IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 18549 of 2008 Between: 1 Atmakuru Madhusudhana Rao S/o.Venkata Krishnaiah Chinta Chalika of N.F.E., Kovur (Project) Nellore District. 2 Bhogyam Thirupalu S/o.Ramaswamy Paddireddy Palli (Clustor) N.F.E. Udayagiri Project Nellore District. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, rep. by its Secretary, School Education Dept., Secretariat, Hyderabad-22. 2 The Commissioner and Director of School Education, A.P., Saifabad, Hyderabad. 3 The District Educational Officer, Nellore District at Nellore. 4 The Project Officer, Non Formal Education, N.F.E., Kovur Project, Nellore District. 5 The Project Officer, Non Formal Education, N.F.E., Udayagiri Project, Nellore District. .....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 issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus directing the Respondents to 'ABSORB' the Petitioners into Regular Government Service in Education Department forthwith by setting aside the Order in O.A.No.2133/2004, dt. 10.08.2006 on the ﬁle of the Hon'ble A.P.A.T., as per Memo No.2152/B2/2/89-6, dt. 10.8.92 with all consequential beneﬁts by implementing the Policy Decision in respect of the Petitioners are concern, as per the Memo. No.2152/B2/2/89-6, dt. 10.08.92 and pass such other order or orders. Counsel for the Petitioners: MR.M.V.NARASIMHAM Counsel for the Respondents: GP FOR SERVICES-I The Court made the following : THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.NO. 18549 OF 2008 ORDER: (Per Ghulam Mohammed, J) This writ petition is ﬁled seeking writ of mandamus directing the respondents to absorb petitioners into regular Government service in Education Department forthwith by setting aside the order in O.A.No.2133/2004, dt. 10.08.2006 on the ﬁle of the Hon'ble A.P.A.T., as per Memo No.2152/B2/2/89-6, dt. 10.8.1992 with all consequential benefits. The petitioners are Ex-Non Formal Education Instructors. They ﬁled an OA before the Andhra Pradesh Administrative Tribunal seeking a declaration that the action of the respondents in not absorbing them in any equivalent posts or any posts in Education department as illegal and arbitrary and seeking implementation of two memos dated 10.8.1992 and 29.10.2002. According to the petitioners, they were appointed as Non-Formal Education Instructors during the years 1986, 1987, 1994 and 1995. The Non-Formal Education Scheme was abolished with eﬀect from 31.3.2001. They have to be absorbed in some equivalent posts in the Education Department. They stated that they are also entitled for regularization of their services under GO Ms.No.112, as they have put in 10 yeas of service by 13.8.1998. The Government issued a memo on 29.10.2002 for examining the feasibility of appointing them as Panchayat Secretaries. Another memo was also issued on 10.8.1992 instructing the Director of School Education for implementation of the directions of the Government for conducting contact-cum-correspondence for TTC, DIET to the petitioners in the year 1992. The petitioners are out of employment and therefore they sought implementation of memos passed in the year 2002. The respondents in their counter aﬃdavit contended that the Non-Formal Education Scheme was wounded up and the petitioners were rightly discontinued as Instructors as the scheme was not in vogue. Another scheme known as ‘Sarwa Siksha Abhaya’ was introduced by the Central Government and they had to wound up the Non-Formal Education Scheme. The Tribunal considered the case and with regard to the implementation of the memos which were issued in the year 1992, the Government had taken certain decisions with regard to absorbing the Ex-Non Formal Education Instructors. However, the said policy decision was not ratiﬁed. No person was appointed in pursuance to the earlier memo wherein, as according to the petitioners, the policy of absorption has been reﬂected. Further the scheme was wounded up in the year 2001. The petitioners had chosen to approach the Tribunal in 2003 seeking implementation of the earlier memos. When the petitioners were discharging their duties as Non-Formal Education Instructors, nothing prevented them from seeking implementation of the memos at that point of time. Subsequently another policy decision was taken by the Government to absorb them as Coordinators in school complex. The said policy decision was also withdrawn by the Government by canceling the earlier GOs issued in the year 2004. Thus, viewed from any angle, the petitioners did not have any legal right to seek absorption in the regular posts in Education Department. Accordingly the OA was dismissed. The learned counsel for the petitioners contended that since the scheme has not been abolished and it is still continuing, the petitioners have to be absorbed in regular posts. We have perused the counter aﬃdavit ﬁled by the Government before the Tribunal and found that the respondents stated that the Non-Formal Education Scheme under which the petitioners were appointed was abolished and with the abolition of the scheme, the memos were not implemented. The Tribunal has rightly held that the scheme was not in vogue and there was no justiﬁcation for seeking absorption. There is no error of jurisdiction so as to dislodge the ﬁndings arrived at by the Tribunal. The writ petition is dismissed. No costs. ______________________________ JUSTICE GHULAM MOHAMMED _____________________ JUSTICE C.V.RAMULU Dt.26.8.2008 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh, rep. by its Secretary, School Education Dept., Secretariat, Hyderabad-22. 2 The Commissioner and Director of School Education, A.P., Saifabad, Hyderabad. 3 The District Educational Officer, Nellore District at Nellore. 4 The Project Officer, Non Formal Education, N.F.E., Kovur Project, Nellore District. 5 The Project Officer, Non Formal Education, N.F.E., Udayagiri Project, Nellore District. 6. 2 CCs to GP for Services-I 7. 2 CD copies Form-NIC-OGS/WP{KURR}