Andhra Pradesh High Court - Amravati
Seelam Raghava Reddy vs The State Of Andhra Pradesh on 30 December, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.25405 OF 2020
ORDER:
This writ petition is filed under Article 226 of the Constitution of India claiming the following relief:
"To Issue Writ of Mandamus to declare the action of the respondents in intending to transfer the petitioners from their respective Mandal Primary Schools situated in Eluru Municipal Corporation and Chittoor Municipal Corporation pending consideration of the merging of the schools into 7 and 8 respondent Municipalities in pursuant to the Proceedings in Lr. Roc.No.11036/2/2017-JSEC (2299/2017/J3 dated 21.05.2020 addressed by the 3rd respondent to the 2nd respondent on the ground that the Government issued G.O.Ms.No.53 and 54 dated 12.10.2020 for transfer of the teachers as arbitrary illegal and consequently direct the respondents not to transfer the petitioners from their respective working schools situated in Eluru Municipal Corporation and Chittoor Municipal Corporation pending consideration of merging proposals by the 2nd respondent as per the Proceedings in Roc.No.11036/2/2017- JSEC (2299/2017/J3 dated 21.05.2020 addressed by the 3rd respondent in pursuant to the G.O.Ms.Nos.53 and 54 dated 12.10.2020 issued by the 1st respondent."
It is the contention of the petitioners that, in pursuance of merger of the villages in and around Eluru and Chittoor, Eluru and Chittoor Municipal Corporations were constituted. It is also contended that, the schools functioning in the grampanchayat have also to be merged in Eluru and Chittoor Municipal Corporations.
While so, the third respondent/Commissioner & Director of Municipal Administration addressed a letter dated 21.05.2020 to the second respondent/ Commissioner & Director of School Education requesting to merge/absorb all the existing Zilla Parishad (ZP) and Mandal Praja Parishad (MPP) in the urban limits of Municipal Corporations and Municipalities in the State into Municipal Management Schools. While the matter stood thus, the State Government issued G.O.Ms.Nos.53 and 54 School Education MSM,J WP_25405_2020 2 (Services. III) Department dated 12.10.2020 to transfer the teachers as per the guidelines prescribed in the G.Os referred supra.
The main contention of the petitioners is that, the petitioners are working as teachers in Zilla Parishad and Mandal Parishad Schools and a representation is pending before the second respondent. In case, the schools in which the petitioners are working are merged in Eluru and Chittoor Municipal Corporations, the petitioners would come under the control of Respondent Nos. 7 and 8, in such event, the petitioners shall not be transferred to some other areas except in few schools in Eluru and Chittoor Municipal Corporation. It is also contended that, as per the guidelines prescribed in the G.Os referred above, in case of teachers working continuously for eight years, such teachers shall be transferred compulsorily, as such, they will be deprived of an opportunity to work in the Corporations. It is also contended by the petitioners that Respondent Nos. 5 and 6 notified their posts as vacancy in their respective schools, as such action of the respondents in intending to transfer the petitioners from MPP schools situated in Eluru and Chittoor Municipal Corporations, pending consideration of merger of schools into respective Municipal Corporations is arbitrary and illegal and requested to issue direction as stated supra.
During hearing, Sri P. Nagendra Reddy, learned counsel for the petitioners has drawn attention of this Court to the Proceedings in Lr.Roc.No.11036/2/2017-JSEC (2299/2017/J3) dated 21.05.2020 and G.O.Ms.Nos.53 and 54 School Education (Services. III) Department dated 12.10.2020 and based on the proposal pending MSM,J WP_25405_2020 3 before the Government for absorbing/merging of the schools existing in the urban limits of Municipal Corporations and Municipalities in the State into Municipal Management Schools; requested this Court to issue a direction not to transfer the petitioners from their respective Zilla Parishad/Mandal Praja Parishad Schools into Eluru and Chittoor Municipal Corporations pending consideration of merger of schools into Eluru and Chittoor Municipal Corporations.
Learned Government Pleader for Services-II would contend that, in view of the Proceedings in Lr.Roc.No.11036/2/2017-JSEC (2299/2017/J3) dated 21.05.2020, the schools in the villages which are proposed to be merged in the Municipal Corporations are still under the control of Education Department and G.O.Ms.Nos.53 and 54 School Education (Services. III) Department dated 12.10.2020 issued by the State are binding since all these petitioners have completed eight years of service in the respective schools in which they are working and liable for transfer, thereby they are not entitled for any protection.
