of said Model Schools vide proceedings dated

01.08.2016, wherein it is categorically mentioned that:

"iii. The Principal of A.P Model Schools who is the overall in charge of the Girls hostels and run the hostel with the assistance of warden, caretaker and other staff. He/ She shall supervise all activities related to the hostel.

iv. The Warden is the in charge of the hostel and she must stay at hostel only as a facilitator to the boarders 24/7 and she has to cooperate with the Principal and discharge duty entrusted to her by the Principal for smooth and efficient functioning of the hostel".

7. Pursuant to the Memo dated 06.02.2017 issued by the

Government accorded permission to engage staff to work in

Girls Hostels attached to Model Schools on out-sourcing basis.

Pursuant to the said order, the Commissioner of School

Education has issued executive instructions and guidelines vide

proceedings dated 03.03.2017 to all the DEO and Ex-Officio

Project Coordinator, RMSA in the State to engage required staff,

which was effected and are being started functioning and the

Wardens are discharging duties and looking after the affairs and

maintained all account books. The Hostel Wardens had

requested the 4th respondent to provide the weekend off in the

A.P.Model School Girls Hostels in the State as they performed

24/7 duties in the Hostels. Keeping in view of their request the

4th respondent agreed to implement the weekend off to the

Wardens working in the hostels after allocation of ratio at 2 p.m

and to report next day morning at 6 a.m and issued proceedings

dated 26.02.2019 directing the Principal to engage one Female

PGT/ TGT to depute to Hostel duties on rotation basis to

routine duties and the weekend off shall be treated as CCL on

immediate Monday, which is not implemented as the PGT/TGTs

are expressed their unwillingness to perform the warden duties,

even though such period may be treated as CCL. Therefore the

petitioners are not entitled to claim relief in the writ petition.

8. Learned counsel for the petitioner placed on record the

interim orders passed by the High Court for the State of

Telangana in W.P.No.46730 of 2018, dated 02.01.2019 wherein

it was held as follows:

"Though prima facie the action of the respondents in thrusting all the responsibilities of managing and running the hostels attached to the Model Schools without additional remuneration and without additional assistance appears to be violative of Article 14 of the Constitution of India, two (02) months' time is granted to respondents to create necessary posts for running these hotels and divesting the Members of the 1st petitioner- Association from the extra duty of managing the hostels attached to Model Schools, and to recruit people suitably to discharge the said responsibilities.

After the said period of two (02) months from to-day, the respondents shall not compel members of 1st petitioner- Association to run the hostels which are situated within the premises of the Model Schools".

9. Learned Government Pleader vehemently contended that

the petitioners have appointed under 10(a) of A.P.State and

Subordinate Rules 1996 and being a Government employee

bound to obey the directions of the Higher Authority issued in

the interest of Public Services:

"(4) No Government Employee shall, in the performance of his official duties or in the exercise of powers conferred on him, act otherwise than in his best judgment except when he is acting under the direction of his official superior, and shall where he is acting under such direction, obtain the direction in writing, wherever practicable, and where it is not practicable to obtain the direction in writing shall obtain written confirmation of the direction as soon thereafter as possible. It shall be incumbent on such official superior to confirm in writing the oral directions given by him, and in any event, he shall not refuse such written confirmation

where a request is made by the Government employee to whom such direction was given."

10. Further, it is contended that pursuant to the guidelines

and schedule shown therein issued by the 3rd respondent dated

19.10.2020 every PGT or TGT will have attended the warden

duties at least one day per one month or in two months and

provided the CCL for the period of such duty, which is not

difficulty to even lady teachers for performing the such duties

comparatively Hostel Warden duties and attended duty for Girl

Children, who are studying under their control in the Model

School.

11. No doubt, every Government Employee shall obey the

directions of the superior authority and follow the rules and

regulations under 10(a) of A.P.State and Subordinate Rules

1996. In the instant case the 4th respondent issued proceedings

dated 26.02.2019 directing PGT/TGT to attend every Sunday on

rotation basis. Further such employee is also entitling for CCL

to the immediate Monday, which is compensated on leave as per

instructions.

12. Further learned counsel for the petitioner relied on the

interim orders passed by the High Court for the State of

Telangana in W.P.No.46730 of 2018, dated 02.01.2019, wherein

the Court observed that the responsibilities of managing and

running the hostels attached to the Model Schools without

additional remuneration and without additional assistance

appears to be violative of Article 14 of the Constitution of India.

In the instant case the Government issued guidelines to avail

CCL for one day i.e immediate Monday, those who are attending

duty on Sunday, which is compensated by the Government.

Therefore the finding of the Court in the W.P.No.46730 of 2018,

dated 02.01.2019 does not attract in this matter.

13. It is curious to note that the cadre of the post is important

in this matter. In the instant case, a direction given to the

teachers to work as Hostel Warden in single day in the absence

of original Hostel Warden, though it is a stringent condition

imposed as per instructions, it has to be obeyed by the

employee under 10(a) of A.P.State and Subordinate Rules 1996.

14. However, the respondents shall make efforts to create

necessary posts for running these hostels and divesting the PGT

or TGT from the extra duty of managing the hostels attached to

Model Schools, and to recruit people suitably to discharge the

said responsibilities, so as to attend warden duties during

Sunday, even providing the leave on very next day i.e on

Monday as CCL. In the meanwhile, the respondents are directed

not to take any coercive steps against the petitioners so to force

them to attend holiday duty, but it is left open for the

respondents to allot holiday duty to any teacher, those who are

willing to act as such, in terms of circular guidelines.

15. With the above direction, the writ petition is disposed of.

There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any,

shall stand dismissed.

________________________________ Dr.JUSTICE K. MANMADHA RAO

Date: 13.09.2022.

KK

THE HON'BLE Dr.JUSTICE K. MANMADHA RAO

WRIT PETITION No.12052 of 2022

Date: 13.09.2022

KK