ANGARA PANDITHACHARYULU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners are the School Assistants of C.B.M, High School, Samalkot. It is stated that the first respondent, the Government of Andhra Pradesh took a policy decision to admit certain schools to grant-in-aid, pursuant to which the above said School was admitted to grant-in-aid by orders issued in G.O. Ms. No.321 Education Department, dt.24-7-1986 with effect from 1985. The grievance of the petitioners is that no grant-in-aid was released from 1-3-1986 to 31-3-1987 and therefore they sought a writ of mandamus directing the respondents 1 and 2 to release the funds in respect of the petitioners claim of the salaries for the period from 1-3-1986 to 30-6-1987.

(2.) In the counter-affidavit filed by the Assistant Secretary to the Government, the material facts are not disputed. However, in the additional counter-affidavit filed by the Deputy Secretary to the Government on 21-10-1995, it is submitted that the Legislature of the State of Andhra Pradesh passed the Andhra Pradesh Private Educational Institutions Grant-in-Aid (Regulation) Act, 1988 (for short 'the Act') which was given retrospective effect from 22-7-1985. The validity of that Act was upheld by a Division Bench of this CourtbyaJudgment inW.A.No.1961/88 and batch-dated 19-11-1988. Pursuant to Section 3 of the said Act, the committee recommended the case of the said C.B.M. High School along with other schools and the school was admitted to grant-in-aid with effect from 1-11-1989 by orders issued in G.O.Ms. No.326 dated 17-10-1989. It is further submitted that by virtue of Section 2 of the said Act no educational institution which was admitted to grant-in-aid pursuant to the orders in G.O.Ms. No.326 dated 17-10-1989 shall be entitled to arrears of grant-in-aid for the period from 1-9-1985 to31-10-1989 and it isadded that with effect from 1-11-1989 the School is being admitted to grant-in-aid.

(3.) Mrs. Jayashree Sarathy, the learned Counsel for the petitioners has vehemently contended that once the School was admitted to grant-in-aid by the Government that right cannot be taken away; that order still stands and has not been cancelled by any subsequent GovernmentOrder;therefore, the petitioners are entitled to the salaries for the period from 1-3-1986 to 30-6-1987.