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Andhra Pradesh High Court
Judges : A.LAKSHMANA RAO, S.PARVATHA RAO
Government Of A.P. - Appellant
Versus
A.Narayana Swamy - Respondent
Decided On : 10-18-94
SOCIAL WELFARE RESIDENTIAL SCHOOLS - TEACHERS AND NON-TEACHING STAFF - APPOINTMENT ON AD HOC BASIS - REGULARISATION - ACT NO. 2 OF 1994 - SECTION 7 - PROHIBITION OF APPOINTMENT OF DAILY WAGE EMPLOYEES AND TEMPORARY APPOINTMENTS WITHOUT PRIOR PERMISSION OF COMPETENT AUTHORITY AND SPONSORSHIP BY EMPLOYMENT EXCHANGE - SECTION 9 - ABATEMENT OF CLAIMS FOR REGULAR APPOINTMENT OF DAILY WAGE EMPLOYEES AND PERSONS APPOINTED ON TEMPORARY BASIS - WRIT PETITIONS AND APPEALS - DISMISSAL.
Fact of the Case:
Teachers and non-teaching staff of Social Welfare Residential Schools in Andhra Pradesh, appointed on an ad hoc basis, sought regularisation of their services. The State Government issued guidelines for appointment of teachers on ad hoc basis for a period of 89 days on a consolidated pay of Rs. 600/- per month, which was later increased to Rs. 1200/- per month. Subsequently, the Government issued fresh guidelines allowing the schools to engage teachers on part-time basis at a remuneration of Rs. 10/- per period and session. The teachers and non-teaching staff contended that they were entitled to be regularised, irrespective of whether they were appointed after being sponsored by Employment Exchanges or not, and whether they were appointed after interview and selection by Selection Committees or not, in view of the fact that they worked for a number of years in the S. W. R. Schools. The State Government, however, relied on the Andhra Pradesh (Regulation of Appointments to Public services and Rationalisation of Staff pattern and Pay Structure) Act, 1994 (Act No. 2 of 1994), which prohibited the appointment of any person in any public service to any post, in any class, category or grade as a daily wage employee, and also prohibited temporary appointments without the prior permission of the competent authority and without the name of the concerned candidate being sponsored by the Employment Exchange. The Act also provided that no claims for regular appointment of daily wage employees and persons appointed on a temporary basis shall stand abated.
Finding of the Court:
The Court held that the Andhra Pradesh (Regulation of Appointments to Public services and Rationalisation of Staff pattern and Pay Structure) Act, 1994 (Act No. 2 of 1994) prohibited the appointment of any person in any public service to any post, in any class, category or grade as a daily wage employee, and also prohibited temporary appointments without the prior permission of the competent authority and without the name of the concerned candidate being sponsored by the Employment Exchange. The Act also provided that no claims for regular appointment of daily wage employees and persons appointed on a temporary basis shall stand abated. Therefore, the teachers and non-teaching staff were not entitled to regularisation of their services.
Issues: Whether the teachers and non-teaching staff of Social Welfare Residential Schools in Andhra Pradesh, appointed on an ad hoc basis, were entitled to regularisation of their services, despite the provisions of the Andhra Pradesh (Regulation of Appointments to Public services and Rationalisation of Staff pattern and Pay Structure) Act, 1994 (Act No. 2 of 1994), which prohibited the appointment of daily wage employees and temporary appointments without prior permission and sponsorship by Employment Exchange, and also provided for abatement of claims for regular appointment of such employees.
Ratio Decidendi: The Court held that the Andhra Pradesh (Regulation of Appointments to Public services and Rationalisation of Staff pattern and Pay Structure) Act, 1994 (Act No. 2 of 1994) prohibited the appointment of any person in any public service to any post, in any class, category or grade as a daily wage employee, and also prohibited temporary appointments without the prior permission of the competent authority and without the name of the concerned candidate being sponsored by the Employment Exchange. The Act also provided that no claims for regular appointment of daily wage employees and persons appointed on a temporary basis shall stand abated. Therefore, the teachers and non-teaching staff were not entitled to regularisation of their services.
