HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 3834 of 2002 DATED 10th November, 2011. BETWEEN T.Jani Basha …….Petitioner and Government of AP, rep. by its Secretary, Panchayat Raj Department, Secretariat, Hyderabad And ors …… Respondents HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 3834 of 2002 ORDER: This Writ Petition is filed questioning the proceedings of the third respondent dated 28.8.2001, whereby, his request to pay salary in the time scale attached to the post of Sweeper was rejected on the ground that his appointment as contingent Sweeper by the Sarpanch was in violation of Section 3(1) of the Andhra Pradesh (Regularization of appointments to public services and rationalisation of staff pattern and pay structures) Act, 1994 ( for short ‘the Act 2 of 1994’) and G.O.Ms. No. 38, dated 1.2.1982. It is the case of the petitioner that he was appointed as a Sweeper against the permanent sanctioned post pursuant to the Resolution passed by the Gram Panchayat, Julakallu Village in ROC.No. 5/1987, dated 1.12.1987 and he was directed to join duty w.e.f. 2.12.1987. As the petitioner was not being paid time scale, he filed Writ Petition No. 6832 of 2001, thereby this Court by order dated 12.04.2001 granted interim relief directing the respondents therein to consider payment of salary attached to the post of full time sweeper. Pursuant to the said order, the third respondent considering the case of the petitioner with reference to the rules governing payment of salary attached to the said post held that the appointment of the petitioner made by the Sarpanch was not in conformity with the orders issued in G.O.Ms.No. 174, PR & RD Department, dated 21.3.1988 in as much as the District Panchayat Officer is the competent authority to appoint him, but not the Sarpanch to do so, and that the Government enacted the Act 2 of 1994 which came into force with effect from 25.11.1993 to prohibit irregular appointments to various categories of services either on daily wages or temporary basis and that the Government issued orders in G.O.Ms.No. 38, dated 1.2.1982 directing that there should be no further appointment of full time contingent employees in any Departments of Government or local bodies etc and rejected the case of the petitioner. Hence the Writ Petition. Heard both sides and perused the case file. It is submitted by the learned Counsel for the petitioner that the petitioner was appointed on permanent basis on 02.12.1987 in a sanctioned post much prior to issuance of G.O.Ms.No. 174, PR & RD Department, dated 21.03.1986. He further contended that Act 2 of 1984 has no application to the case of the petitioner as the said Act deals with prohibition and regularization of appointments made on daily wages or temporary basis. He argued that the relief sought for by the petitioner is with regard to payment of salary in the scale attached to the post of Sweeper. Per contra, the learned Government Pleader for Panchayat Raj contended that as the appointment of the petitioner was made by the Sarpanch contrary to G.O.Ms.No. 138, (Estt.) Department, dated 16.3.1982 the said appointment was irregular as the District Panchayat Officer is the competent authority to do so. He further asserted that the petitioner in the first instance should have approached the Andhra Pradesh Administrative Tribunal for redressal of his grievance. He lastly submitted that the petitioner was appointed as contingent Sweeper by Sarpanch on 02.12.1987 which is irregular and contrary to G.O.Ms.No. 38, F & P, dated 1.2.1982 whereby appointments on full time contingent basis was prohibited. As can be seen from the material placed on record, it is evident that the appointment of the petitioner was made by the Sarpanch, Gram Panchayat, Julakallu under the proceedings Roc.No.5/87, dated 1.12.1987. Perusal of the said proceedings manifests that the petitioner was appointed as a Sweeper on a salary of Rs.36/- plus Rs.10/- DA which ex facie shows that he was appointed on contingent/ad hoc/ temporary basis. However, as per the G.O.Ms.No. 138, (Estt.III) Department, dated 16.03.1982, the District Panchayat Officer is the competent authority to make appointments in Gram Panchayats below the rank of Senior Assistants, but in the case on hand, the appointment of the petitioner was made by the Sarpanch and therefore the same is irregular appointment. That apart, G.O.Ms.No. 38, F & P, dated 01.02.1982 prohibits even appointments on full time contingent basis in Government Departments and Local Bodies. On this count also, the appointment of the petitioner was in flagrant violation of the orders contained in the said G.O. Furthermore, I am of the considered opinion that the petitioner, as rightly contended by the learned Govt. Pleader for Panchayat Raj, should have in first instance approached the Andhra Pradesh Administrative Tribunal for redressal of his grievance, if any, in stead of approaching this Court straight away. Pursuant to the interim order dated 12.4.2001 passed in WPMP.No. 8675 of 2001 in Writ Petition No. 6832 of 2001 by this Court, the third respondent considered the case of the petitioner in the proper perspective and rightly passed the impugned proceedings which do not warrant interference by this Court. Viewed from any angle, I do not find any merit in this Writ Petition, which is liable to be dismissed. The Writ Petition is accordingly dismissed. There shall be no order as to costs. -------------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 10th November, 2011. Msnro