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Tuesday 20 February 2018

Cancellation of FAC orders to Dy.E.Os/Gr.1 HMs Rc.No.3546

Rc. No.3546 Dated 20-02-2018

 1. Proc.Rc.No.20/Estt.2-1/2015-7, Dated:11.08.2017 of this office.

2. Orders of the Hon'ble High Court in C.C.No.1400/2003 In W.P.No.8953/2000 dated:9.6.2017.

3. Orders of the Hon'ble High court in W.P.32717 of 2017 and ‘ W.P.32738 of 2017 dated 7.2.2018.

4. Govt. Memo.No.644883/Ser.l(1)/2017-1, Dated.17-02-2018.

        That the Government of Andhra Pradesh, issued G.0.Ms.No.505, dated 6.11.1998 and G.O.Ms.No.538, dated 20.11.1998 for integration of services of the Teachers working in Government and Zilla Parishad. The said Government orders were challenged before the Hon'ble Court, ultimately resulting into issuance of Ordinance 12 of 2005 and Act No.27 of 2005.

However, the said Act was challenged and the litigation went up to Honorable Supreme Court vide SLP.N0.88874 of 2007. The Hon'ble Supreme Court granted Status Quo Orders on 20.7.2009. While 50, in the Department some vacancies arose

due to Superannuation, promotion, etc. In order to ensure proper supetvision over various field level activities, including, school inSpections, vns.ts, conduct of regular Assessments, SSC examinations, Teacher Training, delivery of Mid-Day Meal, improve student academic standards, conduct Science Fairs and other programs etc, the Government of Andhra Pradesh have made temporary in-charge arrangements to such vacancies purely on temporary basis.

Contempt proceedings vide CC.No.1400 of 2003 were initiated against the above mentioned FAC orders for the vacant posts of Dy.E.0 on the ground of diSODedience of the orders of the Hon'ble High court orders dated 18.9.2003 in W.P-3953/2000. The same was challenged by the State of A.P. before the Hon'ble Supreme Court vide SLP.No.3588O of 2011; CA.No.4878-4885/2009 were heard

together and while dismissing the appeals on 30.9.2015, the Hon'ble Supreme Court has Passed the orders as follows:

" Since the recruitment of the local authorities. the Panchayat Samithis and the 2P are said to have been done in the compliance with para 8 of the Presidential Order, the State Government is at liberty to send a proposal to the Union of India obtaining the approval of the Premdent of indie to integrate the teacher of the Panchayat Samitis and the Zilla Parishads, who are also Government Servants with the existing local cadres of Teachers. As and when such proposal is sent to the Union of india, the same shall be considered at an early date. In the meantime, it would be open to the State Government of Andhra Pradesh to frame Rules to make suitable promotional

avenues for teachers and other employees of the Panchayat Samitis and the Zilla Parishads.”

Keeping in view the observation of the Hon’ble Supreme Court, the Government of India submitted certain proposals before the Hon‘ble President of India. His Excellency, passed amendment to Article 371 -D with retrospective effect vide G.S.R. 636(E) dated 23.6.2017 and G.S.R. 638(E) dated 23.6.2017, vide amended the Andhra Pradesh Public Employment (Organization of Local cadres anq regulation of Direct Recruitment) Order, 1975 with retrospective effect 110"] 16.11.1998 bringing into the ambit of the said order Mandat Educational officerl

Head Master and Head Mistress in Government and Zilla Parishad High Schools, Mandal Parsihad and Government Schools.

That pursuant thereto, the Government of Andhra Pradesh issued Notification in the Andhra Pradesh Gazette dated 04.7.2017 under G.O.Ms.No.81 &

82, General Administration (SPF&MC), dated 4.7.2017 giving effect to the said amendment.

     That for non-obedience of the orders of the Honorable High Court In W.P.8953 of 2000 dated 18.9.2003 contempt cases were filed vide CC.No.1400 of 2003 and CC.NO.244 of 2017, when the matters have come up for hearing before the Honorable High Court on 12.2.2018. The Honorable High Court has taken a serious view of the FAC arrangements made by the Government. Accordingly, the Government in the reference 4th cited has advised to withdraw
 the FAC orders issued, if any, after “Status Quo" orders of Honorable High Court, Dt.22-09-2017 in W.P.Nos.32717 & 32738 of 2017.

In view of the above, the FAC orders Issued in the reference 1“ read above to the following candidates are herewith cancelled with immediate effect.

1 M.Sankar Rao, HM, ZPHS, Ravela DyEO, ZP, Guntur

2 M.C.Anthaiah, HM, ZPHS, Phanidem DyE0, RMSA, Guntur

The District Educational Officer, Guntur is requested to take further necessary action accordingly.
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