Yerramreddy Venkata Suresh Reddy v. State of Andhra Pradesh
2019-11-08
M.GANGA RAO
body2019
DigiLaw.ai
ORDER : M. Ganga Rao, J. 1. The petitioners nine in number are working as teaching and non-teaching posts in V.C. Aided High School, Venkatareddypalli, H.M. Padu Mandal, Prakasam District as they were duly selected and appointed by the Staff Selection Committee following the procedure contemplated under G.O.Ms. No. 1, dated 01.01.1994 and G.O.Ms. No. 40, dated 18.06.2003 and as per the provisions of Education Act, after necessary permissions granted by the authorities as per the orders of this Court dated 30.07.2013 in Writ Petition No. 9503 of 2005 and batch selection and appointment of the petitioners were approved by the Competent Authority, the 3rd respondent, Regional Joint Director, School Education, Guntur. 2. The grievance of the petitioners is that they were not being paid salaries since their appointment i.e. 11.09.2017 onwards. Since non-payment of salaries, the petitioners are put to great hardships and facing financial and other problems and respondent Nos. 5 to 7 are dodging the payment of salaries on the pretext of getting clarification from Deputy Director, District Treasury Office, Ongole addressed a letter dated 04.05.2019 and 23.05.2019. The petitioners state that the respondent Nos. 4 and 5 are paying salaries to the teaching and non-teaching staff similarly working in other schools as per the Memo issued by the Government dated 03.12.2016 in compliance of the orders passed by this Court in Writ Petition No. 9503 of 2005 and batch dated 30.07.2013, the present writ petition is filed seeking writ of mandamus to declaring the proceedings dated 04.05.2019 and consequential letter dated 23.05.2019 issued by the 5th respondent and 6th respondent respectively as illegal and arbitrary and violating the Article 14 and 21 of Constitution of India. 3. The case of the petitioners is that in pursuance to the orders of this Court dated 30.07.2013 passed in Writ Petition No. 9503 of 2005 and batch, the 3rd respondent issued proceedings No. 1283/A4/2017, dated 17.04.2017, as per the memos issued by the respondent Nos. 1 and 2 dated 07.12.2016 permission is accorded to fill the vacant aided posts as per the communal roster. Pursuant to the proceedings of the 4th respondent, District Educational Officer, Kandukuru issued consequential proceedings No. 1320/B3/2017, dated 17.06.2017 appointing the Deputy Educational Officer as Departmental Nominee for the Staff Selection Committee for the purpose of filing up of the aided posts sanctioned to the V.C. Aided High School, Venkatareddypalli by the 3rd respondent.
Pursuant to the proceedings of the 4th respondent, District Educational Officer, Kandukuru issued consequential proceedings No. 1320/B3/2017, dated 17.06.2017 appointing the Deputy Educational Officer as Departmental Nominee for the Staff Selection Committee for the purpose of filing up of the aided posts sanctioned to the V.C. Aided High School, Venkatareddypalli by the 3rd respondent. The Deputy Educational Officer, Kandukur participated in the selection process as a Nominee of the selection committee to fill up the vacant aided posts in terms of the proceedings issued by the 3rd respondent. The Staff Selection Committee consisting of Departmental Nominee, Subject Experts, Panel Head Masters and after conducting written test for 80 marks and oral test for 20 marks. The petitioners were selected by the Selection Committee which met on 29.06.2017 and they were joined in the post on 11.09.2017 and the same was approved by the 3rd respondent vide proceedings No. ESE02-11021/120/2019-A Section-RJD, GNT, Dated 16.04.2019. The Mandal Education Officer, H.M. Padu Mandal has submitted the 1st salary bill of the 10 individuals separately for the period from 11.09.2017 to 30.09.2017 on 28.04.2019 and 29.04.2019. But the 6th respondent had illegally, contrary to the Government orders addressed a letter dated 04.05.2019 to the Deputy Director, District Treasury Office, Ongole seeking clarification stating that proceedings enclosed to the bills all the proceedings are only issued by the Commissioner School Education and RJD, School Education Guntur and the Government Memos enclosed by the Mandal Education Officer concurrence of Finance Department not obtained. Further all the 10 posts filled are related to OC(G) only which is contrary to the selection and appointment order approved by the 3rd respondent, RJD, School Education Guntur which is contrary to the Memo dated 20.03.2019 of the 1st respondent and 16.04.2019 consequential memo issued by the 3rd respondent. 4. Sri N. Subba Rao, learned counsel appearing for the petitioners submits that the selection of the petitioners as teaching and non-teaching and their appointments in the V.C. Aided High School, Venkatareddypalli, H.M. Padu Mandal, Prakasam District as per the orders of this Court dated 30.07.2013 passed in Writ Petition No. 9503 of 2005 and batch. Their selection is as per the procedure prescribed G.O.Ms. No. 1, dated 01.01.1994 and G.O.Ms. No. 40, dated 18.06.2003 appointments are made by the competent Staff Selection Committee duly following the communal roster and the same was approved by the 3rd respondent. The respondent Nos.