Surprisingly, Sri P. Nagendra Reddy, learned counsel for the petitioner drawn attention of this Court to the interim order issued by learned single Judge of this Court in W.P.No.20789 of 2020 dated 10.12.2020, where this Court issued an interim direction to the respondents not to disturb the petitioners from their present place of posting and not to include their names in the counselling process in the general transfers of teaching and non-teaching staff being undertaken under G.O.Ms.No.54.
MSM,J WP_25405_2020 4 Taking advantage of the interim order passed in W.P.No.20789 of 2020 dated 10.12.2020, learned counsel for the petitioner insisted this Court to pass similar order.
Though the, learned counsel for the petitioner requested this Court to follow the interim order passed in W.P.No.20789 of 2020 dated 10.12.2020, the said interim order is not a binding precedent on this Court. Hence, I am not inclined to follow the interim direction issued in W.P.No.20789 of 2020 dated 10.12.2020.
Undoubtedly, the petitioners are working in different Zilla Parishad and Mandal Praja Parishad schools which are under the control of Education Department. Though the villages where the petitioners schools are located are merged with the Eluru and Chittoor Municipal Corporations, still the schools are not merged and control of the schools were not given to the respective municipal corporations as per Proceedings in Lr.Roc.No.11036/2/2017-JSEC (2299/2017/J3) dated 21.05.2020, where it is specifically stated as follows:
"In this context, it is to state that, as per the provisions of Municipal Act and Rules, after merging of certain areas into the limits of Municipal Corporation/Municipality/Nagar Panchayat, as the case may be all assets and liabilities located in that areas which pertains to Gram Panchayat come under the administrative control of Munciipal Corporation/Municipality/Nagar panchayat. The ULB provides all the civic amenities viz., roads, drains sanitation, street lighting etc. in the merged areas including in and around the ZP and MPP schools. All these schools are located in the merged areas/villages/colonies of Municipal Corporation/Municipality/Nagar Panchayat when it is emerged and still continued to be under different Managements. At present, these Schools are monitored/guided by the School Education Department and these schools are yet to be transferred from Panchayat Raj Department to Municipal Administration Department."
MSM,J WP_25405_2020 5 Thus, in view of the Proceedings in Lr.Roc.No.11036/2/2017- JSEC (2299/2017/J3) dated 21.05.2020, schools of the petitioners are not transferred to the management of the Municipal Corporations of Eluru and Chittoor, but still, under the managements. When once the schools are not under the control of Municipal Corporations, the petitioners are not being paid by the Municipal Corporations, but receiving salary from different managements which they are not entitled to claim exemption from G.O.Ms.Nos.53 and 54 School Education (Services. III) Department dated 12.10.2020. But, the apprehension of the petitioners is that, in case the petitioners transferred to any other schools after completion of eight years, they may lose their chance to work in the schools in the event of giving control of those schools to the municipal corporations.
No doubt, as on date, the petitioners are not the employees under the municipal corporations, but they are under the control of different management and governed by the rules of Education Department. Therefore, they cannot be treated as employees in municipal corporations. However, the proposal of merger of schools in villages into municipal corporations is allegedly pending with the second respondent for giving control of those schools to municipal corporations. But, no piece of evidence is brought on record. Even assuming that proposal is accepted by the Government, the petitioners cannot be treated as employees of Municipal Corporations. Therefore, as on date, the service conditions and transfers of the petitioners are governed by G.O.Ms.Nos.53 and 54 MSM,J WP_25405_2020 6 School Education (Services. III) Department dated 12.10.2020, but not by the Rules under Municipal Corporations Act.
As the petitioners have completed eight years of service in the present schools where they are working, they are liable to be transferred in terms of G.O.Ms.Nos.53 and 54 School Education (Services. III) Department dated 12.10.2020 to the schools under different management. But the petitioners are claiming in anticipation of merger, giving control to the municipal corporations and they are apprehending inconvenience. But, that is not a ground.
As on date, the petitioners who have completed eight years of service in the present schools which are under the control of different ZP/MPP schools are governed by G.O.Ms.Nos.53 and 54 School Education (Services. III) Department dated 12.10.2020 and the transfers of the petitioners are controlled by the Rules contained therein. Hence, I find that, it is not a fit case to issue the relief as claimed by the petitioners. Consequently, the writ petition is liable to be dismissed.
In the result, writ petition is dismissed. No costs. Consequently, miscellaneous petitions pending if any, shall also stand dismissed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:30.12.2020 SP