HONOURABLE SRI JUSTICE V. ESWARAIAH AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 22039 of 2009. DATED 02nd November, 2009 BETWEEN The District Panchayat Officer, Karimnagar and ors. …….Petitioners and T.Rajender Rao and ors. …Respondents. HONOURABLE SRI JUSTICE V. ESWARAIAH AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 22039 of 2009. ORDER: ( Per VE.J.) The respondents 1 and 2 herein are the applicants before the Andhra Pradesh Administrative Tribunal( for brevity ‘the Tribunal’) in O.A.No. 952 of 2005. The said OA was filed questioning the action of the petitioners herein in not paying the salary for the period actually worked by respondents 1 and 2 as full time Bill Collectors, despite issuance of show cause notice in Lr. No.A6/3968/04-Pan dated 23.11.2004 and ignoring the orders issued in Lr.No.A1/208/2002-Pan dated 28.10.2003 by the second petitioner, releasing the salary amount from the wage grant as illegal and against the principles of natural justice. The Tribunal, by its order dated 22.07.2009, allowed the said OA directing the petitioners herein to release the salary for the period the respondents/applicants worked as Bill Collectors from July,2004, within a period of six weeks from the date of receipt of a copy of the order. Aggrieved thereby, the petitioners filed present the Writ Petition. Heard the learned Government Pleader appearing for the petitioners and the learned Counsel appearing for the respondents 1 and 2. The respondents 1 and 2 were appointed as Part Time Clerks in the Gram Panchayats Sathekapally and Kustapur respectively vide resolution dated 15.10.1988 and later, by proceedings dated 10.5.1997 of the District Panchayat Officer, the posts held by them were converted into full time Bill Collectors in the appropriate time scale. Earlier, the respondents 1 and 2 herein filed O.A.No. 8622 of 2002 before the Tribunal seeking a direction to absorb them in the regular posts of Bill Collector. The said OA was disposed of by the Tribunal by an order dated 29.11.2001 directing respondents 1 and 2 to make a representation to the first writ petitioner and on such representation being made, the same may be examined in accordance with the rules and appropriate orders be passed. It was further directed that the salary due to respondents 1 and 2/ applicants for the period for which they have actually discharged their duties be paid to them. For non-compliance of the said order, respondents 1 and 2 filed Contempt Application and the Tribunal by an order dated 31.01.2005 held that payment of salary has to be made by the Sarpanch from the funds upto 30% of the income as per the orders passed by the District Panchayat Officer. Further, respondents 1 and 2 were directed to make a representation for payment of salary. The representation submitted by them pursuant to the said order was considered and rejected by the Collector (PT.WING), Karimnagar vide order in Roc.No. A2/2554/2001-Pts, dated 30.09.2005. The relevant portion of the said order reads as follows: “ …..The salaries of the applicants being paid in the post of PTC i.e. prior to conversion into post of Bill Collector, but not paying the salaries in the scale of Bill Collector from Gram Panchayat if the scale is effected the Gram panchayat would not be able to pay salaries even to the Sanitation staff and meet the other expenditure such as providing street lights, water supply stationary charges etc. further they stated that they are ready to pay the salaries of PTC posts only, but not to pay the salaries in the converted Bill Collector scale from G.P. funds. Further it is also to inform that the then District Panchayat Officer without observing the releases of salary grant to the Gram Panchayats has issued directions on 28.10.2003 to the Sarpanchs concerned to pay the salaries from the wage grant allotted towards salaries of G.P. employees. In fact never released the salary grant to the G.P. Sathakkapalli and Kustapoor, this fact is well known to the applicants also. Further it is informed that Sri P.Bhomanandam was also converted and later on he has been transferred against to the provincialised post of Bill Collector in other Gram Panchayat by the then District Panchayat Officer’s irregularly without any competency, the action is in process against the officials who involved. In view of the above facts the payment of salaries in the time scale from the grant-in-aid by the respondent does not arise, as the salary grant is being released strictly to the provincilised posts only and the services of the applicants in the cadre of Bill Collector cannot regularized at this juncture, their appointment and conversion it self is irregular and issued without competency.” The said order of the first writ petitioner-Collector (Pt.Wing) Karimangar has not been questioned before any Court of law and it attained its finality. However, the respondents 1 and 2 filed O.A.No.952 of 2005 for the relief stated supra. Though the order dated 30.9.2005 passed by the Collector (Pt.Wing) was brought to the notice of the Tribunal and further the fact that the said order has not been challenged before any authority or Court of law, the Tribunal, by its order dated 22.07.2009 without adverting to the legality or otherwise of the order dated 30.09.2005, simply directed the petitioners to release the salary for the period the respondents worked as Bill Collectors from July, 2004. The orders of the District Panchayat Officer, Karimnagar, dated 10.05.1997 converting the posts of part time clerks held by the respondents into the full time Bill Collectors with effect from 01.01.1997 are irregular, without jurisdiction and contrary to the orders of the Government in G.O.Ms.No. 439, Panchayat Raj (Estt.IV) Department, dated 10.09.1985, wherein it has been clearly specified that the power of creation, up-gradation conversion etc of any post in the gram panchayat vests with Government only. In the said Government Order, it was stipulated that continuance of all posts in the Gram Panchayats if they are in accordance with the staffing pattern, the expenditure on establishment including provincialised posts shall be within 30% of the normal income of the gram panchayats. It is stated that in view of the orders of the District Panchayat Officer dated 10.5.1997, if the salaries of the respondents herein are included, the expenditure on establishment of 5th and 6th petitioners exceeds to 75% and 90% respectively of their normal income. Further, it is to be seen that pursuant to the orders of the Tribunal, respondents 1 and 2 filed their representation for payment of salary in the post of Bill Collector and the same was considered and rejected by the first petitioner by his order dated 30.09.2005. The relevant portion of the said order is quoted supra. It is to be seen that as much as respondents 1 and 2 have not challenged the said order before any authority or Court of law, letting it to attain finality, they are not entitled for any relief including the one sought for by them in the OA. The Tribunal without adverting to the order dated 30.09.2005 of the District Collector (Panchayat Wing), and, legality and validity of the orders dated 23.11.2004 and 28.10.2003 of the District Panchayat Officer, which were referred to in the order dated 30.09.2005, simply directed the writ petitioners to pay salary to respondents 1 and 2. The payment of salaries in the time scale from the grant-in-aid by the petitioners does not arise, as the salary grant is being released strictly to the provincilised posts only and the services of the respondents in the cadre of bill collector cannot be regularized inasmuch as their appointment and subsequent conversion are irregular and without any competency. For the foregoing discussion, the order of the Tribunal dated 22.07.2009 in OA.No. 952 of 2009 does not sustain and therefore, the same is set aside. The Writ Petition is allowed. However, it is open for the respondents 1 and 2 to question the order of the District Collector dated 30.09.2005, if law permits. No costs. -------------------------- JUSTICE V. ESWARAIAH -------------------------------------- JUSTICE VILAS V. AFZULPURKAR Dated 02nd November, 2009. Msnr.