THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.2265 OF 2002 O R D E R This writ petition is filed for a direction to the 1st respondent – The District Educational Officer, to admit the petitioners in grant-in-aid post with effect from 23.6.1992 in case of 1st petitioner and from 27.2.1992 in case of 2nd and 3rd petitioners, with all attendant benefits and further declare that the 3rd respondent – Singareni Collieries Education Society, represented by its Secretary, Kothagudam, Khamma District, cannot exercise any control on the conditions of service of the petitioner and to pass such other orders as in the circumstances deem fit. 2. The case of the petitioners as stated in the affidavit filed in support of the writ petition is that their names were sponsored by the Employment Exchange and their selections were conducted by a committee, including the 1st respondent and accordingly, the 1st and the 2nd petitioners were appointed on 19.1.1989 and 3rd petitioner was appointed on 5.6.1989, as Secondary Grade Teachers (SGT) in Singareni Collieries High Schools situated at Adilabad District. 3. The Government of Andhra Pradesh by G.O.Ms.No.326/Edn dated 17.10.1989 has sanctioned grant-in-aid posts at Singareni Collieries High School, CCC, Naspur, Adilabad with effect from 1.1.1989. The 2nd respondent – Correspondent of the School, sent proposals to admit the petitioners into grant-in-aid posts on 23.6.1992, for the 1st petitioner and on 27.7.1992, for petitioners 2 and 3, for absorption with effect from 1.5.1992 and 1.7.1992 respectively. 4. The school management is drawing the grant-in-aid salaries of the teachers working in Singareni Collieries Co. Ltd., since its inception from the Government and paying the salaries to all the aided and un-aided staff on its own. The grant-in-aid is being drawn by the 2nd respondent in lump-sum. Further, the 2nd respondent – Correspondent is also drawing the grant-in-aid salaries of the petitioners, since 1992. 5. The case of the petitioners is that as the Government has sanctioned grant-in-aid posts in the 2nd respondent – school and they being seniors and most qualified and selected through properly constituted committee are entitled for absorption into grant-in-aid. However, recently they came to know that the correspondence is going on between the 1st respondent and the 2nd respondent about the absorption of the petitioners into grant-in-aid. It appears that the 1st respondent at this length of time is taking objection that the appointments made by Singareni Collieries Co. Ltd., after the issue of G.O.Ms.No.524/Edn dated 20.12.1988 are not yet approved by the competent authority ie., the District Educational Officer, though the selections were made following the procedure contemplated in the said G.O. and the selection committee consisted of representative as per G.O. In fact, the Deputy Educational Officer has more than once brought to the notice of the 1st respondent – District Educational Officer that the selection of the petitioners and others after the issue of G.O.Ms.No.524/Edn. dated 20.12.1988 were made as per the guidelines given in the said G.O. It is stated that the Singareni Collieries Co. Ltd., which has appointed the petitioners and hundreds of other teachers, is a Government Company, being headed by senior I.A.S. Officer and hence it is unfortunate that the 1st respondent consistently refusing to see the reason and issue formal orders admitting the petitioners into grant-in-aid. 6. It is further stated that the 3rd respondent – society was formed with the officers of the Singareni Collieries Co. Ltd. The Services of the petitioners and other teaching and non-teaching staff of Singareni Collieries High School, are not transferable. However, the 3rd respondent is trying to exercise powers without any authority of law. The teachers’ union has already field writ petition and interim orders are granted by the Hon’ble Court and the same is pending. It is stated that the in order to harass the teachers and to force them into submission, the 3rd respondent is adopting coercive methods including the transfer of teachers from one district to another, contrary to the Government Rules vide G.O.Ms.No.104 and the judgment of this court. It is submitted that the petitioners are entitled to be admitted into grant-in-aid since 1992 and pending finalization of the same if they are transferred, they will lose their right and they will be deprived of their grant-in- aid posts and post retirement benefits. In similar circumstances W.P.No.13492/2001 was admitted by this court and granted interim orders. 