THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.C. NO.1571 OF 2009 Dt.21.10.2009 Between: K.Shoba Rani and another … Petitioners And Sri K.R.Kishore, Principal Secretary to Government, School Education Department, Government of A.P., Hyderabad and others … Respondents THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.C.NO.1571 OF 2009 ORDER: (Per Sri Justice V.Eswaraiah) The 1st petitioner herein is petitioner No.4 in W.P.No.24034 of 1998 and the 2nd petitioner is not a party to the said writ petition. It is contended that though he is not a party in the aforesaid writ petition, he is seeking implementation of the orders of this Court to protect his rights and he is also beneficiary of the said judgment, as such he also joined as petitioner No.2 in C.A.No.112 of 2009. The said C.A. stands dismissed against respondents 3 and 4 as the learned counsel for the petitioners has given up his relief against respondents 3 and 4. This contempt case is filed complaining that respondents 1 and 2 have willfully violated and failed to implement the orders of this Court in W.P.No.24034 of 1998 and batch, dated 6.11.1998. This Court disposed of the said W.P.No.24034 of 1998 along with other W.P.Nos.21450 and 26485 of 1998 by order, dated 6.11.1998, with certain observations. The controversy in the said writ petition was relating to the ten Zilla Parishad School situated in the cantonment area and within the present territorial limits of Hyderabad District and erstwhile territorial limits of Hyderabad District from which a major portion have been carved out and a new District of Ranga Reddy was formed. It is stated that the said ten schools are under the control of the erstwhile Hyderabad District. It is the case of the petitioners that all the ten schools fell within the territorial limits of Hyderabad District and they shall be treated under the control of the District Educational Officer, Hyderabad, for all purposes including the transfers. But the District Educational Officer, Ranga Reddy District is exercising all powers of transfers etc. Questioning the said action, O.A.No.4619 of 1997 was filed before the Andhra Pradesh Administrative Tribunal and the Tribunal disposed of the said O.A., by order dated 5.5.1998 observing that it is for the Government to take appropriate action either to amend the rules suitably or to transfer the schools which are situated in the cantonment area to the control of the concerned Zilla Parishad or to take over those schools by the Government under Section 75 of the A.P.Education Act. Aggrieved by the said orders of the Tribunal, writ petitions were filed and the same were disposed of by order 6.11.1998 with the following observation: “It is needless to mention that in the event of the Government taking a decision that these Schools shall be treated to be within one territorial limits of Hyderabad District, then the Teachers working in those schools cannot be transferred beyond those limits and the petitioner in W.P.No.27303 of 1998, who is 1st respondent in W.P.No.26485 of 1998 which is part of the batch, who is now to report to duty at Alwal of Ranga Reddy District shall revert back to Tirumalagiri.” As per the aforesaid observation, it is made clear that in the event of the Government taking a decision that if the said ten schools are treated to be within the territorial limits of Hyderabad District, then the Teachers working in those schools cannot be transferred beyond the limits of Hyderabad District. Learned counsel for the petitioners submits that pursuant to the aforesaid orders of this Court, the Government issued Memo No.7372/ Ser.I(1)/2000-9, dated 5.10.2001. The relevant paras of the said memo read as under: “The City of Hyderabad was a part of Hyderabad District prior to 15.8.1978 and Hyderabad district was bifurcated into two districts viz., Hyderabad and Ranga Reddy. The City of Hyderabad now consists of Hyderabad district and a part of Ranga Reddy District. The non-gazetted teachers working in Hyderabad District is a separate unit for appointment and the District Educational Officer of Hyderabad district is the Appointing Authority for those posts. The teachers working in the City of Hyderabad, but outside the Hyderabad District, are under the control of District Educational Officer, Ranga Reddy District. The City of Hyderabad is organized into a separate cadre for certain specified Gazetted posts and the Regional Joint Director of School Education is the appointing Authority for all these posts. After examining the issue in detail in the light of above discussed provisions, Government hereby decides to continue the existing unit of Hyderabad District of the City of Hyderabad as a separate cadre or unit of appointment for all the non-gazetted posts of teachers. Government further decides to bring the teachers of certain schools, which are geographically in Hyderabad district and under the administrative control of the District Educational Officer, Ranga Reddy District to the administrative control of the DEO Hyderabad and the DEO Hyderabad shall be the appointing authority for the post of teachers of such schools. Government also decides to organize a separate cadre (unit of appointment) for all non-gazetted posts of teachers working in the remaining part of the City of Hyderabad viz., the areas outside the territorial jurisdiction of Hyderabad District. As far as the specified gazetted categories of posts are concerned the City of Hyderabad would remains a separate cadre for the purpose of appointment, transfers and promotions.” Thereafter, the Government issued another memo No.15694/ Ser.V/09, dated 2.2.2009, and the relevant para 5 of the said memo reads as hereunder: “The Government after careful examination of the matter, found that the 10 Z.P. High Schools along with staff in the cantonment area which are within the jurisdiction of Hyderabad District be regarded as a unit for the purpose of appointment, seniority, promotion, transfers, discharge etc., and that they cannot be integrated with City Cadre posts of Govt. Schools