Andhra Pradesh High Court
Judges : G.BIKSHAPATHY
M.V.Subrahmanyam - Appellant
Versus
M.V.P.C.Sastry, Secretary, Government Of A.P., Education Dept. - Respondent
Decided On : 11-08-99
Constitution of India - Articles 311 and 14 - Essential Commodities Act - Section 3 - Section 2 - finance Act - Section 36 - Kerala Electricity Surcharge Act, 1989 - Section 11 - Writ petitions were filed by teaching staff in private educational institutions - Their claim was for grant of benefits under automatic advancement career advancement scheme namely appointment to Special Promotion Post, special Ad-hoc Promotion - Government have issued creating promotion avenues to employees working in State government - Said G. O. was made applicable to teachers working under private managements including private aided managements - Benefits were released to number of teachers duly granting special promotion posts duly taking into account unaided service also for purpose of computation of total service to enable staff to avail benefit under scheme - While so, Government of andhra Pradesh issued Memo cancelling benefits of promotional schemes and directed recovery of amounts already paid - Director of School Education also issued consequential orders - At that point of time, writ petitions were filed in some cases challenging action of Government in recovering amounts and also to release promotions under automatic advancement scheme by taking into consideration unaided service - Learned single Judge of this court considered matter and held that service rendered by teaching staff in post prior to admission to aided post will have to be taken into account for computation of service for purpose of their eligibility to special Grade Post and that order seeking to recover financial benefits were set aside – Held , Qualifying and enacting section - It only stipulates that service from date of approval of appointment in a post admitted to grant-in-aid shall be counted, for purpose of fixation of his pay and also pension under schemes formulated – So applies to fixation of pay and also pension under schemes formulated, but it did not refer to automatic advancement/career advancement scheme - To validate eligibility criteria retrospectively, and to override benefits already released or to make ineffective judgments and decrees of Courts or administrative ordersnon- obstante clause was enacted - IT is well settled rule of construction right from Sussex Peerage case that if words of statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense - Words do alone in such cases best declare intent of lawgiver! In words if words used are capable of one construction only then it would not be open to courts to adopt any other hypothetical construction on ground that such construction is more consistent with alleged object and policy of Act - Enacting provision bringing criteria for entitlement to pension and pay fixation retrospectively - Non-obstante clause is enacted - There is always close proximation between enacting section and non-obstante clause - If enacting statute is clear and unambiguous, its scope cannot be cut down or enlarged by resort to non-obstante clause - Supreme Court further held that enacting part of statute must, where it is clear, be taken to control non-obstante clauses where both cannot be read harmoniously - Disposed of
( 1 ) ALL the Contempt Cases can be disposed of by a common judgment.
( 2 ) VARIOUS writ petitions were filed by the teaching staff in private educational institutions. Their claim was for grant of the benefits under automatic advancement/ career advancement scheme namely appointment to the Special Promotion Post, special Ad-hoc Promotion etc. Government have issued G. O. Ms. No. 117 P. R. C.-I, dated 25-5-1981 creating promotion avenues to the employees working in the State government. The said G. O. was made applicable to the teachers working under the private managements including the private aided managements by G. O. Ms. No. 164 dated 1-6-1982. The benefits were released to number of teachers duly granting special promotion posts etc, duly taking into account unaided service also for the purpose of computation of total service to enable the staff to avail the benefit under the scheme. While so, the Government of andhra Pradesh issued Memo dated 6-1-1987 cancelling the benefits of the promotional schemes and directed recovery of the amounts already paid. The Director of School Education also issued consequential orders dated 28-1-1987. At that point of time, the writ petitions were filed in some cases challenging the action of the Government in recovering the amounts and also to release the promotions under the automatic advancement scheme by taking into consideration the unaided service. The learned single Judge of this court considered the matter in W. P. No. 13662/1998 reported in N. Hanumantha rao vs. Government of Andhra Pradesh and held that the service rendered by the teaching staff in the post prior to admission to aided post will have to be taken into account for the computation of 10 years of service for the purpose of their eligibility to special Grade Post and that the order seeking to recover the financial benefits were set aside. Against the said order, writ appeal was filed and the writ appeal was also dismissed. Consequent on the decision of the learned single Judge, all the writ petitions were filed seeking benefit of automatic advancement scheme on the basis of the orders passed by the learned single Judge referred to above. All the writ petitions were disposed of in terms of the directions of the learned single Judge and these contempt petitions were filed alleging violation of the orders passed in the writ petitions.
( 3 ) THE present Contempt Cases were filed alleging that the respondents have not implemented the automatic advancement scheme even though they are eligible under the rules and that it is a gross violation of the orders of this Court and they prayed for punishing the respondents for contempt of the orders of this Court.
( 4 ) THE Government had taken number of adjournments and at some point of time they also gave an undertaking that they are going to implement the orders shortly. This court granted adjournments on the premise that the order would be implemented. But, however, the learned Government Pleader submitted before this Court that the government have issued clarification in g. O. Ms. No. 41, dated 11-2-1988 stating that for purpose of computing the service to avail the career advancement scheme, the services rendered prior to the post being admitted to the aid will not be taken into account and that the said G. O. was challenged by the teaching staff. Hence, they sought for adjournment of the matter, till the decision of the Division Bench is delivered. On this ground, the matters were adjourned for considerable period. Thereafter, it was represented that the G. O. was struck down by the Division Bench of this Court. After this event, the learned government Pleader again sought for some more time. But, no positive response was forthcoming. Ultimately, the Government filed counters in some of the cases stating that the Ordinance was promulgated on 27-6-1999 by the Government and the same was published in the A. P. Gazette dated 27-6-1999. The said Ordinance was cal
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