ORDER :

Heard the learned counsel for the petitioner and the learned Government Pleader for Services I.

2. This Writ Petition is filed praying, to issue Writ of Mandamus directing the respondents to implement the order of the A.P. Administrative Tribunal, Hyderabad dated 04.01.2013 in O.A. No. 303 of 2013 and further direct the respondents to re-fix the pay of the petitioners in the scale of Rs. 130-250/- and Rs.150-300/- as Untrained Graduate and as revised from time to time with all consequential benefits such as Payment of Salary, increments, arrears of pay and refund the amount already recovered from the petitioners by virtue of provisions of Act 14 of 1991, as per the judgment of the Hon’ble Supreme Court of India in ‘P.Tulsidas Vs. Government of A.P.’ reported in A.I.R. 2003 S.C 43 and set aside the impugned Proceedings Rc.No.63/347/A2/2013-17 dated 15.09.2017 issued by the District Educational Officer, Karimnagar.

3. The case of the Petitioners, in brief, is as follows:

a. The Petitioners were initially appointed as S.G.B. Teachers in Karimnagar District and later on, were promoted as School Assistants and have retired from service in May, 2004, 31.01.2001 and 31.12.2001 respectively.

b. Petitioners pay was fixed in the cadre of School Assistant at Rs. 150 – 300 and was revised from time to time. Act 14 of 1991 had been passed with a view to regulate the pay fixation of Untrained Graduate Teachers and Matriculate Teachers and also to initiate recovery proceedings against the teachers. The same had been challenged before the Tribunal vide OA.No.50430-50441/1991 and the action of the Government had been held correct by the tribunal. The decision of the Tribunal was challenged before the Hon’ble Supreme Court of India in Civil Appeal No. 2652-2654 of 1995 and batch, whereby the Hon’ble Supreme Court struck down the Section 2 and 3 (a) of the Act and had directed to refund the recovered amounts to the teachers.

c. The Petitioners herein also stand in the same footing, as the respondents herein have recovered the amounts from the Petitioner under the same Act and despite repeated attempts have not refunded the amount and the Petitioners have approached the Tribunal vide O.A. No. 303 of 2013.

d. The Tribunal at the stage of Admission perused the material papers and disposed of the O.A. 303 of 2013 vide order dated 04.01.2013 by stating:

“4. In the facts and circumstances of the case and as the subject matter of this O.A. is similar to O.A. Nos 2565 of 2003 and 3954 of 2003, this O.A. is also disposed of with similar directions as granted in these O.A’s”.

e. On the applications of the Petitioner, the District Educational Officer had sent a letter vide no. 63/A1/2013 dated 03.04.2013 to the Commissioner and Director of School Education, A.P. Hyderabad submitting detailed reports of the individual case for Examination and to take further action.

f. Petitioners have approached the Pension Lok Adalat Bench and have filed petitions for fixing the pay at Rs. 130250 and the Director of School Education, Telangana, Hyderabad vide letter dated 22.05.2017 requested the Legal Services Authority, Hyderabad to grant 4 weeks’ time to pass orders. Pursuantly, the District Educational Officer, Karimnagar issued proceedings Rc.No.63/347/A2/2013-17 dated 15.09.2017 and rejected the proposals of the retired teachers as they are not eligible for awarding pay scale of Rs.130–250.

g. Prior to issuance of the proceedings dated 15.09.2017, the District Educational Officer, Karimnagar had called for particulars of the Petitioners from the Head Institute as to whether they have taught classes of 8th, 9th & 10th and it is unknown whether the information to the District Educational Officer, Karimnagar has been furnished or not, even the proceedings dated 15.09.2017 have not spoken about the same.

h. The District Educational Officer, Karimnagar without assigning any reason whatsoever, had stated that the petitioners are not eligible and this is bad in law, arbitrary