Final Decision: The Writ Petitions filed by the teachers and non-teaching staff were dismissed, and the Writ Appeals filed by the State Government were allowed. The orders of the learned Single Judges under appeal were modified accordingly.
( 1 ) IN these matters several teachers and non-teaching workers whose services were being taken by the various Social Welfare Residential schools for boys and girls set up in the state of Andhra Pradesh, seek regulari-satipn of their services on a permanent basis with regular scales of pay applicable to the posts in which they were rendering services. Some of the Writ Petitions preferred by some of them were allowed by the learned Single Judges before whom they came up for final disposal and they were directed to be treated as regularly appointed to the posts in which they were rendering services from the dates on which their respective Writ Petitions were admitted, entitling them to the scales attached to the said posts and also to differential pay, increments and promotion reckoned from the respective dates of their regular appointments. Writ Appeals preferred by the respondents in those Writ petitions are before us and they are heard along with the remaining Writ Petitions.
( 2 ) WRIT Appeals Nos. 678, 725, 726, 745, 747 to 751, 753, 785 to 787 of 1993 and 242 of 1994 and Writ Petitions Nos. 4873, 5320, 5536, 6595, 8600 and 10616 of 1993 relate to teachers. Writ Appeals nos. 691 to 693, 697, 701, 702, 744, 752, 1141, 1215, 1218, and 1227 of 1993 and 29 of 1994 and Writ Petitions Nos. 3555 and 12759 of 1990 and 18123, 18246 and 18443 of 1993 relate to non- teaching staff.
( 3 ) FIRST the back ground. Under G. O. Ms. No. 118, Social Welfare (Q) Department dated 17-11-1983 the Govemment of andhra Pradesh established 46 residential schools for Scheduled Caste boys and girls named as Andhra Pradesh Social Welfare residential Schools (hereinafter referred to as s. W. R. Schools ) "in order to provide the best possible education to the children of the Schedule Caste and other weaker sections" as stated in the counter affidavits filed in these Writ Petitions. Subsequently 22 more schools were established under g. O. Ms. Nos. 159 dated 22-7-1985, 274 dated 23-12-1985, and 192 dated 31-7-1986 all of Social Welfare (Q) department Initially two such schools were set up in each of the 23 districts of the State - one for boys and another for girls. Subsequently one more school was set up in each of the districts except in Hyderabad district In order to look after the management of these schools, the State government constituted a District Social welfare Residential Schools Society in each of me districts under GO. Ms. No. 30 dated 14-2-1984 of the Social Welfare department (hereinafter referred to as the district Society ). The District Collector is the Chairman of the District Society and he was authorised to appoint the teaching staff of the residential schools within the district under G. O. Ms. No. 127 dated 31-8-1984. Subsequently, the State Government decided to establish a State level Society named as the Andhra Pradesh Social welfare Residential Educational Institutions Society (hereinafter referred to as the State Society ), to supervise, control and manage the S. W. R. Schools, under g. O. Ms. No. 245 dated 3-10-1986 of Social welfare (Q1) Department. It is relevant to note here that it is stated in the said GO. that the S. W. R. Schools have been established "in order to provide quality education to talented Scheduled Caste children coming mainly from the rural areas".
( 4 ) THE State Society has been registered under the Andhra Pradesh public Societies Registration Act, 1350 fash. Clause 3 of its Memorandum of association deals with its aims and objects. Sub-clauses (a), (b) and (e) of clause 3 of its objects are relevant and mey are as follows:" (a) to establish, maintain, control and manage Social Welfare Residential Schools and Colleges (Gurukula vidyalayamulu) for the talented and meritorious children belonging to scheduled Castes and others residing within the State of Andhra Pradesh and to do all acts and things necessary for or conducive to promotion of such schools and colleges. (b) to affil
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