HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.Nos.2334 and 2336 of 2010 Dt.10.2.2010 W.P.NO.2334 of 2010: Between: The Commissioner and Director of School Education, Andhra Pradesh, Hyderabad and others .. Petitioners And Smt.M.Neeraja and another .. Respondents W.P.NO.2336 of 2010: Between: The Commissioner and Director of School Education, Andhra Pradesh, Hyderabad and others .. Petitioners And Smt.M.Neeraja and another .. Respondents HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.Nos.2334 and 2336 of 2010 ORDER: (Per Sri Justice V.Eswaraiah) Both the writ petitions arise out of the interlocutory orders passed in the same O.A.No.7717 of 2005 on the file of the Andhra Pradesh Administrative Tribunal. Petitioners herein are the respondents in the said O.A. The 1st respondent herein is the applicant. The parties are hereinafter referred to as they are arrayed before the Tribunal. The applicant filed the said O.A. questioning transfer orders in Rc.No.9685/S1/2005, dt.15.11.2005, transferring her from the Government Upper Primary School, Rangampet Jail, Warangal District to Mandal Parishad Upper Primary School, Kalleda, Parvathagiri Mandal, Warangal District, as illegal and arbitrary. The case of the applicant is that she joined the Government service on 18.11.1996 as Telugu Pandit Grade- II. She was given posting at Government Upper Primary School, Rangampet Jail, Warangal District. The Government of Andhra Pradesh issued orders in G.O.Ms.No.102, dated 5.8.2005 affecting transfers of the Teachers working in Government Schools into Zilla Parishad Schools while formulating certain guidelines for affecting such transfers of the Government Teachers into Zilla Parishads. Pursuant to the said orders of the Government, transfer orders were affected by the District Educational Officer, Warangal. It is the case of the applicant that the posts of Teachers in the School Education Department were organized in local cadre vide G.O.Ms.No.529, dated 14.5.1976, and therefore the local cadre once constituted cannot be abolished by the State Government. It is her further case that she being Government servant cannot be transferred to Zilla Parishad School as the Zilla Parishad and the Mandal Parishad Schools were not organized into local cadres. Therefore, her transfer from the Government Upper Primary School, Rangampet Jail, Warangal District to Mandal Parishad Upper Primary School, Kalleda, Parvathagiri Mandal, Warangal District, is in violation of paragraph 5(1) of the Presidential Orders in A.P.Public Employment (Organization of Local Cadre and Regulation of Direct Recruitment) Order 1975. Questioning the said action of the District Educational Officer in transferring the Teachers from the Government School to Zilla Parishad Schools, W.P.No.11325 of 2000 and batch were filed before this Court and this Court by order dated 8.9.2003 allowed the writ petitions holding that Zilla Parishad and the Government Schools are different cadres and one cannot be posted from local cadre to another local cadre. It is stated that thereafter the Government enacted A.P.School Education Teachers and Other Employees (Abolition of Existing Service Cadres and Regulation of Recruitment and Conditions of Service) Act, 2005 (Act 27 of 2005) and even the said Act and the Rules framed thereunder are held to be ultra vires of the Presidential Order and unconstitutional. The said legal position has not been controverted by the learned Government Pleader for Services-I appearing on behalf of the petitioners. Therefore, it is not in dispute that the 1st respondent being the Government servant working in a Government school cannot be transferred and posted into Zilla Parishad School. Accordingly, the O.A. itself is liable to be allowed setting aside the transfer order in view of the subsequent events as the said Act itself has been set aside by a Division Bench of this Court in Government of Andhra Pradesh v. P.Vema Reddy[1]. Following the aforesaid judgment of this Court, with the consent of both the parties, we dispose of the writ petitions by allowing the O.A itself and impugned order in the O.A. i.e., the transfer order transferring the respondent from Government Upper Primary School, Rangampet Jail, Warangal District to Mandal Parishad Upper Primary School, Kalleda, Parvathagiri, Warangal District, is set aside. We are of the opinion that the interim order of the Tribunal directing the Government to pay salaries which are impugned herein are liable to be made absolute as the O.A. itself is allowed. Accordingly, the interim order to that extent is made absolute though the 1st respondent is continuing to work in the same Government school she is entitled to salary. However, it is open for the petitioners to transfer her to any other place in accordance with the transfer policy. The Government is free to post the 1st respondent applicant in any of the Government school as per the existing transfer policy. The learned Government Pleader submits that consequent to the transfer of the applicant somebody was posted in the same Government school and therefore there was some difficulty in drawing salary for both the Teachers in the same school. We are of the opinion that it is for the Government to resolve the said issue, but the applicant cannot suffer for the said anomaly. Having regard to the facts and circumstances of the case, we grant six weeks time for payment of entire salary payable to the 1st respondent from the date of receipt of a copy of this order. In view of these order, the contempt application pending before the Tribunal as well as the O.A. shall stand disposed of. The writ petitions are accordingly disposed of. No order as to costs. ________________ V.ESWARAIAH, J. _________________________ VILAS V. AFZULPURKAR, J. 10.2.2010 kpr [1] 2007 (3) ALT 287 (D.B.)