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2022 DIGILAW 877 (AP)

P. v. N. Hymavathi VS State of Andhra Pradesh

2022-09-13

K.MANMADHA RAO

body2022
JUDGMENT Dr. K. Manmadha Rao, J. - 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. 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. 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. 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. 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.