Friday, Jul 15, 2005
Friday, Jul 15, 2005 |
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J. Venkatesan
NEW DELHI: The Supreme Court has ordered status quo on a Special Leave Petition against a judgment of the Andhra Pradesh High Court refusing to entertain a writ petition challenging the constitutional validity of an ordinance to merge the services of 29,000 regularly appointed and well-qualified Government school teachers with 2.5 lakh Panchayat Raj teachers. A three-Judge Bench, comprising the Chief Justice R. C. Lahoti, Justice C. K. Thakker and Justice P. K. Balasubramanyan, granted status quo during `mention time' on Wednesday. The Bench said: "List (the SLP) as notified. Status quo as ordered by the High Court to continue till then." The petitioner Sakinala Harinath submitted that on September 18, 2003, the Andhra Pradesh High Court had held that such an integration of services was in violation of Article 371 (D) as it required prior concurrence of the President of India.
Ordinance
The Andhra Pradesh Government filed appeals against this judgment in the Supreme Court and even as they were pending, the State Government promulgated an ordinance providing for the integration of the two services. The High Court on June 29, 2005, dismissed a writ petition challenging the ordinance on the ground that since it related to services in Government, it was appropriate that the Services Tribunal be approached. However, the High Court had directed the State Government to maintain status quo with reference to the promotions purported to be made under the ordinance for 15 days. Questioning the validity of the order passed by the High Court, the present Special Leave Petition had been filed, the petitioner said.
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