Their selection is as per the procedure prescribed G.O.Ms. No. 1, dated 01.01.1994 and G.O.Ms. No. 40, dated 18.06.2003 appointments are made by the competent Staff Selection Committee duly following the communal roster and the same was approved by the 3rd respondent. The respondent Nos. 5 and 6 have no power or authority to sit over the approval of the petitioners selection by the 3rd respondent as per the orders issued by the respondent Nos. 1 and 2 and creating unnecessary hurdles in payment of salaries to the petitioners while accepting and paying the salaries to the other similarly situated persons in the list made by the respondent Nos. 5 and 6. The petitioners are not paid salaries since 20 months whereby the petitioners put the great financial hardships. The action of the respondents in not paying the salaries to the petitioners are is in utter violation of provisions of Article 14 and 21 of the Constitution of India. The teaching and non-teaching posts are aided vacancies sanctioned by the Government and they were filled up by the 4th respondent after obtaining necessary permissions from the competent authorities as per the orders of this Court dated 30.07.2013 passed in Writ Petition No. 9503 of 2005 and batch. The petitioners appointments are made with reference to the G.O.Ms. No. 1, dated 01.01.1994 and G.O.Ms. No. 40, dated 18.06.2003 accorded permission to fill the aided posts in VCA High School, Venkatareddypalli of Prakasam District by following the communal roster and as per the provisions of Education Act after necessary approval of the correspondence of the school as per the procedure in pursuance to the proceedings dated 11.09.2017 issued appointment orders in terms of Sub Rule 8 of Rule 12 issued through G.O.Ms. No. 1, dated 01.01.1994. The petitioners jointed in respective posts on 11.09.2017 and since then they are working in their respective posts. The petitioners salaries were not released though the appointments were made pursuant to the Memo dated 03.12.2016, though the salaries are released from the date of their joining in respect of similarly situated persons. But, they are not receiving the salaries for the last two years.
The petitioners salaries were not released though the appointments were made pursuant to the Memo dated 03.12.2016, though the salaries are released from the date of their joining in respect of similarly situated persons. But, they are not receiving the salaries for the last two years. Unfortunately, the salary bills were submitted in respect of the petitioners, the 5th respondent addressed a communication dated 04.05.2019 stating as if he is authority to sit over the permissions which were granted by the Government and the Commissioner of School Education, by raising objection that there is no concurrence, as if they are the authorities to verify the permissions which were accorded by the Government in compliance of the orders of this Court. The Commissioner of School Education also issued orders in Rc. No. 90/PS/1/2010-3, dated 20.07.2017 to fill up aided posts which are covered under orders of this Court in W.P. No. 95603 of 2005 and batch, the petitioners should be paid regular salary from the date of their joining into aided post on par with government teachers. 5. Per contra the Government Pleader for School Education and G.P. for Finance while reiterating the contents of the counter accepted that the petitioners were appointed in various teaching and non-teaching posts as per the roster and orders issued by the competent authorities as per the orders of this Court dated 30.07.2013 passed in Writ Petition No. 9503 of 2005 and batch. But the learned Government Pleader for School Education and G.P. for Finance submits that the appointments of the petitioners were made without concurrence of the Finance Department. 6. This Court having considered the facts and circumstances of the case, and submissions of the counsel, perused the record, came to the conclusion that the petitioners were selected and appointed in teaching and non-teaching posts in the different posts in V.C. Aided High School, Venkatareddypalli, H.M. Padu Mandal, Prakasam District they were selected by duly constituted Staff Selection Committee by the District Education Officer as per the proceedings contemplated in the rules issued in G.O.Ms. No. 1, dated 01.01.1994 and G.O.Ms.
