IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 295 of 2004 Between: 1 E. Ramgoud, S/o. Balagoud, Working as Karobari (Part Time Bill Collector), Annasagar Gram Panchayat, Yellareddy Mandal, Nizamabad District. 2 S. Devidas, S/o. Latchanna, Karobari (Part Time Bill Collector), Guthpa Gram Panchayat, Makloor Mandal, Nizamabad District. 3 C. Gangadhar, S/o. Gangaram, Karobari (Part Time Bill Collector), Guthpa Gram Panchayat, Makloor Mandal, Nizamabad District. 4 D. Sivalingu, S/o. Narayana, Karobari (Part Time Bill Collector), Lachan Gram Panchayat, Madnoor Mandal, Nizamabad District. 5 B. Latchiram, S/o. Lakshman, Karobari (Part Time Bill Collector), Angarga Gram Panchayat, Jukkal Mandal, Nizamabad District. 6 E. Janardhan, S/o. Lakshmipathi, Karobari (Part Time Bill Collector), Narsapoor Gram Panchayat, Kammarpally Mandal, Nizamabad District. 7 Vittal, S/o. Sangappa, Karobari (Part Time Bill Collector), Limboor Gram Panchayat, Madnoor Mandal, Nizamabad District. 8 T. Anjaneyulu, S/o. Anjaiah, Karobari (Part Time Bill Collector), Petusangam Gram Panchayat, Gandhar Mandal, Nizamabad District. 9 Lakshminarasaiah, S/o. Bheemaiah, Karobari (Part Time Bill Collector), Konasamundar Gram Panchayat, Kammarpally Mandal, Nizamabad District. 10 A. Narasaiah, S/o. Gangaram, Karobari (Part Time Bill Collector), Brahmanapally Gram Panchayat, Tadavai Mandal, Nizamabad District. 11 N. Anjaiah, S/o. Chandraiah, Karobari (Part Time Bill Collector), Baswapur Gram Panchayat, Bhiknoor Mandal, Nizamabad District. 12 V. Shankar, S/o. Lingaiah, Karobari (Part Time Bill Collector), Thanakurd Gram Panchayat, Nizamabad Mandal, Nizamabad District. 13 Madhava Rao, S/o. Kishan Rao, Karobari (Part Time Bill Collector), M. Khalali Gram Panchayat, Bitchkonda Mandal, Nizamabad District. 14 T. Sailu, S/o. Rajanna, Karobari (Part Time Bill Collector), Rampur (KL) Gram Panchayat, Pitlam Mandal, Nizamabad District. 15 B. Kista Reddy, S/o. Vittal Reddy, Karobari (Part Time Bill Collector), Pitlam Gram Panchayat, Pitlam Mandal, Nizamabad District. 16 Shaik Mainooddin, S/o. Akbar, Karobari (Part Time Bill Collector), Madanapally Gram Panchayat, Maknoor Mandal, Nizamabad District. 17 A. Devanna, S/o. Mallaiah, Karobari (Part Time Bill Collector), Chimrajpally Gram Panchayat, Nandipet Mandal, Nizamabad District. 18 G. Yellaiah, S/o. Balaiah, Karobari (Part Time Bill Collector), Sarampally Gram Panchayat, Kamareddy Mandal, Nizamabad District. 19 K. Siddiraju, S/o. Narayana Rao, Karobari (Part Time Bill Collector), Naganpally Gram Panchayat, Bodhan Mandal, Nizamabad District. 20 D. Pochaiah, S/o. Nagaiah, Karobari (Part Time Bill Collector), Polkampet Gram Panchayat, Lingampet Mandal, Nizamabad District. 21 K. Ramulu, S/o. Bhumaiah, Karobari (Part Time Bill Collector), Nachampally Gram Panchayat, Bikoor Mandal, Nizamabad District. 22 Shaik Moinuddin, S/o. Abid, Karobari, Katepally Gram Panchayat, Pitlam Mandal, Nizamabad District. 23 Rama Rao, S/o. Rajaiah, Karobari, Binola Gram Panchayat, Navipet Mandal, Nizamabad District. 24 Dattatreya, S/o. Ramulu, Karobari, Mumbajipet Gram Panchayat, Lingampet Mandal, Nizamabad District. 25 M. Kasiram, S/o. Swamy Goud, Karobari, Muthakunta Gram Panchayat, Nizamabad Mandal, Nizamabad District. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj and Rural Development, Secretariat, Hyderabad. 2 The Commissioner, Panchayat Raj & Rural Development, A.P., Himayatnagar, Hyderabad. .....RESPONDENT(S) 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 to issue an order, direction especially one in the nature of Writ of Certiorari calling for records pertaining to Order dated 6.5.2002 in O.A.No. 3958 of 2002 on the ﬁle of A.P. Administrative Tribunal and further declare that G.O.Ms.No. 384, dt: 22.12.2001 in so far as excluding Karobaries and Part Time Bill Colletors for feeder sources to the post of Panchayat Secretaries is illegal and arbitrary and discriminatory in violating of Article 14, 16 and 21 of the Constitution of India and further declare that petitioners are entitled to be absorped as Panchayat Secretaries Counsel for the Petitioner:MR.M.SURENDER