- (1.) This is an appeal by the State of Andhra Pradesh against the judgment of the Division Bench of the High Court of Andhra Pradesh in Writ Appeal No. 1745 of 1995 dated 6-8-1996 affirmed the judgment of the learned single Judge of that Court in Writ Petition 15879/90 dated 27-7-1995.
(2.) The following are the facts : The respondent-school was admitted to grant-in-aid in GO. 347 (Ed.) dated 1-8-86 w.e.f. 1-9-85 to 29-2-86 under A. P. Act I/82. On the ground that there were some complaints against various schools, Government appoitned a Committee on 24-2-88 under GO. 220 and this was made a statutory Committee by Andhra Pradesh Act 22/88. The Committee cleared the respondent-School but still the arrears for the period 1-9-85 to 31-10-89 for the Head Mistress and from 1-3-86 to 31-10-89 for the staff were not paid. Hence, the present writ petition was filed. After the Writ petition was filed, GO 138 (Ed.) dated 25-4-94 was issued refusing to pay these arrears.
(3.) The learned Single Judge allowed the Writ Petition holding that the respondent-school was entitled to payment of 'arrears' of grant-in-aid and quashed G. O. No. 138 dated 25-4-94. Then the State came forward with a legislation, - after the said judgment, - by way of Andhra Pradesh Act 34/95 (published in the Gazette on 20-9-95) with retrospective effect from 17-10-89 which permitted denial of 'arrears' of grant-in-aid whenever such arrears were claimed under "any judgment, decree or order of Court or other authority or any order issued by Government'. In the Writ Appeal, the State relied upon the said legislation to get over the judgment dated 27-7-95 of the learned Single Judge directing arrears of grant-in-aid to be paid but the Division Bench held that the legislature could not set aside the judgment of the High Court by Act 34/95. The judgment was confirmed and the Writ Appeal was dismissed. It is against the said judgment that this appeal is preferred by the State. During the pendency of this appeal stay of the High Court's order was refused.;