7. With these averments, the petitioners sought a direction to the 1st respondent – District Educational Officer to admit them into grant-in-aid since 1992. 8. The 1st respondent – District Educational Officer filed counter affidavit and while referring to the date of appointment of the petitioners stated inter alia that the management of the school has absorbed the petitioners into grant-in-aid posts due to transfer/promotion of the aided teachers without approval of the competent authority with effect from .5.1992, 1.7.1992 and 1.7.1992 respectively. The management of the school has appointment the petitioners after the issue of G.O.Ms.No.524/Edn. Dated 20.12.1988 and hence it is not feasible and the procedure contemplated under the said G.O. has not been followed and moreover the appointments of the petitioners in the unaided posts were not approved by the competent authority. It is further stated that it is a fact that Singareni Collieries Company Limited is a Government Company and is being headed by a senior I.A.S. officer and it is also a fact that the petitioners are working in the school managed by the Singareni Collieries Company Limited. The Government have to take a decision for their absorption. The respondent is bound to follow the procedure contemplated in the said G.O. with regard to the absorption as envisaged in the Education Department. It is stated that the power for transfer of un-aided teaches working in the Singareni Collieries Company Limited, is vested with the management provided it does not contradict with the laws and bi-laws of the society. With these averments in the counter affidavit, the writ petition was sought to be dismissed. 9. In view of the above, certain admitted facts needs to be noted. It is an admitted fact that the petitioners were appointed as Secondary Grade Teachers in the Singareni Collieries High Schools situate at Adilabad District on 21.1.1989, 23.1.1989 and 1.7.1989 and the management has absorbed them into grant-in-aid posts during the year of 1992. The case of the petitioners is that their appointments were made in accordance with G.O.Ms.No.524/Edn dated 20.12.1988 by a committee including the nominee of the 1st respondent. On the other hand, the case of the 1st respondent – District Educational Officer is that the management of the school has absorbed the petitioners into grant-in-aid posts without approval of the competent authority and the procedure contemplated under G.O.Ms.No.524/Edn dated 20.12.1988 is not followed and that the appointments were made in the year 1989 after issue of the G.O. 10. Along with the writ petition, the petitioners have filed copies of the proceedings dated 16.12.1997 in SRP(P)/(w&m)/22.b/97/3053 whereunder the General Manager of Sreerampur Area of the Singareni Collieries Company Limited had addressed letter to the 1st respondent – District Educational Officer, Adilabad for approval of absorption of the petitioners into aided posts by approving their appointment. The said letter, to the extent relevant, is extracted as under for ready reference: “Dear Sir, Sub: Singareni Collieries Primary School, CCC-Naspur – Absorption of Staff into Grant-in-aid posts - Request for approval of appointments – Reg. Ref:- (i) YourLr.No.A4/5041/97 dated 24.8.1997. (ii) Our Office Lr.No.SCHS/CCC/97/1467, dated 29.9.1997. -- Kindly refer to the above correspondence on the subject requesting for approval of appointments to absorb 6 SGBT in the Grant-in-aid posts. In our Singareni Collieries Primary School, CCC-Naspur, 8(eight) SGBT posts were admitted into Grant-in-aid vide G.O.Ms.No.326/Edn. (SSE- I) Dept. dated 17.10.1989 (copy enclosed) and accordingly 8 SGBTs who were then working at S.C. Primary School, CCC, were absorbed into the aided posts with effect from 1st November, 1989. However, when the grant-in-aid posts have fallen vacant owing to promotion of incumbents as T.G. Assistants or due to transfer to other schools of Singareni Collieries Company, other qualified SGBTs on rolls were substituted against the aided posts. Thus, the following 6 SGBTs are, in fact, working in aided posts that have fallen vacant. It is requested that your kind approval may be given for absorption of the following into aided posts by approving their appointments. 