RAO Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION No.295 of 2004 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) The petitioners numbering 25 seek a writ of certiorari to quash the order dated 06-05-2002 passed In O.A.No.3958 of 2002 on the ﬁle of Andhra Pradesh Administrative Tribunal, Hyderabad, and to declare G.O.Ms.No.384 dated 22-12-2001 insofar as excluding Karobaries and Part-time Bill Collectors from the feeder category to the post of Panchayat Secretaries, as illegal and arbitrary. The petitioners further seek to declare that they are entitled to be absorbed as Panchayat Secretaries. 2. The details necessary for disposal of this writ petition may be stated thus: The petitioners claim that they have been working as Karobaries/Part-time Bill Collectors and discharging various duties in the Gram Panchayats in Nizamabad district and they have put in service ranging between 8 to 15 years. While so, the Government have framed statutory Rules governing the post of Panchayat Secretaries vide G.O.Ms.No.384, dated 22-12-2001, whereunder the Karobaries/Part-time Bill Collectors have been excluded from the feeder category to the post of Panchayat Secretaries. Aggrieved by the non-inclusion of Karobaries/Part-time Bill Collectors in the feeder category to the post of Panchayat Secretaries, the petitioners ﬁled the above O.A. The Tribunal, while elaborately dealing with a batch of similar O.As and tracing the case law on the subject and also considering the Rules including other categories, dismissed the O.A. holding that the petitioners cannot claim any legal right to be included in the feeder category to the post of Panchayat Secretary, but left the matter open to the Government to re-examine the issue of inclusion of Karobaries/Part-time Bill Collectors, in view of a large number of vacancies of Panchayat Secretaries. Aggrieved by the dismissal of O.A., the present writ petition is filed. 3. Heard learned counsel for petitioners and learned Government Pleader appearing for respondents and perused the impugned order. 4. In the instant case, admittedly the petitioners have been discharging the duties of Karobaries/Part-time Bill Collectors in the feeder category to the post of Panchayat Secretary and Karobaries/Part-time Bill Collectors have not been included as feeder category to the post of Panchayat Secretaries, though they have put in more than ﬁve years of continuous service. By virtue of G.O.Ms.No.384, dated 22-12- 2001, the Karobaries have been excluded thereby the petitioners cannot aspire to become Panchayat Secretaries, even though they have been discharging the multifarious duties in the respective Gram Panchayats. In this writ petition, the petitioners have sought for quashing the impugned order of the Tribunal. It is the policy decision of the Government whether to include a particular post in the feeder category or not and the Courts cannot interfere with such policy matters nor issue mandamus or declare the Government or authorities concerned to frame Rules so as to include Karobaries in the feeder category. However, it is to be noted that taking into account the length of service and the nature of duties of Karobaries, the Tribunal was constrained to observe as follows: “However, before parting with this case, we are unable to resist our temptation to oﬀer our comments on the case of Karobaries/Part-time Bill Collectors. While being constrained by the constitutional provisions and authorities, we are unable to hold that non-inclusion of Karobaries/Part- time Bill Collectors renders the classiﬁcation adopted in the rules as to inclusion of certain categories and exclusion of certain categories in the feeding channel to the post of Panchayat Secretaries, as discriminatory and unconstitutional, we do feel that by excluding the Karobaries/part-time Bill Collectors, who for a long time have been conversant with the aﬀairs of the village administration and the administration of Panchayats, the Government will be depriving themselves of their valuable service for the purpose of appointment to the post of Panchayat Secretaries. While we are unable to uphold their legal right to be included in the feeder category to the post of Panchayat Secretaries, we have no hesitation in stating that it may be an omission aﬀecting the interests of Panchayat Raj institutions in not including the Karobaries/Part-time Bill Collectors in the feeder category to the post of Panchayat Secretaries.” 