IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.10343 of 2009 Between: 1 P. Venkateshwarlu S/o. Narayana Sangham Mandal, Warangal District, (Under Order of Promotion as School Assistant in English at ZPSS Kakkiralapally, wardhana Pet Warangal District) Applicant in O.A.No.5457 of 2009. 2 N. Krishna Murthy S/o. N. Ramaiah Parakala, Warangal District, (Under Order of Promotion as School Assistant in Social Studies at G.H. School Sahimpet (Jagir), Hanumakonda, Warangal District) Applicant in O.A.No.5458 of 2009. 3 O. Rajashekar S/o. O. Agaiah Dharma Sagar Mandal, Warangal District, (Under Order of Promotion as P.S. Head Master Thatikonda, Station Ghanpur, Warangal District) Applicant in O.A.No.5459 of 2009. 4 L. Narender S/o. Narsam Warangal Urban, Warangal District, (Under Order of Promotion as P.S. Head Master Government DNTPS Ghantram Thanda Nellikuduru, Warangal District) Applicant in O.A.No.5460 of 2009. 5 Ch. Sudhakar S/o. Venkataiah Hanumakonda Rural Mandal, Warangal District, (Under Order of Promotion as School Assistant in English ZPHS Bagirathpet, Regonda, Warangal District) Applicant in O.A.No.5461 of 2009. 6 K. Bixapathi S/o. K. Venkataiah Shivunipally Station, Ghapur Mandal, Warangal District, (Under Order of Promotion as School Assistant in Social Studies at ZPHS (Boys) Tharigoppula, Narmetta, Warangal District) Applicant in O.A.No.5462 of 2009. 7 P. Prabhakar S/o. Veeraiah Akampet, Atmakur, Warangal District, (Under Order of Promotion as P.S. Head Master Vardhannapet, Warangal District) Applicant in O.A.No.5463 of 2009. 8 K. Gridhar S/o. Laxmaiah Warangal Urban, Warangal District, (Under Order of Promotion as P.S. Head Master Chilpur, Ghanpur Station, Warangal District) Applicant in O.A.No.5464 of 2009. 9 P. Rajeshwar Rao S/o. Narayana Rao Chityal Mandal, Warangal District, (Under Order of Promotion as P.S. Head Master Gharmellapally, Chityal, Warangal District) Applicant in O.A.No.5465 of 2009. 10 A. Kamalakar Reddy S/o. A. Jaganatha Reddy Thorrur Mandal, Warangal District, (Under Order of Promotion as School Assistant in Maths ZPSS Velikatta, Thorrur, Warangal District) Applicant in O.A.No.5466 of 2009. 11 B. Ranga Rao S/o. Bhaskar Rao Ghanpur Mandal, Warangal District, (Under Order of Promotion as P.S. Head Master Kistimpet, Cheriyal, Warangal District) Applicant in O.A.No.5467 of 2009. ..... PETITIONERS AND 1 The District Educational Officer, Warangal. 2 The Deputy Director of Adult Education / Secretary Zilla Saksharatha Samithi, Warangal. 3 The Commissioner, Municipal Corporation Warangal. 4 The District Collector & President / Chairman Zilla Saksharatha Samithi, Warangal. 5 The Director of Adult Edcuation, A.P. Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more in the nature of Mandamus calling for the records relating to the Judgment of the Administrative Tribunal in O.A.No.5457 of 2009 and batch, dated 23.04.2009 and proceedings impugned Rc.No.51/DDAE/2009 dated 24.04.2009, to 1,2,3,4,5,6,7,8,9,10 and 11 respectively and Memo No.16225/B1/DAE/2009, dated 29.04.2009 issued by the 5th respondent are set side and consequently hold that the petitioners are entire to the continue as Mandal Literacy Organizers in their respective Mandals and pass Counsel for the Petitioner: MR.M.RAM GOPAL REDDY Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following: Form-NIC-OGS/WP{MSN} THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.10343 of 2009 ORDER: (per Hon’ble Sri Justice V.Eswaraiah) The 11 petitioners herein who are the applicants in O.A.Nos.5457, 5458, 5459, 5460, 5461, 5462,5463, 5464, 5465, 5466 and 5467 of 2009 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (hereinafter referred to as “the Tribunal”) filed this writ petition questioning the common order of the Tribunal passed in the above said O.As dated 23.04.2009 as well as the impugned proceedings before the Tribunal dated 17.04.2009 passed by the 2nd respondent-Deputy Director of Adult Education/Secretary, Zilla Sakshara Samithi, Warangal, Warangal District in relieving them from the post of Mandal Literacy Organizers to their promotional posts of Head Masters/School Assistants. The petitioners filed the aforesaid O.As before the Tribunal to declare that they are entitled to continue as Mandal Literacy Organizers in terms of the proceedings of the 2nd respondent dated 17.04.2009 even after their promotion to the posts of Head Masters/School Assistants. The said OAs were dismissed by the Tribunal by a common order dated 23.04.2009 with exemplary costs of Rs.2,000/- each on the ground that all the petitioners herein were the Secondary Grade Teachers and they were promoted as Head Masters/School Assistants and accordingly, directed them to join in the promotional posts by relieving themselves as Mandal Literacy Organizers and that they cannot question the orders repatriating them to the parent department as per the various judgments of the Supreme Court which were cited in the impugned order of the Tribunal. Aggrieved by the same, this single writ petition is filed though the writ petitioners filed different O.As before the Tribunal. The learned counsel appearing for the petitioners submits that the petitioners were originally appointed as Secondary Grade Teachers under the control of the 1st respondent-District Educational Officer, Warangal and later they were promoted as Head Masters/School Assistants in between 31.01.2009 to February 2009. It is stated that the Government issued in G.O.Ms.No.291, Education (Prog.II) Department dated 27.12.1996 for activating Adult Literacy Programmes in the State and for appointment of the Mandal Literacy Organizers (hereinafter referred to as “MLOs”) for each Mandal on deputation from the interested teachers to activate the literacy programmes through out the State so that it will serve as good foundation to the proposed educational programmes in