IMPORTANT POINT
Administrative orders are prospective in nature, unless they are expressly or by necessary implication made to have retrospective effect.

Headnote:Service Law-Recruitment to the aided post of teachers -Imposition of ban order by State Government vide Memo dated 20.10.2004, on the filling up of existing vacancies in the aided posts of teachers where the recruitment process had already been initiated by management of private schools-Issue in consideration whether said ban would not be applicable to recruitment process already initiated by management of private schools for filling up the vacant aided posts of teachers prior to the coming into effect of said memo-Held administrative orders are prospective in nature, unless they are expressly or by necessary implication made to have retrospective effect- No dispute that Memo imposing a ban on recruitment to grant-in-aid posts was issued after schools in question had been given permission by State authorities to fill up the vacant posts in the schools being managed and run by writ petitioners-No dispute that said Memo was not given retrospective effect so as to negate the approval already given for filling up grant-in-aid posts- The State Government and its authorities could not, therefore, contend that rationalization process which had been introduced, would also apply in respect of private aided schools, where the process of recruitment had already been commenced pursuant to the approval granted earlier-Even the approval which was granted for filling up vacant aided posts, had been granted after due scrutiny as to the requirements of schools in question-Special Leave Petitions dismissed. (Para 12)
Service Law-Writ petitions filed by two respondents working as sweeper and gardener-cum-watchman claiming that since their posts had been admitted into the grant-in-aid scheme and they had been appointed as full-time contingent employees, they were entitled to claim the benefit of certain Government Orders under which they were entitled to be converted as employees on the last grade service and the salary attached to such grade- Writ petitions filed by said respondents 1 and 2 were allowed- Finding of Division Bench that findings of Single Judge, had not been challenged, that G.O.Ms.No.259 was made applicable to petitioners- As the same had become final as between writ petitioners and State , it was no longer open to State to come to a different conclusion- No reason to interfere with impugned decision of High Court - Special Leave Petitions dismissed (Para 16)

JUDGMENT

Altamas Kabir, J. —

1. Two Special Leave Petitions, being SLP (C) Nos.9541 of 2007 and 10945 of 2007, arising out of the judgment and final order dated 29th December, 2006, passed by the Andhra Pradesh High Court have been taken up for consideration together, along with SLP(C)No.469 of 2011, which is directed against the judgment and order dated 9th July, 2009, passed by the said High Court in W.A.M.P.No.661 of 2008 in W.A.No.954 of 2009 and SLP(C)Nos.15231-32 of 2011, which are directed against the judgment and order 17th August, 2010, passed by the said High Court in W.A.No.1868 of 2003 and W.P.No.24066 of 2004. Inasmuch as, SLP(C)Nos.469 of 2011 and 15231-32 of 2011 arise out of different orders of the Andhra Pradesh High Court, the same will be dealt with separately, although, they have been taken up for hearing along with the other Special Leave Petitions.

2. For the sake of convenience, we shall refer to the facts in SLP(C)No.9541 of 2007 (Government of Andhra Pradesh & Ors. Vs. Sri Sevadas Vidyamandir High School & Ors.) in deciding the matters.

3. The subject matter of the various writ petitions, which were disposed of by the learned Single Judge of the Andhra Pradesh High Court, culminating in the various appeals, which were disposed of by the common judgment dated 29th December, 2006, is the effect of the ban order imposed by the State Government vide Memo No.1280/COSE/A2/2004-4 dated 20th October, 2004, on the filling up of existing vacancies in the aided posts of teachers where the recruitment process had already been initiated by the management of the private schools. The learned Single Judge, who had heard the writ petitions, had declared that the said ban would not be applicable to the recruitment process already initiated by the management of the private schools for filling up the vacant aided posts of teachers prior to the coming into effect of the aforesaid memo. The learned Judge had given a further direction to the said authorities to allow the writ petitioners to complete the process of selection. In some cases, a further prayer was made that the concerned authorities be also restrained from transferring teachers from one school to another by declaring them surplus and to release the amount of salaries payable to the teachers appointed against the aided posts.

4. For the sake of convenience, the Division Bench of the Andhra Pradesh noted the facts from the paper book of W.A.(S.R.)No.121938 of 2005, filed by the Government of Andhra Pradesh and Others against an order dated 9th March, 2005, passed by the learned Single Judge in Writ petition No.22804 of 2004, i.e., C.A.M. High School, Nellore Vs. Government of Andhra Pradesh and others, wherein, pursuant to leave granted, a prayer had been made for quashing the impugned Memo dated 20th October, 2004, along with Rc.No.140/B2-1/2005 dated 3rd November, 2005, issued by the Director of School Education, Andhra Pradesh, Hyderabad.

5. C.A.M. High School, Nellore, is a private aided school established by Samavesam of Telugu Baptist Churches, wherein all the posts of teachers sanctioned for the school are aided posts. In 2004, the management of the school approached the District Education Officer, Nellore, for grant of permission to fill up the existing vacant posts. The said officer, by his letter dated 17th September, 2004, to the Regional Joint Director, School Education, Guntur, recommended grant of sanction to the management of the school to fill up the vacant aided posts. Such permission was duly granted by letter dated 22nd September, 2004, which has been reproduced in full in the judgment of the Division Bench of the Andhra Pradesh High Court. Pursuant to such permission being granted by the Regional Director of School Education, Guntur, the management of the school initiated the recruitment process by requesting the District Employment Officer, Nellore, to forward the names of eligible candidates and also by publishing advertisements in two dail

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2011 Supreme(SC) 870

IMPORTANT POINT Administrative orders are prospective in nature, unless they are expressly or by necessary implication made to have retrospective effect.

IMPORTANT POINT
Administrative orders are prospective in nature, unless they are expressly or by necessary implication made to have retrospective effect.