Decided on March 28,1972



Obul Reddi, J. - (1.) Twelve teachers working in the municipal schools of Ponnur Municipality have filed this writ petition under Arlicle 226 of the Constitution for the issue of a writ of mandamus directing the Ponnur Municipality not to te minate their se vices by transferring their services to any privately managed schools.
(2.) The relevant facts leading to the filing of this writ petition may be set out. The petitioners originally joined service as teachers in some privately-managed elementary schools, the management of which was taken over in the first instance by the Government under G.O. Ms. No. 1346, Education, dated 23rd April, 1959- Later, all such schools, which were taken over by the Government, were handed over to the Zilla Parishad, Guntur, which allotted them to the Panchayat Samithi, Ponnur. Ponnur, which was a panchayat, was later upgraded as a municipality, with the result that all the teachers so allotted to this samithi became teachers under the municipality. Later, some of the managements whose schools were taken over by the Government under G.O. Ms. No. 1346, filed suits in the District Munsif's Court, Guntur, seeking declaration that the consent letters obtained from them for handing over the management of the schools were vitiated by fraud, misrepresentation and undue influence and as such, the action of the Government in taking over those schools under their management is illegal. They also asked for handing over back the management of the schools to them. The suits were decreed against the defendants viz., the State of Andhra Pradesh, Zilla Parishad, Guntur and Ponnur Panchayat Samithi. Aggrieved by those decrees, the defendants preferred appeals and the District Judge, agreeing with the findings recorded by the trial Court, eventually dismissed the appeals. Second appeals preferred against those decree were also dismissed by this Court. These facts are not in dispute.
(3.) Apparently, the petitioners having regard to the decree of the civil Court declaring the taking over of the managements of the aided institutions as illegal, filed the writ petition seeking a writ of mandamus. Respondents 3 to 26, who were impleaded as party respondents by an order of this Court dated 9th November, 1970 in W.P.M.P. No. 4570 of 1970 registered the petition contending that the municipality has no option but to transfer back the schools to the former managements and along with the schools, the staff of the erstwhile aided schools also go back, as the G.O. under which they were drafted into municipal service has been quashed by the civil Court. The case of these respondents is that they are all employees of the municipality and do not belong to the category of teachers who have been transferred to the municipality as a result of the G.O.Ms. No. 1346 and, therefore, no preference can be given to the petitioners in the matter of retention in the municipal schools and that they should be transferred to the schools which are now to be handed over to the private managements under the decree of the civil Court. In other words, it is their case that the transfer of the petitioners is a natural corollary to the decree of the civil Court and, therefore, they have no right to remain in the municipal service or seek any relief by way of a writ of mandamus in this Court.;

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