Smt.Radha Bai, Hyderabad vs Dy. C.T.O. Hyderabad Another
2022 Latest Caselaw 6076 Tel

                 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