Panchayat Raj Act, 1994. Under the said rules, part n was specifically framed in respect of the employees including the teachers in Panchayat Samithis and Zilla parishads and Part I specifically deals with the teachers and teaching staff working in Government schools. Therefore, when once the Government the already framed the rules for the teachers working in panchayat Raj Institutions, the question that arise for consideration is as to whether the Government can issue G. O. Ms. No. 538 by virtue of power conferred under sections 78 and 99 of A. P. Education Act and by virtue of the proviso to Article 309 of the Constitution of India in respect of the same service.

( 83 ) IN A. B. Krishna v. State of karnataka, AIR 1998 SC 1050, it was observed by the Supreme Court that: "9. It is no doubt true that the rule-making authority under Article 309 of the Constitution and Section 39 of the Act is the same, namely, the Government (to be precise, the Governor, under Article 309 and the Government under section 39), but the two jurisdictions are different. As has been seen above, power under Article 309 cannot be exercised by the Governor, if the Legislature has already made a law and the f

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