D SESHAGIRI RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Five retired Principals, through this writ petition under Article 226 of the Constitution of India, seek issuance of a writ of Mandamus, directing the respondents to implement the judgment passed by Andhra Pradesh Administrative Tribunal, Hyderabad, in R.P.No.3558/89, dated 10-4-1989, by fixing their pay in the scale of Rs. 700-1100 with effect from 1-4-1996 as also to pay arrears.

(2.) The petitioners were initially appointed as Lecturers in Category I Class IV of Andhra Pradesh Education Subordinate Service Rules (for short 'APESS Rules') and later were promoted to the post of Lecturers in Category II of Class IV of Andhra Pradesh Educational Services (for short, 'APES')- They sought fixation of their pay in the scale of Rs. 700- 1100 with effect from 1-4-1996 on the ground that the Lecturers who were junior to them were granted pay in the scale of Rs. 700 -1100 with effect from the said date. The Andhra Pradesh Administrative Tribunal, consolidated R.P.No. 1178/87 with R.P. No. 1984/86 and batch and disposed of the same on 14-7-1988 by directing the respondents to review the cases of the petitioners in the light of the judgment passed by it in R.P. No. 1682/80, within a period of one month from the date of the order. The Government of Andhra Pradesh did not take any decision and, therefore, the petitioners preferred R.P. No. 3558/89 before the Andhra Pradesh Administrative Tribunal (for short 'APAT'), seeking the relief of fixation of their pay in the scale of Rs. 700 -1100 with effect from 1-4-1966 on the same ground that the pay of their juniors had been fixed in that scale and also requested for payment of arrears. On 10-4-1989, APAT allowed the said R.P., as prayed for, and directed the respondents to implement the orders passed in R.P. No. 1178/87 with in a period of six weeks from the date of receipt of the order. This order has also not been implemented in spite of representations and, therefore, the petitioners request for a direction to the respondents to implement the judgment passed by APAT in R.P. No.3558/89, dated 10-4-1989 by fixing their pay in the scale of Rs. 700 - 1100 with effect from 1-4-1966 and to pay arrears to them.

(3.) The relevant portion of the interim direction passed in W.P.M.P. No. 13863/89 reads as under :