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Andhra Pradesh High Court
Judges : K.S.SHRIVASTAVA
D.Seshagiri Rao - Appellant
Versus
State OF A.P., rep., by its Secretary, education Dept., Hyderabad - Respondent
Decided On : 01-29-97
Constitution of India,1950 - Article 226 - Andhra Pradesh Educational Service Regulation of Pay Fixation of principals and Lecturers, Act 10 of 1990 - Section 3 – Appointment - Claim Of pay equal Sanskrit lecturers and Principals - Petitioners were initially appointed as Lecturers in Category I class IV of Andhra Pradesh Education Subordinate Service Rules and later were promoted to post of Lecturers in Category of Andhra Pradesh Educational Services for short apes - They sought fixation of their pay in scale with effect ground that Lecturers who were junior them were granted pay in scale with effect from said Andhra Pradesh Administrative Tribunal consolidated with and batch and disposed of same on directing the respondents to review cases petitioners in light of the judgment passed by within a period one month from the date of order - Government of Andhra Pradesh did not take any decision and therefore petitioners preferred before Andhra Pradesh Administrative Tribunal for short apart seeking relief of fixation of their pay in scale with effect from same ground that pay of their juniors had been fixed in that scale and also requested for payment –Held, Case of State of Gujarat and case of and others are distinguishable on facts. In the case of State of Gujarat supra right which was accrued parties was taken away by the legislature by extinguishing their status as Government servants and therefore Government was found to be arbitrary and unreasonable whereas in case and other (4 supra) juniors were promoted on the basis of the provisional seniority list - Although their seniors were recognised by deemed dates of promotion they were not given consequential benefits. Such is not the case here was working as Principal Government Sanskrit College from which post was declared the petitioners that a person holding the post of Assistant Lecturer in Sanskrit can be transferred as Principal of the Government Oriental College including Government Sanskrit College whereas a Lecturer in sanskrit which forms part of higher service is entitled only to earn that post by promotion because by transfer from Category of Assistant Lecturer in sanskrit in APES an Assistant Lecturer can only be appointed as Lecturer in Sanskrit in Government Arts (Degree) and Oriental colleges - case of Government of A. P. and others Division Bench of Court has that there was no defect in the earlier Government order or the enactment which had rendered its executive action invalid and for this reason only Division Bench this Court that impugned legislation was out and out a legislation to nullify instant judgment Court authority by declaration in shape of decree in the legislature Court reach the conclusion that the petitioners have failed establish that impugned legislation has nullified interpretation of law given in the impugned judgment because the foundation of the judgment in question has been properly removed by changing law itself - When foundation of judgment has been removed argument that attempt has been made to nullify the judgment disappears and these circumstances petitioners cannot claim for same scale - Petition dismissed
( 1 ) FIVE retired Principals, through this writ petition under Article 226 of the constitution of India, seek issuance of a writ of Mandamus, directing the respondents to implement the judgment passed by Andhra Pradesh administrative Tribunal, Hyderabad, in R. P. No. 3558/89, dated 10-4-1989, by fixing their pay in the scale of Rs. 700-1100 with effect from 1-4-1996 as also to pay arrears.
( 2 ) THE petitioners were initially appointed as Lecturers in Category I class IV of Andhra Pradesh Education Subordinate Service Rules (for short apess Rules ) and later were promoted to the post of Lecturers in Category ii of Class IV of Andhra Pradesh Educational Services (for short, apes )- They sought fixation of their pay in the scale of Rs. 700- 1100 with effect from 1-4-1996 on the ground that the Lecturers who were junior to them were granted pay in the scale of Rs. 700 -1100 with effect from the said date. The andhra Pradesh Administrative Tribunal, consolidated R. P. No. 1178/87 with r. P. No. 1984/86 and batch and disposed of the same on 14-7-1988 by directing the respondents to review the cases of the petitioners in the light of the judgment passed by it in R. P. No. 1682/80, within a period of one month from the date of the order. The Government of Andhra Pradesh did not take any decision and, therefore, the petitioners preferred R. P. No. 3558/89 before the andhra Pradesh Administrative Tribunal (for short apat ), seeking the relief of fixation of their pay in the scale of Rs. 700 -1100 with effect from 1-4-1966 on the same ground that the pay of their juniors had been fixed in that scale and also requested for payment of arrears. On 10-4-1989, APAT allowed the said R. P. , as prayed for, and directed the respondents to implement the orders passed in R. P. No. 1178/87 with in a period of six weeks from the date of receipt of the order. This order has also not been implemented in spite of representations and, therefore, the petitioners request for a direction to the respondents to implement the judgment passed by APAT in R. P. No. 3558/89, dated 10-4-1989 by fixing their pay in the scale of Rs. 700 - 1100 with effect from 1-4-1966 and to pay arrears to them.
( 3 ) THE relevant portion of the interim direction passed in W. P. M. P. No. 13863/89 reads as under :"interim direction to implement the judgment of the Andhra Pradesh administrative Tribunal dated 10-4-1989 in R. P. No. 3558/1989. Two weeks to file counter. "no action was taken by the respondents in pursuance of the above mentioned interim direction. Therefore, the petitioners filed C. C. No. 676/89 in which it was observed that the relief to be granted in the C. C. depends upon the validity and applicability of the special rules for APES in G. O. Ms. No. 340, education (H-1) Department, dated 27-10-1989 which has been given retrospective effect from 1-4-1996 as also the Act No. 10 of 1990 for regulation of pay fixation of the Lecturers of APES with retrospective effect from 1-4-1996 and the petitioners can raise the question of validity and applicability of the Act and Rules in the main writpetition and thus disposed of the contempt petition on 23-9-1991 holding prima facie the respondents not guilty of any contempt of Court.
( 4 ) THE petitioners on 25-9-1996 filed W. P. M. P. No. 25189/96 alleging that there is no nexus between the object to be achieved and object achieved and, therefore, the provision made in G. O. Ms. No. 340, dated 27-10-1989 is liable to be declared as void merely on the ground that an Assistant Lecturer in sanskrit of Category I of Class I of APESS Rules can be transferred as a Principal of the Government Oriental Colleges including M. R. Government Sanskrit college, Vizianagaram, whereas a Lecturer in Sanskrit, which forms part of higher service, can be posted as Principal of M. R. Government Sanskrit College only by promotion and the post of Principal of M. R. Government Sanskrit college and the post of Assistant Lectur
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