which were organized under the Presidential Order and that the teachers are district cadre post and therefore the teachers working in the schools of revenue districts of Hyderabad and Ranga Reddy form separate cadres and accordingly directed that the action of the Director of School Education in having issue instructions to the District Educational Officers of Hyderabad and R.R.District to repatriate the teachers working in the schools of other Districts other than to which they belong be confirmed.” The said memo dated 2.2.2009 was clarified by the further memo dated 13.2.2009 and the relevant paras 3 and 4 are as follows: “It is further informed that the posts organized into local cadre under the Presidential Order cannot be merged with teachers working in Panchayati Raj Schools and as such, the teachers working in erstwhile Zilla Parishad High Schools in the cantonment area which falls under the Revenue District of Hyderabad cannot be integrated with organized cadres of Hyderabad District. They have to be separately maintained as a unit as already clarified earlier. The teachers of Ranga Reddy District working in 10 Zilla Parishad High Schools in the cantonment area of Revenue District of Hyderabad shall be repatriated to the Ranga Reddy District as proposed. The teachers recruited by the District Educational Officer, Hyderabad and allotted to the above schools may be allowed to continue in those schools. It is informed that consequential vacancies in the above schools shall be filled by the District Educational Officer, Hyderabad by following recruitment rules.” It is stated by the learned counsel that the issuance of the said memos is contemptuous and therefore it amounts to disobedience of the orders of this Court. During the pendency of this contempt case, the Government superceded the aforesaid two memos dated 2.2.2009 and 13.2.2009 and issued the following directions for transfer of ZP/ MP Schools located in new Hyderabad District and staff thereon vide memo No.5746/SE- Ser.III/09, dated 24.9.2009. Operative portion thereof is as follows: “1. As post bifurcation, new Hyderabad District does not have ZP /MP /local bodies, hence the ZP /MP schools in the jurisdiction of post bifurcation Hyderabad District shall stand transferred to Government under the control of School Education Department. 2. As post bifurcated Hyderabad District does not have ZP/ M.P local bodies and as Presidential Order prohibits merger of two units of appointments, the staff working in the ZP / MP schools situated in post bifurcated Hyderabad District cannot be merged with the staff working in Government schools in post bifurcated Hyderabad District. Hence there is no other option but to repatriate staff working in ZP / MP schools in the jurisdiction of new Hyderabad District to Ranga Reddy District under the management of Zilla Parishad, Ranga Reddy District. 3. The vacancies arising in the schools in new Hyderabad District will be filled up by DEO, Hyderabad District and vacancies arising in the schools in the Ranga Reddy District will be filled up by DEO, Ranga Reddy District by following recruitment rules as usual.” The petitioners filed additional affidavit stating that the present memo dated 24.9.2009 issued by the Government is also contemptuous and therefore respondents 1 and 2 are liable to be punished for not implementing the orders of this Court. We are unable to accept the contentions of the learned counsel for the petitioners. This Court directed the Government to take appropriate decision and any decision taken by the appropriate Government cannot be said that the Government has no power to withdraw, modify or take another decision. Whether the decision taken by the Government under the present memo dated 24.9.2009 is legal and valid or against the law is a matter to be decided in the appropriate proceedings, but not in the contempt proceedings. The further contention of the learned counsel for the petitioners relying upon the observation of the Division Bench of this Court in W.P.No.21450 of 1998 and batch that “in the event of the Government taking a decision that these Schools shall be treated to be within the territorial limits of Hyderabad District, then the Teachers working in these schools cannot be transferred beyond these limits” has to be understood in the context of the Division Bench judgment leaving it open for the Government to take a comprehensive decision in the matter. Till such decision is taken by the Government, the status quo as on that day was directed to be maintained. The nature of decision to be taken with regard to the taking over the schools was therefore left entirely to the Government. The decision of the Government under the memo, dated 24.9.2009 is twofold. Relating to para 1 of the said memo extracted above dealt with taking over of the schools and putting them under the administrative control of School Education Department, whereas the paras 2 and 3 dealt with the staff working in the said schools. The decision of the Government is said to be based upon the Presidential Order prohibiting merger of two units of appointments and the staff working in the Z.P. / M.P schools situated in post bifurcated Hyderabad district cannot be merged with the staff working Government schools. The legality of the said decision, as mentioned above, cannot be gone into in this contempt case and it is open to the petitioners to initiate appropriate proceeding, if they are so advised in that regard. So far as the decision of the Government in the memo, dated 24.9.2009 is concerned, the same is in conformity with the jurisdiction of the Government and also in conformity with the directions of this Court. Therefore, we do not see any disobedience or contemptuous conduct on the part of the respondents, as contended by the learned counsel for the petitioners. The contempt case is therefore devoid of merit and is liable to be dismissed and the same is accordingly dismissed. ________________ V.ESWARAIAH, J. _____________________ _____ VILAS V. AFZULPURKAR, J. 21.10.2009 kpr