TMI Blog2002 (10) TMI 802X X X X Extracts X X X X X X X X Extracts X X X X ..... rnment framed a composite set of rules called Andhra Pradesh Educational Rules, 1966 in exercise of the executive powers available for the State. The Schools in the State for the purpose of those Rules were classified into three categories: Elementary Schools for classes 1st to 5th; Upper-Primary Schools for classes 6thand 7th and Secondary Schools for classes 8th, 9th and 10th.In several schools there were combined classes from elementary stage to secondary stage also, though in some schools classes upto upper-primary alone were conducted. For SSLC trained teachers(in short SGBT Teacher) the scale of pay at the time of introduction of 1966 Rules was ₹ 80-150.In the Telangana area earlier the scales were lower and classification was also said to be different. The scale of pay for a Graduate B.Ed. known as School Assistant was ₹ 130-250. In addition to the other academic qualification,the teachers' training certificate or B.Ed. degree, was also an eligibility criteria for appointment as SGBT teacher or School Assistant, as the case may be, respectively. 4. In G.O.M.S. No. 910, Education dated 27th April, 1970,Statutory Rules were said to have been framed rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 130-250 as in the case of untrained graduate appointed to teach Science and Mathematics. This decision was not challenged further by the authorities of the State Government. By the time the High Court rendered the judgment the scale of pay then in force at ₹ 130-250 was further said to have been revised as ₹ 150-300 w.e.f. 19-3-1970 and the High Court, therefore sustained the claim for the revised scale of pay. 5. While matters stood thus a group of teachers belonging to both SGBT and School Assistant categories teaching the subject in Humanities working in Zilla Praja Parishad Schools in Nalgonda approached the High Court with a grievance that they were being denied the benefit on the ground that they were not graduate in Science and Mathematics, by filing W.P. No. 6387 of 1976. With the constitution of the erstwhile Administrative Tribunal in the State in exercise of the powers under Article 371D of the Constitution of India, the said writ petition stood transferred to the Tribunal as Tr. W.P. No. 1361 of 1976.When the matters came up before the Tribunal for hearing it was disposed of by an order dated 15-9-1977 stating that it was not disputed that the facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sequently following this judgment. With the constitution of the State Administrative Tribunal under the provisions and Administrative Tribunals Act,1985, w.e.f. 1-11-1989 not only some of the cases pending on the file of the erstwhile Tribunal stood transferred to the new Tribunal, but several cases were also seem to have been filed afresh. It was at this stage that the Government suddenly became alive, though in a belated manner to the possible heavy financial commitments and serious implications flowing from the various judgments considered to be detrimental to the public interest and promulgated the Andhra Pradesh Educational Service Untrained Teachers (Regulation of Services and Fixation of Pay) Ordinance, 1991 subsequently replaced by the Act under challenge. The Preamble to the Act set out in detail the development of relevant events, from time to time and the passing of the various Orders by the Government as well as by the Court and the Tribunals, and reasons which necessitated the promulgation of the Ordinance as well as the enactment of the law in question. 7. The Ordinance as well as the act referred to above was brought into force w.e.f. 10-2-1967. Sections 2 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the date of extending such benefit and any amount drawn in pursuance of such benefit shall be recoverable in the manner specified in Clause (a); (d) no suit or other proceedings shall be maintained or continued in any Court, Tribunal or other authority against the Government or any person or the authority whatsoever for creation of supernumerary posts for the teachers referred to in Clause (b) and also such pending proceedings shall abate forthwith and (e) no court shall enforce any decree or other directing the pay fixation on par with the posts of teachers created for the subjects of Mathematics and science in accordance with G.O.Ms. No. 257Education Department, dated the 10th February,1967. 8. Since the provisions of the Act not only purported to disturb the state of affairs prevailing as on the date of the Act but proceeded to deprive the benefits already accrued and acquired by the class of petitioners by giving retrospective effect to the Act w.e.f. 10-2-1967 and further by providing also for the recovery of the amount already paid otherwise than in terms of the Act and in the manner specified therein. Hence, the petitioners approached the Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is stage. Per contra Mrs. K. Amareshwari, learned senior counsel appearing for the respondent-State with equal vehemence tried to justify the decision of the majority view of the Tribunal below and urged that the indisputable factual details indicated in the Preamble to the Act and noticed by the Tribunals also warranted the interference of the Legislature to set right the anomalies said to have resulted in the matter. According to the learned counsel serious mistakes, lapses and errors have been committed having grave consequences both in the matter of enforcement of law as also the effective administration and control of the schools resulting in serious financial problems and, therefore, no exception could be taken to the provisions of the Act which were meant to set right the whole matter. In substance the submission was that there was no deprivation of any of the legally acquired or vested rights, but the Act purported to really deny and discontinue ill-gotten rights and benefits undesirably obtained. We have carefully considered the submissions on behalf of both parties. 