HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.14515 of 2019

ORDER:

The case of petitioner, and her grievance, as can be culled out from the writ affidavit is that she was appointed as a School Assistant in the year 1996 in Zilla Parishad High School, Shameerpet, Ranga Reddy District. Following the Presidential Order, 1975, and G.O.Ms.No.184, dated 18.12.2007, the petitioner and several others were repatriated to their respective local cadres, thereby the petitioner was repatriated to Hyderabad District in June 2011, and was posted to Government Boys High School, Bollarum, Trimulgherry Mandal. It is her grievance that though she was appointed in the year 1996 and her seniority had to be reckoned from 1996, she has been shown as a ‘deputationist’ to Hyderabad in the repatriation process, thereby she was not considered for promotion while her juniors were promoted as Headmasters ahead of her in Hyderabad.

2. Heard Mr. J.R. Manohar Rao, learned counsel for the petitioner; and learned Government Pleader for Services-I.

Perused the record.

3. Learned counsel for the petitioner, while making submissions on the lines of writ affidavit, contends that the petitioner and others submitted representations seeking inclusion in the seniority list, which were referred to a Commission. The Commission observed that the government's own circulars, including Circular Memo No. 9543/MC/2007-7, explicitly required that repatriated employees be absorbed in substantive posts, with supernumerary posts created if necessary, and that their seniority be determined under Rule 33 of the A.P. State and Subordinate Service Rules. The Commission directed the respondents to take appropriate action to address the grievances of the repatriated employees within three months. Despite these directions, the respondents have failed to absorb the petitioner in a substantive post or recognize her seniority from 19.11.1996. Learned counsel contends that the respondents' inaction violates G.O.Ms.No.184, which provides for the creation of supernumerary posts and the protection of seniority for repatriated employees. It is also contended that sanctioned posts in the cadre of School Assistant (English) exist in schools within Hyderabad District, including Gati Government High School, Banjara Hills, and Government High School, Film Nagar, which could accommodate her services. Learned counsel asserts that her continued classification as a deputationist since 2011 is impermissible under the provisions of G.O.Ms.No.184 and the directions of the Commission. It is contended that the respondents' failure to absorb her in a substantive post, along with their refusal to include her in the seniority list and consider her for promotion, is discriminatory, arbitrary, and in violation of her rights. The petitioner seeks relief in the form of absorption into a substantive post within Hyderabad District, recognition of her seniority from her initial appointment on 19-11-1996, and consideration for promotion to the post of Head Master based on her rightful seniority.

4. The sum and substance of the contentions of the learned Government Pleader, insofar as touching the material contentions of the petitioner, is that prior to provincialization of services, the teaching and non-teaching staff of the Zilla Parishad and Mandal Parishad schools were governed by the Panchayat Raj and Zilla Parishad Act, 1959, and were not classified as government servants; and therefore the petitioner’s claim of seniority, absorption into government service, and promotion require examination within the framework of service unification and the applicable rules. It is contended that though G.O.Ms.No.168, dated 20.03.1981 extended government service rules, and the subsequent G.O.Ms.No.505, dated 16.11.1998, and G.O.Ms.No.538, dated 20.11.1998, sought to unify the teaching staff of Zilla Parishad and local Body schools with government school teachers, these G.O’s were struck down by this Court as they were lack