2026:APHC:5565 APHC010513232005 Bench Sr.No:-21 IN THE HIGH COURT OF ANDHRA PRADESH [3506]

AT AMARAVATI WRIT PETITION NO: 20119 of 2005 V. Ramagopala Sastry ...Petitioner Vs.

The State of A.P., Hyderabad and Others ...Respondent(s)

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Advocate for Petitioner: Sri P ROY REDDY Advocate for Respondent: GP FOR EDUCATION CORAM : SRI JUSTICE CHALLA GUNARANJAN DATE : 12th February 2026

ORDER:

Present writ petition is filed seeking following relief:

“….to issue a writ, order or direction, more particularly, one in the nature of Mandamus, declaring the action of the respondents 1 to 3 in denying the petitioner regular pay scales for the period from 29-9-2001 to 28-9-2003 and in applying Rule 12(4)(a) of the A.P. Educational Institutions (Establishment, Recognition, Administration & Control of Schools Under Private Managements) Rules, 1993, to the petitioner's case, as illegal and arbitrary and consequently, direct the respondents 1 to 3 to pay to the petitioner regular pay scale admissible to Secondary Grade Teachers for the period from 29-9-2001 to 28-9-2003 and pass ..”

2. Petitioner was initially appointed as Secondary Grade Teacher in unaided vacancy on 27.02.1997. Later, he came to be absorbed in aided vacancy on 29.09.2001 in 4^th respondent School. The same later came to be approved by the government by proceedings, dated 11.09.2003 read with proceedings, dated 17.10.2003, issued by 3^rd respondent. In effect, 0 0 2 0 6 5 :APHC:5565 the petitioner’s absorption in aided vacancy was given effect from 29.01.2001. However, the 3^rd respondent in its proceedings, dated 17.10.2003, stipulated that petitioner would be paid remuneration at the rate of Rs.1,200/- per month for 1^st year and Rs.1,500/- per month for 2^nd year in terms of G.O.Ms.No.100, Education (PS-I) Department, dated 16.08.2001. Petitioner has made representation to the 3^rd respondent requesting to apply regular pay scale as applicable to the aided post by bringing the point that Rule 12(4)(a) of the A.P. Educational Institutions (Establishment, Recognition, Administration & Control of Schools Under Private Managements) Rules, 1993 (for short, “the Rules”) as inserted by way of amendment to G.O.Ms.No.100, dated 16.08.2001, would not apply to him inasmuch as he was already appointed in unaided vacancy way back in the year 1997 and that he already completed the two years period of probation.

3. Now, both learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents, have placed on record the judgments of the Division Bench of this Court in W.A.No.202 of 2012, followed in W.A.No.1083 of 2005, which considered similar issue and held that the amendment would not apply to persons who have already been appointed and completed two years of service even prior to issuance of the said G.O.

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4. In view of the aforesaid judgments of the Division Bench, which are binding on this Court, the writ petition stands allowed. The respondents are directed to pay regular pay scale as admissible to the Second Grade Teachers for the period from 29.09.2001 to 28.09.2003 within three months from the date of receipt of a copy of this order. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed.

_____________________________ JUSTICE CHALLA GUNARANJAN Date:12.02.2026.

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