(1.)C. A. Nos. 2652-54, 2655, 4680, 5318-19 of 1995 and 6963-6974, 7023 and 6975-7022 of 2002.
Leave granted in special leave petitions (C) Nos. 3699-3710, 7808 and 21533-21580 of 1995.
(2.)The above appeals have been filed against the common order of the Larger Bench of the Andhra Pradesh Administrative Tribunal at Hyderabad dated 27th April, 1994 in O.A. Nos. 50430-50441 of 1991 etc., whereunder by a majority, with the dissenting opinion recorded by the Chairman, the challenge to the constitutional validity of Sections 2 and 3 of the Andhra Pradesh Educational Service Untrained Teachers (Regulation of Services and Fixation of Pay) Act, 1991 (Act No. 14 of 1991) (hereinafter referred to as 'the Act') came to be rejected.
(3.)The facts which lead to the passing of the said enactment, resulting in the order under challenge may briefly be stated for a proper appreciation of the contentions of the parties on either side. After the formation of the State of Andhra Pradesh the State Government framed a composite set of rules called Andhra Pradesh Educational Rules, 1966 in exercise of the executive powers available for the State. The Schools in the State for the purpose of those Rules were classified into three categories: Elementary Schools for classes 1st to 5th; Upper-Primary Schools for classes 6th and 7th and Secondary Schools for classes 8th, 9th and 10th. In several schools there were combined classes from elementary stage to secondary stage also, though in some schools classes up to upper-primary alone were conducted. For SSLC trained teachers (in short SGBT Teacher) the scale of pay at the time of introduction of 1966 Rules was Rs. 80-150. In the Telangana area earlier the scales were lower and classification was also said to be different. The scale of pay for a Graduate B. Ed. known as School Assistant was Rs. 130-250. In addition to the other academic qualification, the teachers' training certificate or B.Ed. degree, was also an eligibility criteria for appointment as SGBT teacher or School Assistant, as the case may be, respectively.