A P SOCIAL WELFARE RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY Vs. A P SOCIAL WELFARE RESIDENTIAL SCHOOLS TEACHING AND NON TEACHING STAFF ASSOCIATION

JUDGEMENT

(1.) The review petition in Review WAMP.No.1292 of 2002 is filed against the Order dated 29.1.2001 in WAMP.No.29 of 2001 and WA.No.16 of 2001. The Writ Appeal is filed against the Order dated 25.6.1999 in W.P.No.2439 of 1995 passed by the learned single Judge of this Court.

(2.) Necessary facts leading to the filing of the review application and the writ appeal are as follows: The Social Welfare Department of the State of Andhra Pradesh established A.P. Social Welfare Residential Schools to provide quality education to the talented children of Scheduled Castes coming mainly from the rural areas. It also established a state level society known as A.P. Social Welfare Residential Educational Institutions Society (in short 'APSWREI') to supervise, control and manage the above social welfare educational institutions in the State. It is an autonomous body.The Education Department of the State of Andhra Pradesh is running some other residential educational institutions. It is known as A.P. Residential Educational Institutions Society (in short 'APREI'). The above two Societies are permitting its teaching and non-teaching employees to draw scales of pay as applicable to the State Government employees from time to time. The pay scales of the State Government employees are being revised by the State Government from time to time. The State Government revised the pay scales of its employees during the year1986 known as "A.P. Revised Pay Scales, 1986". While fixing the pay scales of APREI teaching staff in the revised pay scales 1986, the teaching faculty of APREI were not given equivalent pay scales corresponding to the then existing pay scales of the teaching staff of APREI. Their employees association was making representations to the State Government from time to time to increase the pay scales and give them the scales in the revised pay scales, 1986 corresponding to the pay scales held by them when A.P. Revised Pay Scales, 1986 came into existence. Meanwhile the State Government again revised the pay scales of the State Government employees and those scales are known as "A.P. Revised Pay Scales, 1993". In 1993 pay scales also the teaching staff of APREI were not given the scales corresponding to the scales which they were getting by the time A.P. Revised Pay Scales, 1986 came into force. Subsequently they made another representation to restore the parity in the pay scales. After considering their request, the Government issued orders in G.O.Ms.No.92, Education (PROG.3) Department, dated 19.3.1994 revising the pay scales. In the Annexure to the said G.O.Ms.No.92, dated 19.3.1994, the corresponding revised pay scales, 1986 relating to the scales existing by the time the A.P. Revised Pay Scales, 1986 came into existence as well as Revised Pay Scales, 1993 for P.G. Teachers, T.G. Teachers and Special Teachers are mentioned. When Revised Pay Scales of 1986 were made applicable to the teaching staff of APSWREI, they were given higher scales than the scales of the corresponding teaching staff of APREI. After G.O.Ms.No.92 was issued making the teaching staff of APREI entitled to the revised pay scales of 1993, the Association of APSWREI made a representation to the Government requesting the State Government to give them the pay scales given to the teaching staff of APREI in G.O.Ms.No.92. The Government accepted the demand of APSWREI Employees Association. It issued an order in G.O.Ms.No.138, Social Welfare (K) Department, dated 12.9.1994 making applicable to the employees of APSWREI the scales given to the teaching and non-teaching staff of APREI Society in G.O.Ms.No.92. In pursuance of the above two G.Os., it is pleaded, a Circular dated 17.10.1994 was issued by 2nd respondent stating that initial fixation is to be made from the Revised Pay Scales, 1986 and to release monetary benefit from 1.4.1990 and fixation of the pay shall be done under FR 22(a)(1) read with FR 31(2). The Government in G.O.Ms.No.92 made it clear that the Revised Pay Scales, 1993, shall come into force with effect from 1.7.1992 notionally with monetary benefit from 1.4.1993 and the pay shall be fixed in accordance with the principle laid down in G.O(P) No.162, Finance, dated 20.5.1993 read with another G.O(P) No.18, Finance, dated 19.1.1994. The above two G.Os, namely, G.O(P) No.162 and G.O(P) No.l18 relate to the Revised Pay Scales, 1993, granted by the State Government to its regular employees. Thereafter the Employees Association of APSWREI filed the writ petition in W.P.No.2439 of 1995 requesting this court to issue a writ of Mandamus declaring the action of the respondents in not implementing the revision of pay scales, 1986, in respect of Post-Graduate Teachers, Trained Graduate