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1967 Supreme(AP) 196
Andhra Pradesh High Court
Judges : O.CHINNAPPA REDDY
P.Bhupathi Reddy - Appellant
Versus
Government Of A.P. represented by Secy.Panchayat Raj Dept., Hyderabad - Respondent
Decided On : 11-30-67
Abolition of posts does not amount to removal from service under Art. 311 of the Constitution.
Headnote:
{'KEYWORD': 'Abolition of Posts - Government Service - Constitutional Protection - Art. 311', 'SUBJECT': 'Validity of Government Orders abolishing posts of Village Level Workers and Gram Sevikas under Government service and integrating them with Panchayat Samithis and Zilla Parishads', 'ACT SECTION LIST': ['Art. 311 of the Constitution of India', 'Section 309 of the Constitution of India', 'Section 26 (2) of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act'], 'SUMMARY': "The Andhra Pradesh Government abolished the posts of Village Level Workers and Gram Sevikas under Government service and integrated them with Panchayat Samithis and Zilla Parishads. The petitioners, who were holding these posts, challenged the validity of the Government Orders on the grounds that they were removed from service without following the procedure prescribed under Art. 311 of the Constitution and that their conditions of service could not be altered without the concurrence of the Government of India under the States Reorganisation Act. The Court held that the abolition of posts did not amount to removal from service and therefore Art. 311 was not attracted. It also held that the petitioners' conditions of service were not altered as they were given the option to join the Panchayat Samithis and Zilla Parishads."}
Fact of the Case:
The petitioners were appointed as temporary Village Level Workers in the Community Project and National Extension Service Blocks of the Government of Hyderabad in 1955. In 1957, the Government of Andhra Pradesh constituted a distinct class in the Andhra Pradesh General Subordinate Service consisting of the temporary posts of Village Level Workers under the Community Development Programme. In 1965, the Government abolished these posts and integrated them with Panchayat Samithis and Zilla Parishads.
Finding of the Court:
The Court held that the abolition of posts did not amount to removal from service and therefore Art. 311 was not attracted. It also held that the petitioners' conditions of service were not altered as they were given the option to join the Panchayat Samithis and Zilla Parishads.
Issues: 1. Whether the abolition of posts amounted to removal from service under Art. 311 of the Constitution? 2. Whether the petitioners' conditions of service were altered without the concurrence of the Government of India under the States Reorganisation Act?
Ratio Decidendi: 1. The Court held that the abolition of posts did not amount to removal from service as the petitioners were only appointed temporarily and had no right to the posts. It also relied on the Supreme Court judgment in Parshotam Lal Dhingra v. Union of India, AIR 1958 SC 36, which held that the abolition of posts does not attract Art. 311. 2. The Court held that the petitioners' conditions of service were not altered as they were given the option to join the Panchayat Samithis and Zilla Parishads.
Final Decision: The Court dismissed the petition and held that the Government Orders abolishing the posts of Village Level Workers and Gram Sevikas under Government service and integrating them with Panchayat Samithis and Zilla Parishads were valid.
( 1 ) THE several petitioners in this Writ petition seek a direction that G. O. Ms. No. 366 dated 27-3-1965 and G. O. Ms. No. 411 dated 1-4-1965 may not be implemented against them. All of them were appointed as temporary Village Level Workers in the Community Project and National Extension Service Blocks of the Government of Hyderabad in 1955. The Government of Andhra Pradesh by G. O. Ms. No. 896 dated 24-7-1957 constituted a distinct class in the Andhra Pradesh General Subordinate Service consisting of the temporary posts of Village Level Workers under the Community Development Programme. Clause 8 of G. O. Ms. No. 896 required that a person appointed to the post of Village Level Worker shall, after the successful completion of the prescribed period of training, be on probation for a total period of one year on duty within a continuous period of two years. In 1965 Collectors under whose authority the petitioners were working declared that they had satisfactorily completed their probation on the various dates mentioned against their names. By G. O. Ms. 575 dated 27-5-1964 the Government accepted the recommendation of a Committee constituted by them in pursuance of the direction of the Government of India that permanent posts should be sanctioned to retain the services of the staff employed in the various cadres in the Community Development Blocks. Meanwhile in 1959 the Andhra Pradesh Panchayat Samithis and Zilla Pari-shads Act had come into force. In addition to the posts of Village Level Workers and Gram Sevikas under Government service another set of post of Village Level Workers and Gram Sevikas under the Panchayat Samithis and Zilla Parishads had been brought into existence. Since the Community Development Programme in this State had been entrusted to the Panchayat Samathis and Zilla Parishads all the staff working in the blocks previous to the coming into force of the Zilla Parishads and Panchayat Samithis Act were also placed under the control of the Panchayat Samithis and Zilla Parishads and since they were Government servants they were treated as on foreign service. The Community Development Projects having been entrusted to Panchavat Samithis and Zilla Parishads there was no further need for the Government to continue the posts which had been originally created solely for service in the blocks. The Government also thought it was desirable that there should not be two sets of posts under the Panchayat Samithis and Zilla Parishads doing the same type of work. It was therefore decided that these posts should be integrated Consequently the Governor by a notification under Section 309 of the Constitution of India repealed G. O. Ms. No. 896 dated 24-7-1957 and abolished the costs of Village Level Workers and Gram Sevikas under Government service Since the effect of abolition of these posts was to discharge all those holding the posts from Government service a choice was given to them to opt for services as village Level Workers and Gram Sevikas under the Panchayat Samithis and Zilla Parishads. In order to absorb them in that service the Governor in exercise of his powers under Section 26 (2) of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act created an equal number of posts of Village Level Workers and Gram Sevikas under the Panchavat Samithis. The employees were also assured that their previous service under the Government will be taken into consideration for all purposes The Government issued G. O. Ms. Nos. 366 dated 27-3-1965 and 411 dated 1-4-1965 to carry out these objects. The petitioners are aggrieved by these two orders and have filed this application for the issue of a writ not to implement these orders against them.
( 2 ) THE main contention of Mr. S. Ramachandra Rao for the petitioners is that the Government has no jurisdiction to convert Government service into non-Government service and that by the abolition of the posts under Government service the petitioners have in effect
