THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.24480 of 2009 ORDER: (Per GMJ) In this writ petition, challenge is made to order dated 09.10.2009 passed in O.A.No.9806 of 2009 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad, whereby the Tribunal dismissed the O.A. The petitioner filed the said O.A. aggrieved by the proceedings dated 17.08.2009 issued by the first respondent, whereunder, in place of the petitioner, the fourth respondent was kept as Full Additional Charge (FAC) to the post of Deputy Inspector of Schools. Brief facts of the case are as follows: In pursuance of the selection made by the Andhra Pradesh Public Service Commission, the petitioner joined the service as a School Assistant in Government Girls High School, Rajahmundry on 11.11.1992, and he is senior among School Assistants working in Government Schools of East Godavari District. The first respondent issued proceedings dated 16.09.2008 placing the petitioner as FAC of the post of Deputy Inspector of Schools (Urban) Rajahmundry, M.E.O., Korukonda, in pursuance of the proceedings dated 08.09.2008 issued by the Director of School Education and he is functioning as such. The post of Deputy Inspector of Schools shall have to be filled by the teachers working in Government Sector Schools. The first respondent issued proceedings dated 17.08.2009 keeping the fourth respondent as FAC of the post of Deputy Inspector of Schools (Urban) Rajahmundry, M.E.O., Korukonda in place of the petitioner with a view to accommodate the fourth respondent. The post of School Assistant in Government Schools was governed by the Andhra Pradesh School Education Subordinate Service Rules issued in G.O.Ms.No.78 dated 10.01.1962. The said Rules were amended by G.O.Ms.No.278 dated 20.06.1983. The post of School Assistant in the department of School Education was organized into local cadre vide G.O.Ms.No.529 dated 14.05.1976. The posts in Zilla Parishad were not liable to be organized into local cadres. The Presidential Order does not apply to the posts under the local authority including Zilla Parishad. The posts of School Assistants, Deputy Inspector of Schools, Head Masters, Head Mistress, Selection Grade & Grade-I, were organized into local cadres. It is further stated that Zilla Parishad School Assistant cannot be posted by any method in the posts in the Department of School Education of Government of Andhra Pradesh. The fourth respondent was appointed in the Zilla Parishad School initially and was working as a Head Master in Z.P. High School, Pidimgoyyi at Rajahmundry (Rural). Now he is kept as FAC of the post of Deputy Inspector of School (Urban) Rajahmundry of East Godavari District and the same is illegal, arbitrary and violative of Articles 14 and 371(D) of the Constitution of India and the Andhra Pradesh Employment (OLC) and Direct Recruitment Order, 1975. The learned counsel for the petitioner submits that the Tribunal did not consider the points raised in the O.A. and also failed to consider the issue whether the post of MEO/Deputy Inspector of Schools is one covered by the Presidential Order or not. It is further stated that the Tribunal even failed to appreciate that for making incharge or FAC arrangements of a Government post, a non- Government servant cannot be kept or place in charge of FAC of the Government post and that the order of the Tribunal runs contrary to the Andhra Pradesh Public Employment (OLC) Direct Recruitment Order, 1975. He placed reliance on judgments of this Court in M. Kesavulu and others vs. State of Andhra Pradesh[1], and Government of Andhra Pradesh vs. P. Vema Reddy[2], wherein it was held that integration of services of teaching staff working in Government Schools with the services of such teaching staff working in the schools under the control of Zilla Parishads and Panchayat Samithis is not legal. The learned Government Pleader for Education appearing for respondent Nos.1 to 3 submits that as no other person was available, by applying the principle of Doctrine of Necessity, to meet the exigencies, the fourth respondent was kept in charge as Deputy Inspector of Schools. The learned counsel for the fourth respondent submits that as the petitioner was kept only as FAC of the post of the Deputy Inspector of Schools, this exercise does not confer any legally enforceable right on him to continue as such. From a perusal of the impugned order, it is seen that during the transfer counseling held in July, 2009, as the petitioner was long standing individual working for the past seventeen years at Rajahmundry, he was transferred to Tuni as School Assistant, and suppressing the said fact he approached the Tribunal describing himself as FAC of Deputy Inspector of Schools. Pursuant to such transfer only, fourth respondent was kept FAC of the post of the Deputy Inspector of Schools vide proceedings dated 17.08.2009, which were impugned in the O.A. As regards the merger of Zilla Parishad teachers with that of the Government teaching staff, the issue is pending before the Hon’ble Supreme Court. Furthermore, neither the petitioner nor the fourth respondent, being FAC of the post of Deputy Inspector of Schools were not conferred with any rights. In the light of the above, the writ petition is disposed of directing the official respondents that, in future, any transfer or appointment of FAC, as the case may be, shall be made among the same cadre, in accordance with law and the principles to be laid down by the Hon’ble Supreme Court in the case, pending before it, on this issue. There shall be no order as to costs. _______________________ GHULAM MOHAMMED, J ____________________ SANJAY KUMAR, J 17th February, 2010 GHN [1] 2003(6) ALD 522 (DB) [2] 2007(3) ALT 287 (DB)