HYDERABAD: The Telangana High Court has stayed the memorandum issued on August 22 of this year by the principal secretary (GAD) through which the state government has to reorganise employees in the state’s model schools as per the recent zonal, multi-zonal system adopted by the government.
A division bench, comprising Chief Justice Ujjal Bhuyan and Justice C.V. Bhaskar Reddy, was dealing with a petition filed by G. Narasimha Reddy and others, challenging the recent memo and the amendments to article 371-D clause, which is applicable to the undivided Andhra Pradesh to safeguard the rights of locals in employment and education.
The petitioners complained that the amending clauses 1 and 2 were invalid as the amendment had to be done as per the procedure prescribed under Article 368. They said that the Presidential Order of 2018 was in conflict with the Presidential Order of 1975 in the absence of any amendment to Clause 1 and 2 of Article 371-D.
Petitioner’s counsel Phani Bhushan and Ramulu said that based on GO 124, the principal secretary of GAD had issued a memorandum to reorganize employees of model schools, which would be unsustainable as amendments to Article 371-D are ultra vires.
They also argued that if the government argues that section 97 of the AP State Reorganization Act provides necessary amendments to the prevailing statues, then the same should be done within the three-year time prescribed in the Act.
Having heard the contentions of the petitioners, the bench issued interim stay orders on the implementation of the GAD memo and adjourned the case to October 19. Meanwhile, the Union and state governments have been directed to file their respective contentions in this regard.
