Centre told to amend Presidential Order under Article 371D

Hyderabad: The Supreme Court on Wednesday suggested that the Centre obtain the President’s assent to amend the Presidential Order under Article 371D of the Constitution before devising unified service rules for government and panchayat raj teachers.

The apex court quashed a Special Leave Petition (SLP) filed by the erstwhile AP government in 2008 and held the orders of that time for unified service rules as illegal and invalid.

With this, a major hurdle has been cleared and the state government can ask the Centre to seek the President’s assent for amendment of the 1975 Presidential Order for reorganisation of cadres. If done, several critical posts like mandal education officers, currently lying vacant, can be filled immediately.

The long-running issue dates back to the cadre rules under the Presidential Order wherein teachers working in government schools were classified differently from those working in panchayat raj-run schools. As such, government school teachers were eligible for promotions to higher government posts like district education officers.

But despite having seniority and experience, panchayat raj teachers were not eligible for promotions and benefits on the same level. Rules were framed in 1981 first to bring both classes of teachers on the same level but this was challenged in court and a stay obtained.

The then N. Chandrababu Naidu government had again brought unified service rules, elevating panchayat raj teachers to the level of satte school teachers.