DASARATHI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The State of Andhra Pradesh, by its G.O.Ms. No. 862 dated 19/08/1977, had appointed the petitioner as poet Laureate in Telugu with effect from 1 5/08/1977. Initially the appointment was limited for a period of five years and carried an honorarium of Rs.6, 000.00 per annum. But the State Government had, by a subsequent order made in G.O. Ms. No. 1155 of 4/12/1978, raised the honorarium payable to the petitioner from Rs.6, 000.00 to Rs.12, 000.00 per annum in addition to allowing him free use of motor car with a monthly allowance of Rs.250.00 for its running and free telephone facility and the services of an attender. Within a few months thereafter, the Government issued G.O. Ms. No. 514 of 30/05/1981 converting the petitioners limited term of appointment into one of life appointment. Normally, the petitioner would have continued as Telugu Poet laureate of the State for the rest of his life drawing an annual honorarium of Rs.12, 000.00 and enjoying free use of a motor car, telephone facility and the services of an attainder. But, with the assumption of office by a new Government that came into power in January, 1983, all that was changed. The new Government had terminated the petitioners appointment as Poet Laureate. The fundamental difference in thinking of the new Government on the subject is wholly responsible for the making of this order. The new Government thought that the appointment of Poet laureate would be constitutionally bad economically undersirable and morally indefensible. It took the view that appointing a particular person as poet laureate would be acting contrary to the ideals of building an egalitarian society and would not be conducive to the maintenance of austerity urgently called for by the poor state of economy, and above all, amounts to showing gross disrespect to the cherished ethical values. The State also noted on a minor key that the petitioners appointment might be even injurious to the reputation of the petitioner himself by calling for uncalled for comments and unfavourable comparisons. The State Government, therefore, decided to terminate the appointment of the petitioner as Poet, Laureate. Here it may be mentioned that decision of the State Government to terminate the petitioners appointment is not in any way peculiar to the petitioner. The decision to terminate appointments, motivated by the above thinking, is applied to all those appointed along with or like the petitioner as poet laureates or Asthan Vidwan. Reflecting this thinking, the Minister for Education first wrote on 1-4-1983 to he petitioner inviting him to voluntarily relinquish his appointment as Poet Laureate and the perquisites attached to it. That letter of request reads, in parts, thus: - Even since we have assumed responsibility of Government we have, through our decisions and actions, conveyed to the people, who have reposed such great confidence in us, that we are determined to maintain austerity and economy in expenditure respect high ethical values and build an egalitarian society. While it is a matter of pleasure to all of us that you have attained excellence in your filed, you will agree that States recognition of it through a title like "Poet Laureate in Telugu" (Asthana Kavi) is of little additional consequence. On the other hand, such sanctions take away much of the dignity and evoke uncalled for comments and comparisons in view of certain perquisites being given. We feel that in our endeavour to encourage talent and pursuit of various arts by large number of citizens of our State and country, the present practice of grant of distinctions and perquisites to few persons is incorrect and we must need, therefore, to discontinue it." The above Letter ended with making the following appeal to the petitioner: "I trust, as an eminent person in your field but interested in encouraging large number of aspirants, you will also have no hesitation in relinquishing both the distinctions of "Poet laureate" in Telugu and the perquisites that go with it and also help us in evolving a new cultural policy for the State Government. With kind regards, Yours sincerely, P. Ananda Gajapathi Raju Minister for Education. As the petitioner was one among many whose appointment as poet laureate etc., was proposed to be terminated, the above letter had been addressed to each one of those appointed.

(2.) However, the petitioner did not find it possible to accept the Ministers suggestion to relinquish his distinction as Poet laureate and the perquisites attached to it. The petitioner, on his behalf and on behalf of some of the appointees, wrote back to the Government strongly deprecating the correctness of the stand of the new Government and extolling the virtues of the office of Poet laureate and eminence of those appointed as Poet laureates. He minimised the importance of the States arguments based on economy, equality and democracy, The petitioners reply reads thus: - "The institution of Asthana Kavi or Asthana Vidwan was established long ago in democratic set up by persons of high calibre and respectors of democracy and was never, during all these years, been treated in the light, it is now being done by the Telugu Desam Government. We fail to understand, how an established distinction bestowed on a few in view of their eminence in their respective fields can undermine the aspirations of the rising talent. In fact, existence of a recognised distinction is always a guiding light for all those who are treading the path of cultural achievements. As regards economic aspect of the case, you will agree with us that the expenditure involved is negligible compared to the total exchequer of the State. We are sorry to say, we are not convinced with the view expressed in your D.O. letter cited." Yours sincerely, Sd/. Now the Government was faced with a hard choice of either continuing the old policy or terminating the appointment of all either as Poet Laureates or Asthana Vidwans etc., The Government chose the latter course and terminated the petitioners appointment as Poet Laureate by G.O. Ms. No. 250 dated 26/05/1983 along with the appointments of all others. The impugned order says, that the appointment of the petitioner as Poet Laureate together with the nohourarium and perquisite attached to it should cease to be operative with immediate effect. As a result, the petitioner ceased to be a Poet Laureate and was made to lose the none too inconsiderable economic benefits of honorarium, use of telephone facility and the services of an attender.

(3.) It is this order of the Government made in G.O. Ms. No. 250 dated 26/05/1983 that is impugned in this writ petition.