5. At this stage, learned counsel for the petitioner has produced Memo No.10459-B/Mdl.II/A2/2003 issued by Panchayat Raj and Rural Development (Mdl.II) Department, dated 20-08-2007, wherein the request of Karobars/part-time Bill Collectors for appointment by transfer as Panchayat Secretaries by making a provision in the Services Rules, was considered and the relevant portion in the said Memo reads as under: “3. The Hon’ble High Court in its judgment dt. 08-4-2002 in W.P.M.P.No.8389 of 2002 in W.P.No.2194 of 2002 and batch cases have directed that the petitioners shall not make any such appointment from out of the surplus manpower pool provided by the ﬁnance department to the post of Panchayat Secretary with regard to 2000 posts of Panchayat Secretaries have kept set apart vide Govt. Memo No.15565/Mdl.II/2002, dt. 27-4-2002. 4. As there is no provision in the rules to take all these categories of employees whose services are not regularised and have not fulﬁlled the required conditions, as Panchayat Secretaries, Government have examined the proposal to take the Karobaries/JABCs/BCs/JAs, who have the qualiﬁcation of pass in S.S.C. and who have completed a minimum of 5 years of service as on 1-1-2002 as Panchayat Secretaries. 5. Government have examined the issue carefully, and view that the post of Panchayat Secretary do not have uniﬁed service rules as of now though VDOs and Eos have service rules and felt it necessary to prepare uniﬁed service rules for Panchayat Secretary and to consider the request of Karobaries/JABCs/BCs/JAs in that Service Rules. 6. The Commissioner, Panchayat Raj and Rural Employment, A.P., Hyderabad, is requested to examine the matter and furnish draft uniﬁed Service Rules for Panchayat Secretary to Government immediately.” 6. A perusal of the Memo dated 20-08-2007 shows that the request of Karobaries/part-time Bill Collectors was favourably considered by the Government and the Commissioner, Panchayat Raj and Rural Employment was requested to examine the matter and submit uniﬁed Service Rules for Panchayat Secretary. Thus, it can be seen that there is a request and proposal to include Karobaries/part-time Bill Collectors also in draft Service Rules for appointment as Panchayat Secretary to be framed by the said Commissioner. 7. This Court in the normal course does not direct the Government to prepare or draft the Service Rules in exercise of writ jurisdiction under Article 226 of the Constitution of India. However, in the present case, the Government by itself had taken a policy decision to prepare draft Service Rules for Panchayat Secretary so as to include the ‘Karobaries/part-time Bill Collectors/part-time JAs, for appointment as Panchayat Secretaries. In such circumstances, it is desirable and expedient that the Government frame the draft Service Rules for Panchayat Secretaries. We hope and trust that the Government would consider the case of petitioners objectively so as to include the Karobaries/part-time Bill Collectors/part- time JAs in the feeder category for appointment to the post of Panchayat Secretary, taking into account their length of service and the crucial role in the administrative functioning of the Panchayats. After such exercise is completed, the Government shall consider the cases of Karobaries/part-time Bill Collectors/part-time JAs for appointment as Panchayat Secretaries in the existing vacancies. It is hoped that the Government shall complete the said exercise as expeditiously as possible, preferably within a period of three months from the date of receipt of this order. 8. Accordingly, the writ petition is disposed of. No order as to costs. ___________________________ GHULAM MOHAMMED, J. _________________________ G.BHAVANI PRASAD, J. 24-09-2008 bsc