KAMIREDDY BRAHMA REDDY Vs. VISAKHAPATNAM PORT EDUCATIONAL SOCIETY

JUDGEMENT

(1.) HEARD Sri Vedula Srinivas, learned counsel appearing for the petitioner and Sri P. Sriram, learned standing counsel for the respondents.

(2.) THE 1st respondent is a statutory body under 'The Major Ports Act'. It started educational institutions for the benefit of the children of its employees in the year 1956. The Schools were funded by the 1st respondent and they were directly under the control of the 1st respondent. There were three primary schools and three high schools run by the 1st respondent. Later on, in the year 1977, the 1st respondent incorporated the 2nd respondent Society and started running of the Schools through the 2nd respondent. The 2nd respondent is receiving aid in respect of some of the teaching staff from the State Government and the 1st respondent also releases funds every year to meet the salary and other expenditure of the un -aided posts. The 2nd respondent is only a superfluous body created to give an impression as if it is an independent organization running the schools. The 2nd respondent is also an instrumentality of the State.

(3.) IT is argued by Sri Vedula Srinivas, learned counsel appearing for the petitioner, that the amendment to Section 78 -A by way of Act 1 of 2015, applies to the employees of any aided private educational institutions. Even if the petitioner is working in unaided post, since the educational institution in which he is working, is an aided institution, the amended provisions of Section 78 -A of the Act 1 of 2015, which are mandatory, shall be applicable to the petitioner and there is no force in the contention of the respondents that they have no obligation.