1) Smt. K.Vasanthakumari, SGBT; 2) Smt. Lizzy Anthony, SGBT; 3) Sri Khaja Khaiser Mohiuddin,SGBT. 4) Smt. K.Jayasri, SGBT; 5) Smt. V.R.Suvarchala, SGBT, 6) Sri G.Janardhana Rao, SGBT The salaries of the above 6(six) SGBTs have not been released from July, 1997 onwards for want of approval from your office. It is to submit in this context that the Singareni Collieries Company Limited is a Government Company and Chairman and Managing Director of the Company is an I.A.S. Officer appointed by the A.P. Government. The company is running 17 schools in the three Districts of Adilabad, Karimnagar and Khammam as a welfare measure. All appointments in our schools are made by the Committee in which D.E.O., Khammam is a member as per the A. P. Educational Rules. Therefore, kindly consider the matter and accord your approval for absorption of the above 6 SGBTs against the existing grant-in-aid posts. Thanking you, sir, Yours faithfully, Sd/-- (General Manager, Sreerampur Area)” 11. From the above letter it is clear that the General Manager of the company has specifically stated that all appointments in their school are made by the Committee in which the District Educational Officer, Khamma is a member as per the A.P. Educational Rules and further it is clear that by narrating the facts, approval was sought for absorption of the SGBT teachers into the existing grant-in-aid posts. 12. Subsequently, the General Manager (Education) also addressed letter dated 12.5.2001 seeking approval for admitting the proposals under grant-in-aid. The main contention of the 1st respondent- District Educational Officer, Adilabad is that procedure contemplated under G.O.Ms.No.524 is not followed. In this regard, the letter addressed by the Deputy Educational Officer, Luxettipet to the 1st respondent in Lr.No.282/1 dated 29.11.2000 is required to be noticed. The said letter to the extent relevant is extracted as under: “Sir, Sub: SCHS – CCM – Proposals for absorption of certain teachers into the Grant-in-aid posts of S.C. Primary School, CCC – Submitted – Reg. Ref:- SCHS/CCC/2000/3280, dated 29.11.2000 of Correspondent, SCHS, CCC. --- I wish to inform that the Correspondent, S.C. High School, CCC has submitted proposals for absorption of (7) SGBT posts of the following members enclosing the original service registers Xerox copies of their academic and professional qualification and minutes of the selection. Sr.no. Name and Designation Date of appointment in the service Date of joining in the school Date from which the post may be absorbed into GRA. 1. K.Vasanthakumari SGBT 17.08.2002 1.8.1990 1.8.1990 2. Lizzy Anthony, SGNT 28.11.1987 28.11.1987 1.5.1992 3. K.Jayasree, SGBT 2.12.1987 2.12.1987 1.5.1992 4. Khajakhaisermohuiddin, SGBT 21.01.1989 21.01.1989 1.5.1992 5. V.R.Suvarchala, SGBT 23.01.1989 23.01.1989 1.7.1992 6. G.Janardhana Rao SGBT 1.7.1989 1.7.1989 1.7.1992 7. K.Gruhalaxmi, SGBT 12.8.1987 1.7.1997 1.7.1997 Appointment of teachers 1,2,3 and 7 were made prior to issue of G.O.Ms.No.524/Edn. Dated 20.12.1988. The appointment of teachers 4,5 and 6 were made as per the guidelines given in G.O.Ms.No.524/Edn. Dated 20.12.1988 following the procedure laid down by the A.P. Govt. The selection committee of the teachers comprised of the management i.e., Chief (T&E), Kothagudem, a senior member of the faculty, Head of the Institution and representative from the Educational Department. The management states that they would take ratification of appointment from competent authority and it is in process. The management has drawn Grant-in-aid on behalf of some of the above teachers previously and submitted in their detailed letter. The proposals for absorption of the above seven posts into Grant-in-aid are forwarded herewithin for kind perusal and favourable consideration. Thanking you sir, Yours faithfully, Sd/- Deputy Educational Officer.” 13. From the above letter it is clear that the Deputy Educational Officer has clearly stated that the appointment of the teachers at Sr.No.4,5 and 6 i.e., the present petitioners, are made as per the guidelines given in G.O.Ms.No.524/Edn dated 20.12.1988, following the procedure laid down by the A.P. Government. He accordingly forwarded the proposals for absorption of the petitioners along with others into grant-in-aid. In view of the proceedings of the Deputy Educational Officer dated 29.11.2000, the averment of the District Educational Officer that procedure contemplated under G.O.Ms.No.524 Education dated 20.12.1988 is not followed, cannot be sustained and as the petitioners are working since 1989 and they were also absorbed into grant-in-aid by the management, taking objection at the length of time is not tenable. 14. Hence, the 1st respondent – District Educational Officer, Adilabad is directed to consider the case of the petitioners for absorption into grant-in- aid from 1.5.1992 in respect of 1st petitioner and from 1.7.1992 in respect of petitioners 2 and 3, in accordance with law and pass appropriate orders within a period of two months from the date of receipt of a copy of this order. 15. The writ petition is accordingly disposed of. No costs. AVS ------------------------- - 22—11—2010