10. The State of Gujarat and Anr. v. Raman Lal KeshavLal Soni and Ors. (1983)ILLJ284SC a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... single them out for differential treatment. That would offend Article 14 of the Constitution. An attempt was made to justify the purported differentiation on the basis of history and ancestry, as it were. It was said that Talat is and Kotwals who became Secretaries, Officers and servants of Gram and Nagar Panchayats were government servants, even to start with, while municipal employees who became such Secretaries,Officers and servants of Gram and Nagar Panchayats were not. Each carried the mark or the 'brand' of his origin and a classification on the basis of the source from which they came into the service, it was claimed, was permissible. We are clear that it is not. Once they had joined the common stream of service to perform the same duties, it is clearly not permissible to make any classification on the basis of their origin. Such a classification would be unreasonable and entirely irrelevant to the object sought to be achieved. It is to navigate around these two obstacles of Articles 311 and Article 14 that the Amending Act is sought to be made retrospective, to bring about an artificial situation as if the erstwhile municipal employees never became members of a serv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... retrospective. Past virtue (constitutional) cannot be made to wipeout present vice (constitutional) by making retrospective laws. We are, therefore, firmly of the view that the Gujarat Panchayats (Third Amendment) Act, 1978 is unconstitutional, as it offends Articles 311 and 14 and is arbitrary and unreasonable. We have considered the question whether any provision of the Gujarat Panchayats(Third Amendment) Act, 1978 might be salvaged. We are afraid that the provisions are so intertwined with one another that it is well nigh impossible to consider any life-saving surgery. The whole of the Third Amendment Act must go. ..... 11. In Ex-Capt. K.C. Arora and Anr. v. State of Haryana and Ors. (1984)IILLJ362SC the principles laid down by the above Constitution Bench were followed, while striking down an amendment to the Punjab Government National Emergency (Concession) Rules taking away acquired or accrued fundamental rights with retrospective effect, as offending Articles 14 and 16 of the Constitution of India. The retrospective amendment of the Rules in the said case had the effect of depriving the benefit of military services beyond a particular date with retrospect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts and those orders attained finality without being further challenged by the Government,in the minor known to law. Such rights, benefits and perquisites acquired by the Teachers concerned cannot be said to be rights acquired otherwise than in accordance with law or brushed aside and trampled at the sweet will and pleasure of the Government, with impunity. Consequently we are unable to agree that the Legislature could have validly denied those rights acquired by the appellants retrospectively not only depriving them of such rights but also enact a provision to repay and restore the amounts paid to them to the State. The provisions of the Act, though can be valid in its operation 'in future' can not be held valid in so far as it purports to restore status quo ante for the past period taking away the benefits already available, accrued and acquired by them. For all the reasons stated above the reasons assigned by the majority opinion of the Tribunal could not be approved in our hands. The provisions of Sections 2 and 3(a) insofar as they purport to take away the rights from 10-2-1967 and obligates those who had them to repay or restore it back to the State is hereby struck do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion to nullify the lawful rights acquired during the past period and justify only prospective application and accordingly read down, as in the case of Section 2 of the Act. In view of the conclusions arrived at on the eligibility or otherwise to claim the benefit of the automatic advancement scheme there is no need or warrant to interfere with the stipulations contained in Section 3(c) and (d). In the light of and to the extent of relief granted to the appellants in this Judgment, Section 3(e) also cannot have any such force and effect to deprive the rights accrued to and acquired by the appellants and persons similarly placed. The appeals are partly allowed, accordingly. 16. In the light of the above orders passed granting relief to all persons similarly placed as the appellants no further orders are necessary on the application for impleadment. C.A. No. 5208 of 2000 17. The above appeal has been filed against the judgment of a Division Bench of the Andhra Pradesh High Court dated9th September, 1997 in Writ Appeal No. 931 of 1997 where under the Court while allowing the appeal of the respondent directed the appellants to give the benefits of du ..... X X X X Extracts X X X X X X X X Extracts X X X X
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