Teachers and Special Teachers notionally with effect from 1.7.1986 as illegal, arbitrary and unjust and consequently to direct the respondents to fix the pay of the teaching staff, namely, Post-Graduate Teachers, Trained Graduate Teachers and Special Teachers in the scale of pay of Rs.1810-3230, Rs.1550-1986 and Rs.1150-2110 respectively notionally with effect from 1.7.1986 and thereafter release the physical monetary benefits from 1.4.1990 and for consequential fixation in the future pay revisions i.e., 1992 and thereafter. In their writ petition it is stated that there was no reduction in the pay scales of the employees of APSWREI at any time and as far as the employees of APREI are concerned, the Government reduced the pay scales of APREI employees during the pay revision of 1986, the Government restored parity through G.O.Ms.No.92 and while doing so, decided to continue old pay scales and accordingly ordered for notional fixation in the pay scales of 1986 with effect from 1.7.1992 and permitted to take the monetary benefits from 1.4.1990. It is further stated in their affidavit by the writ petitioner that since such a situation does not exist in the pay scales of the employees of APSWREI, the Government while issuing G.O.Ms.No.138 dated 12.9.1994 only ordered to maintain parity in between the pay scales of the two Societies and consequently sanctioned to the staff of APSWREI those pay scales which were allowed to the staff of APREI Society. It was further averred in the writ affidavit that since G.O.Ms.No.138 was to operate only prospectively according to the Government, it did not mention anything about the notional fixation or monetary benefit in the said G.O., as was done by the Government in the case of the employees of APREI Society. They pleaded that the Secretary of the 2nd respondent issued a Circular dated 17.10.1994 giving guidelines for fixation of the pay of the staff of APSWREI interpreting G.O.Ms.No.138 in a different way. They pleaded that the above guidelines are contrary to the intention of the Government in G.O.Ms.No.138, dated 12.9.1994. It is pleaded that as the benefits under G.O.Ms.No.138, dated 12.9.1994 are being released from prospective date, it is necessary that the notional fixation be done from the earlier date so that the seniors would get higher fixationbasing on the pay drawn by them notionally from retrospective effect, otherwise it leads to serious anomalies, whereby the juniors and seniors would get the same scale even though the senior has put in a number of years. It is further stated in the affidavit that in G.O.Ms.No.92, dated 19.3.1994, the Government clarified that the teaching staff are entitled for 1986 scales and therefore there is no option left for the second respondent - Society to fix the pay scale by notional fixation with effect from 1.7.1986 and thereafter release the pay physically and actual monetary benefits from 1.4.1990. The above writ petition was opposed by the respondents. The learned single Judge by his order dated 25.6.1999 disposed of the writ petition with a direction to the respondents to undertake refixation of the pay scales of all the three categories of teachers whose pay scales are found equal to that of the pay scales of their juniors by duly following the rules of pay fixation which are laid down in the Fundamental Rules. The learned single Judge also directed that in case of any anomaly being found on such refixation, the pay scales of such of those teachers shall be fixed notionally with effect from the date mentioned in G.O.Ms.No.162 dated 20.5.1993 and monetary benefits shall also be allowed with effect from the date mentioned in G.O.Ms.No.162.

(3.) Thereafter the writ petitioner filed a review petition in Review WPMP.No.22680 of 1999 before the same learned single Judge. The learned single Judge by his order dated 8.11.1999 reviewed his earlier order dated 25.6.1999 in the writ petition. In the order passed after review, the learned single Judge stated that the orders issued by the Government in G.O.Rt.No.814, Social Welfare(K) Department, dated 9.11.1994 was not filed along with the material papers in the writ petition and hence there was no occasion for the court to go through the said G.O., wherein it was clarified that G.O.Ms.No.138 should be read along with G.O.Ms.No.92 and if so read, the necessary implication would be that the benefits which are allowed in G.O.Ms.No.92 are deemed to have been extended to the staff of APSWREI Society also, in respect of whose benefit G.O.Ms.No.138 was issued. The learned single Judge held that the employees of APSWREI Society are also entitled to have their pay fixed on par with the employees working in the APREI Society with monetary benefit and notional fixation as was extended in the case of staff of APREI Society i.e., notional fixation from 1.7.1986 and monetary benefit from 1.4.1990 onwards.