Nation Current Affairs 29 Aug 2018 Hyderabad High Court ...

Hyderabad High Court says Govt bent rules for teachers

DECCAN CHRONICLE. | S A ISHAQUI
Published Aug 29, 2018, 12:38 am IST
Updated Aug 29, 2018, 12:38 am IST
As many as 3 lakh teachers working in Panchayat Raj schools of both states had been demanding Unified Service Rules.
Hyderabad High Court
 Hyderabad High Court

Hyderabad: In a significant ruling, the Hyderabad High Court on Tuesday declared that the amendment to the Presidential Order 1975 for implementation of Unified Service Rules for teachers working in government schools and schools run by local bodies was ultra vires of the power conferred by Clause (1) of Article 371D and beyond the purview of the different aspects indicated in sub-clauses (a) (b) and (c) of clause (2) of Article 371D of the Constitution.

This means promotions for teachers working in state schools/junior colleges and those working in ZP schools will be treated separately like earlier.  As many as 3 lakh teachers working in Panchayat Raj schools of both states had been demanding Unified Service Rules and about 42,000 teachers working in state government-owned schools of both states had been opposing it.

 

A division bench comprising Chief Justice Thottathil B. Radhakrishnan and Justice V. Ramasubramanian while allowing the petitions by the government teachers association of Telangana state and others held that “while there is power conferred by Article 371D to organise any class or classes of posts, no power of merger of cadres is expressly or impliedly conferred by Article 371D (1).”

The bench also held that “Entry  23A  inserted  in  the  Third  Schedule  to  the  Presidential  Order,  1975  by  GSR  637  (E)  dated  23.06.2017, in as much as the same  places as Mandal  Educational Officer, Headmaster  and   Headmis-tresses  in  Government  and  Zilla  Parishad  High  Schools  in  the  same  class,  is  ultra  vires  of Article  371D.” The petitioners challenged the Constitutional validity of (1) sub-para-(2A)  of  Para  3  of  the  AP Public  Employment  (Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975 and (2) Entries 23A, 26A and 26B of the Third Schedule to the Presidential  Order, 1975, inserted on June 23, 2014 with effect from Nov 20, 1998.

The Centre inserted the Para 2 A in the Presidential Order 1975 by which non-gazetted teachers working in  the schools of Mandal  and Zilla Parishads  were integrated with non-gazetted teachers working in state government schools and organised both these separate and distinct categories into a separate integrated cadre. The power to issue a Presi-dential order under Article 371D is not  for  ratification  of  any  act  already  done  in  violation  of  the  Presidential  Order.
 

Article 371D merely confers the power upon the President to organise various classes of posts in each department in each district into local cadres. Once this is done, it will be up to the Government to merge or integrate different categories of posts and to give retrospective effect, if permissible in law. The bench noted that instead of requesting for a Presidential order, merely to organise the posts of teachers in Zilla Parishad schools and Panchayat Samithis schools into local cadre in terms of Article  371D and thereafter, integrate them with  others in terms  of the  rules  issued under the proviso to Article 309, the  government appears to have  taken  a  shortcut  and  have  the  retrospective  effect  sanctioned  by  the  Presidential  Order  itself.

The bench  pointed out that “in order to insulate  the  retrospective  effect  from  any  attack  on  the  ground  of  Article  14,  the  State  Governments  appear  to  have   adopted   the   devious   method   of   seeking   a   Presidential  Order  to  integrate  2  different  cadres  with  retrospective  effect.  No court can approve of such a game plan.”

...
Location: India, Telangana




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