Court
is of the considered view that, directing the respondents not to
proceed further in pursuance of the G.O.Ms.No.154, dated
16.09.2022, till 20.10.2022.
W.P.Nos. 30879 and 30917 of 2022
COMMON ORDER :
When the matters were called in the Forenoon, the
learned special Government Pleader Mr. Kasa Jagan Mohan
Reddy, requested and represented that they are going to file
counters and the matters may be taken by 2.15 PM.
Accordingly, these matters are kept aside and instructed the
Court Officer to call these matters at 2.15 PM. Accordingly,
the matters were called in the afternoon at 2.15 PM.
Learned Special Government Pleader represented that
they have filed counters in the Registry and served copies of
the same on the learned counsel for the petitioners. But same
are not available on record and the Special Government
Pleader supplied a copy across the Bench for arguing the case.
On earlier occasion these matters were listed on
21.09.2022 before this Court and this Court passed the order,
as under:
Heard Sri Manoj Kumar Bethapudi, learned counsel for the
petitioners and Sri Kasa Jagan Mohan Reddy, learned Special
Government Pleader on behalf of the un-official respondent.
Learned special Government Pleader submits that the
matters are pertaining to a policy decision taken by the
government and the same has to be posted before the Division
Bench for adjudication.
In view of the urgency expressed by the petitioners, post the
matter on 27.09.2022 before the Division Bench, after obtaining
necessary orders from the Hon’ble the Chief Justice.”
Thereafter, the Registry, after obtaining the permission
from the Hon’ble the Chief Justice, the matters were posted
before the Division Bench consisting of Hon’ble the Chief
Justice & Hon’ble D.V.S.Somayajulu on 29.09.2022 and the
Division Bench of this Court has passed the order, as under:
“In this writ petition, challenge is made to the validity of
G.O.Ms.No.154, dated 16.09.2022 issued by the State
Government according permission for creation of (i) 13 MEO-I
posts and (ii) 679 MEO-II posts for effective monitoring of the
academic and non-academic activities.
The above challenge is not in respect of the constitutional
validity of any statutory provisions or any rule framed under
Article 309 of the Constitution of India. This mater requires to be
heard by single Bench.
Post this mater on 30.09.2022 before the single Bench having
roster.”
In view of the above direction, the matters are listed
today before this Court for hearing.
Heard the arguments of learned Senior Counsel Mr.
Manoj Kumar Bethapudi and Mr. Pratap Narayan Sanghi,
learned Senior Counsel representing Mr. Avadesh Narayan
Sanghi, learned counsels appearing for the petitioners and Mr.
Kasa Jagan Mohan Reddy, learned Special Government
Pleader appearing for the respondents.
On hearing, learned Special Government Pleader Mr.
Kasa Jagan Mohan Reddy, while arguing the matter, this
Court raised a query that whether the Presidential Order is
required for creation of posts or not? Then, the said Mr. Kasa
Jagan Mohan Reddy, unwantedly and unwarrantly made
comments on the Court which is highly objectionable. So this
Court feels that it is very unfortunate that the Government
Advocates are arguing the matters in similar passion. It is not
advisable to argue like that and it is not correct on their
profession also. However the Court went on to conclude the
matters on merits.
The present writ petitions are filed to declare the
G.O.Ms.No.154 dated 16.09.2022 issued by the 1st respondent
as illegal and arbitrary.
In a case of Hon’ble Supreme Court reported in
Government of A.P. and others Versus P. Vema Reddy and
others (cited supra), wherein it was held that:
While furnishing information to the Central Government,
in its letter dated 18-03-2005, the Government of A.P. informed
them that if the President of India permitted teachers working in
Panchayat Raj institutions to be organized into local cadres,
and they were integrated with government teachers, the S.L.Ps.
pending before the Supreme Court would become infructuous
and, therefore, there was no legal objection to issuing the
proposed orders. Concurrence of the Government of India was
sought to enable the State Government to organize the teaching
8
and non-teaching staff of zilla parishad and mandal parishad
schools into local cadres
It is only to the limited extent that the State is divested of
the power to abolish local cadres, without prior approval of the
President, must it be held that exercise of the power by the
State by legislation, plenary or subordinate, to abolish cadres,
which have been organized into local cadres, is curtailed. The
submission of the learned Advocate General that the
Presidential Order, neither explicitly nor by necessary
implication, necessitates an inference that the State’s power to
abolish cadres, which have been organized into local cadres, is
curtailed does not merit acceptance.
As long as the local cadre is not interfered with, it is always
open to the State to create new cadres and to abolish such
cadres, subject to constitutional limitations, since, in the
absence of power being exercised by the President, under the
proviso to Para 3(1), these newly created cadres would not fall
within the purview of the Presidential Order.
While the State has the inherent power to create and
abolish cadres in civil services under the State, it does not have
the power on its own, without being required by the President to
do so, to either organize the newly created cadres into local
9
cadres or to abolish cadres which hitherto were organized into
local cadres;
Since the State does not have power to abolish local cadres
without the President requiring it to do so, and as the President
has not so required till date, Section 3(1) and Section 4(1) of Act
27 of 2005 which abolishes cadres of teachers in government
schools and other employees in the school education
department of the government, which had been organized into
local cadres in G.O.Ms. No. 529 dated 14-5-1976, is ultravires
the Presidential Order and is liable to be struck down.
In similar circumstances, the Presidential order is very
necessary.
As seen from the impugned G.O.Ms.No.154, dated
16.09.2022, wherein it is mentioned that, the Government,
after careful examination of the matter, hereby accord
permission for creation of (i) 13 MEO-I posts and (ii) 679 MEOII posts at Annexure-I for effective monitoring of the academic
and non-academic activities, duly suppressing the (1145)
vacant Craft Art/ Drawing teacher posts at annexure-II
appended to this order.
So, on perusing the same, it is observed that there is no
such consent even Special Government Pleader also not given
10
any exact status to that extent while arguing the matter and
not answered to the query raised by this Court that in exercise
of the powers conferred by clauses (1) and(2) of the Article 371
D of the Constitution of India, the President hereby makes the
following order further to amend the Andhra Pradesh Public
Employment (Organization of Local Cadres and Regulation of
Direct Recruitment ) Order 1975 and further he vehemently
opposed for grant of any interim relief in these matters.
In view of the above facts and circumstances, this Court
is of the considered view that, directing the respondents not to
proceed further in pursuance of the G.O.Ms.No.154, dated
16.09.2022, till 20.10.2022.
Post these matters on 20.10.2022
DR. K. MANMADHA RAO, J.
