STATE OF A.P. Vs. V.JANAKI

JUDGEMENT

(1.) THIS Writ Appeal is filed against the order dated 01.07.2010 passed by the learned Single Judge in W.P.No.24308 of 1999.

(2.) RESPONDENTS were working as teachers in various educational institutions, which were admitted to grant -in -aid, at different parts of undivided State of Andhra Pradesh. On representations made by them, all the three were deputed to work in Bhavans New Science College, Narayanguda, Hyderabad, which is an institution admitted to grant -in -aid. The corresponding proceedings were issued on 10.03.1996, 29.09.1995 and 19.04.1995 respectively by the Commissioner of Collegiate Education. A specific condition was incorporated in the orders of deputation to the effect that the incumbent shall pay the leave salary and pension contribution to the Government as per the Rules in force. The respondents joined the institution and complied with the requirement as to payment.

(3.) THE respondents attained the age of superannuation while working in Bhavans New Science College and were extended the retirement benefits also. Placing reliance upon G.O.Ms.No.88, dated 16.03.1999, they filed W.P.No.24308 of 1999 and prayed for a direction to the respondents to refund the leave salary and pension contribution paid by them and award interest @ 24% per annum thereon with appropriate relief in the form of declaration in this behalf. Their principal argument was that the teachers working in a Government college and those working in a private college admitted to grant -in -aid are on par with each other and their service conditions are uniform. Hence, they wanted the condition to be waived in terms of G.O.Ms.No.88, dated 16.03.1999. The Writ Petition was opposed by the appellants. They pleaded that the said G.O covers the cases of the lecturers working in Government institutions and the benefit thereunder cannot be extended to the lecturers, who are not on the rolls of the Government colleges. Through the order under appeal, the learned Single Judge not only directed refund of the amounts collected from the respondents, but also directed the Government to take a decision on or before 15.10.2010 to be uniform for all teaching and non - teaching employees in this behalf.