No. 1, dated 01.01.1994 and G.O.Ms. No. 40, dated 18.06.2003 as per the various terms accorded by the 2nd respondent/Commissioner of School Education and various orders issued by the 4th respondent/District Educational officer, Ongole, Prakasam District as per the orders issued by the 1st respondent in Memo No. 18836/PS/A2/2010 and the salaries and appointments of the petitioners were approved by the 3rd respondent vide proceedings No. ESE02-11-21/120/2019-A SEC-RJD-GNT, dated 28.04.2019 has issued approval orders the selection made by the Staff Selection Committee in respect of V.C.A. High School, Venkatareddypalli, H.M. Padu Mandal, when the selection and appointment of the petitioners in aided teaching and non teaching posts available in V.C. Aided High School, Venkatareddypalli, H.M. Padu Mandal as per the orders issued by the competent authority, as per the orders of this Court dated 30.07.2013 passed in Writ Petition No. 9503 of 2005 and batch, The correspondence of the school as per the procedure pursuant to the proceedings dated 11.09.2017 issued appointment orders in terms of sub-rule 8 of Rule 12 of G.O.Ms. No. 1, dated 01.01.1994 and the petitioners are joined in the school in their respective posts on 11.09.2017 and working since then. The Mandal Education officer submitted salary bills to the 5th respondent, the 5th respondent took an objection stating that the appointment of the petitioners were made under after obtaining various orders, but without concurrence of the finance department and sought clarification from the 6th respondent. The 6th respondent in turn vide proceedings dated 04.05.2019 asked the 7th respondent to get clarification was mentioned in the G.O. No. 40, dated 30.06.2017 or in Government Memo dated 20.03.2019. Hence, the respondent Nos. 5 to 7 are dodging the payment of salaries to the petitioners. The respondent Nos.
The 6th respondent in turn vide proceedings dated 04.05.2019 asked the 7th respondent to get clarification was mentioned in the G.O. No. 40, dated 30.06.2017 or in Government Memo dated 20.03.2019. Hence, the respondent Nos. 5 to 7 are dodging the payment of salaries to the petitioners. The respondent Nos. 5 to 7 sit over the selection and appointments of the petitioners and they were not allowed to take plea that the appointment and selection were made without concurrence of the finance department and the payment of salaries to the petitioners whereas they were selected and appointed in aided posts which are sanctioned long back to the V.C. Aided High School, Venkatareddypalli, H.M. Padu Mandal when they were not allowed to fill up the vacancies they were approached this Court and this Court by order dated 30.07.2013 in Writ Petition No. 9503 of 2005 and batch directed the respondents therein to fill up the sanctioned aided vacancy posts as per the procedure contemplated under G.O.Ms. No. 1, dated 01.01.1994 accordingly the respondents issued various orders in pursuance to the orders of this Court dated 30.07.2013 passed in Writ Petition No. 9503 of 2005 and batch. The petitioners are directly selected and appointed through process of selection by the Staff Selection Committee constituted by the District Educational Officer 4th respondent. But at this length of time after selections and appointments were made and approved by the competent authority the respondent Nos. 3 and 5 to 6 are not supposed to raise objection for payment of the salaries to the petitioners on the ground that these appointments are not made with the concurrence with the Finance Department when the aided posts are sanctioned by the Government through G.O.Ms. No. 40, dated 30.06.2017 the petitioners are not being paid salaries since their appointments inspite of the proceedings of the 4th respondent which amounts violation of Article 14 and 21 of Constitution of India. 7. Accordingly, the Writ Petition is disposed of directing the respondent Nos. 5 and 7 to pay the salaries to the petitioners as expeditiously as possible not later than two months from the date of receipt of the copy of this order. There shall be no order as to costs. 8. Consequently, Miscellaneous Petitions, if any, pending shall stand closed.