the State, and also a Committee was constituted for the appointment of the MLOs in terms of the aforesaid G.O. The petitioners were appointed as MLOs. It is stated that merely because the petitioners have been promoted to the post of Head Masters/School Assistants as the case may be, in accordance with their respective seniority, they are not disentitled to discharge the duties as MLOs. Admittedly, the petitioners have accepted the promotional post and after joining the promotional post they would like to continue to discharge their duties as MLOs. Accordingly, they have questioned the repatriation order dated 17.04.2009 on the ground that the Literary Programme is ongoing programme and as long as the programme continues they cannot be relieved from discharging as MLOs. It is further stated that in fact the Commissioner and Director of School Education by his proceedings dated 25.05.2003, requested the District Educational Officers to continue the present MLOs till the end of IV Phase or till the Director of Adult Education communicates the list of MLOs to be repatriated based on the review of their performance in the last 3 phases of Akshara Sankranthi Programme. On the other hand, the learned Government Pleader appearing for the respondents submits that as per the orders of the Government in G.O.Ms.No.291, dated 27.12.1996 the MLOs have to be appointed by redeploying the teachers working in the Upper Primary and High Schools in the Mandal and the said MLO posts shall be adjusted against the surplus posts to be identified in various districts by the District Educational Officers, and the MLOs shall be selected by a District Level Committee and the teachers shall be given preference for the post of MLOs. It is stated that as per Clause-6 of the said G.O. the teachers so deputed to function as MLOs would receive their salaries from the parent office from where they have been deputed. The said office shall draw and disburse the salaries only on receipt of the working certificates from the deputed organization. It is not in dispute that all the petitioners are working on deputation alone as MLOs. It is also not in dispute that all the petitioners have been promoted as Head Masters/School Assistants. As per the aforesaid G.O. the Secondary Grade teachers working in Upper Primary and High Schools alone shall be considered to the post of MLO as against the surplus vacancies. It is not in dispute that the petitioners were given promotions as per their seniority and they have also joined in their respective promotional posts. It is not in dispute that the 4th respondent-District Collector and Chairman, Zilla Saksharatha Samithi, Warangal by proceedings dated 24.04.2009 requested the concerned MPDOs to relieve the petitioners from the post of MLOs so as to enable them to join in the promotional posts. The said proceedings of the 4th respondent dated 24.04.2009 was not questioned before the Tribunal. However, the Tribunal dismissed all the aforesaid O.As filed by the petitioners herein. The petitioners questioned the proceedings of the 4th respondent dated 24.04.2009 in the present writ petition though they have not questioned the same before the Tribunal. We are of the opinion that what was not questioned before the Tribunal, cannot be allowed to be questioned in the writ petition. However, we have considered the contentions of the learned counsel for the petitioner. Admittedly, the petitioners are working on deputation as MLOs and they have been promoted and after joining in the promotional posts and drawing promotional post salary, they would like to continue as MLOs. The learned Government Pleader appearing for the respondents submits that in fact, the Director of Adult Education, vide Memo No.16225/B1/DAE/2009, dated 29.04.2009, requested all the Deputy Directors of the Adult Education and Secretaries of Zill Saksharatha Samithies not to continue the MLOs who have got promotions and the promoted Head Masters/School Assistants shall not be taken back as MLOs under any circumstances and vacant places of MLOs shall be given incharge to the nearby MLO of that Mandal. It is further stated that the Director of Adult Education also issued proceedings in Memo No.3544/B1/DAE/2008, dated 12.06.2009 informing that the present literacy programme as per the schedule should have been concluded by 30.06.2009, but due to delay in starting of teaching activities in certain districts, it was decided to extend the programme upto 31.07.2009. Thus, it is stated that the present literacy programme itself will not continue from 01.08.2009 unless specific orders are issued by the Government. We are of the opinion that the Tribunal has rightly held that the petitioners who are working on deputation have no right to question the repatriation orders. By repatriating the petitioners to their parental department no prejudice would be caused to the petitioners. The posts of MLOs are not independent posts. Only surplus staff in the cadre of Secondary Grade Teachers will be deputed to work as MLOs. When the petitioners have got promotions and repatriated to their respective parental department, they could not continue further more in the post of MLOs. In view of the above, we do not see any infirmity legal or otherwise to interfere with the impugned order of the Tribunal. The Writ Petition is accordingly dismissed. No order as to costs. _____________________ V.ESWARAIAH,J ____________________________ P.SWAROOP REDDY,J Dated: 29.07.2009 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Educational Officer, Warangal. 2 The Deputy Director of Adult Education / Secretary Zilla Saksharatha Samithi, Warangal. 3 The Commissioner, Municipal Corporation Warangal. 4 The District Collector & President / Chairman Zilla Saksharatha Samithi, Warangal. 5 The Director of Adult Edcuation, A.P. Hyderabad. 6 2. 2CCs to 7. 2CD copies