Decided on November 28,1972



Gopal Rao Ekbote, CJ. - (1.) After bearing the learned Advocates for the Writ petitioners and the respondents, in view of the fact that there has been a conflict of opinion between the learned judges of this Court ending with the judgment of a Division Bench repotted in Bhavanarayana v. Municipal Council Ponnur (1) we are of opinion that the said judgment requires re-consideration. We would, therefore, refer the matter to a Full Bench. JUDGMENT (Order of the Court Pronounced by Gopal Rao Ekbote, C,J.) W.P. No. 1715/1972:- In Tenali town, there are three privately managed but aided by the Government, Elementary Schools. Petitioners 1 to 8 were teachers in one such school Vani Vidyalaya. Petitioners 9 to 11 were teachers in Hindu Elementary School and the petitioner No. 12 was a teacher in Sri Vijayalakshmi Vidya Sangham.
(2.) In G.O.M.S. No. 1346 dated 23-4-1959, the Government directed that the aided elementary schools in Guntur District shall be taken over by the Government. The Government therefore sanctioned some additional staff as well as incurring of some expenditure in that behalf. In pursuance of the above said G.O., the Government issued another G.O.M.S. No. 2888 dated 29-9-1959. The Government directed that "Such of the schools in the Guntur whose managements have expressed their willingness to hand them over to Government voluntarily shall be taken in the first instance. The remaining schools shall be similarly taken over according to the provisions of the Andhra Educational Institutions (Requisition and Acquisition) Act, 1956."
(3.) The G.O. then proceeded to direct that on the transfer an agreement in the prescribed from shall be taken from the management. The question of compensation will be decided. It further directed that on transfer of the management to the Government, the schools, would be handed over to the control of the District Board or the Municipal Council in whose jurisdiction the schools are situated. They will be paid grants. In regard to teachers it directed that the teachers in the schools so transferred shall be treated as a separate unit in the District Board on th Municipality as the case may be. They shall be governed by the rules prevailing in the respective local bodits. The provident fund of such teachers shall be taken over by the Government and handed over to the concerned local body to the credit of the teachers. The Government contribution shall also be so transferred. New service registers for such teachers shall be opened. Then there are some directions regarding the continuance, transfer and retrenchment of the teachers. It appears that the Government obtained consent letters from the managements of the above said three schools in Tenali showing their willingness for the taking over of these schools by the Government. On the basis of these letters, the said three schools were taken over by the Government and almost immediately they wers handed over to the Tenali Municipality.;

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