P TULSI DAS Vs. GOVERNMENT OF ANDHRA PRADESH
LAWS(SC)-2002-10-97
SUPREME COURT OF INDIA
Decided on
October 24,2002
P.TULSI DAS
Appellant
VERSUS
GOVERNMENT OF A.P
Respondents
Referred Judgements :-
STATE OF GUJARAT MATHURADAS MOHAN LAL KEDIA VS. RAMAN LAL KESHAV LAL SONI:SH S D MUNSHAW [REFERRED TO]K C ARORA EX CAPT A S PARMAR VS. STATE OF HARYANA [REFERRED TO]
CHAIRMAN RAILWAY BOARD VS. C R RANGADHAMAIAH [REFERRED TO]
Cited Judgements :-
STATE LANGUAGE TEACHERS ASSOCIATION HYDERABAD VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2010-4-116] [REFERRED TO]SHIV SATYA NARAYAN (KUMAR) VS. STATE OF J&K & ORS. [LAWS(J&K)-2013-2-30] [REFERRED]
NIRANJAN SHANTILAL BHATT VS. STATE OF GUJARAT [LAWS(GJH)-2010-7-556] [REFERRED TO]
CHANDRASHEKHAR M. GHULE PATIL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-5-101] [REFERRED TO]
ROSE VS. STATE OF KERALA [LAWS(KER)-2003-11-13] [REFERRED TO]
ASSOCIATED CEMENT COMPANY LIMITED VS. STATE OF BIHAR [LAWS(PAT)-2007-6-4] [REFERRED]
RAM RATAN CHOUHAN & ETC VS. STATE OF RAJASTHAN [LAWS(RAJ)-2006-11-97] [REFERRED]
KANHAIYA SINGH VS. STATE OF BIHAR [LAWS(PAT)-2018-5-105] [REFERRED TO]
A P DAIRY DEVELOPMENT CORPORATION VS. B NARASIMHA REDDY [LAWS(SC)-2011-9-64] [REFERRED TO]
P M MARI VS. STATE OF TAMIL NADU [LAWS(MAD)-2007-1-150] [REFERRED TO]
GOVERNMENT OF ANDHRA PRADESH AGRICULTURE and CO OPERATION DEPARTMENT HYDERABAD VS. ANDHRA PRADESH STATE CO OPERATIVE SOCIETIES SECREATARIES and EMPLOYEES UNION [LAWS(APH)-2004-1-73] [REFERRED TO]
KANHAIYA SINGH NETAM VS. MADHYA PRADESH RAJYA VAN VIKAS NIGAM LTD [LAWS(CHH)-2010-3-42] [REFERRED TO]
BIJAY KUMAR SHARMA VS. RANCHI UNIVERSITY, RANCHI [LAWS(JHAR)-2003-7-146] [REFERRED TO]
HANUMAN PRASAD LATA VS. STATE OF RAJASTHAN AND OTHERS [LAWS(RAJ)-2003-5-118] [REFERRED TO]
IMRAN HUSSAIN VS. UNION OF INDIA [LAWS(ALL)-2007-4-103] [REFERRED TO]
JAGDISH KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2021-8-41] [REFERRED TO]
STATE OF KERALA VS. KRISHNAKUMAR T G [LAWS(KER)-2009-6-23] [REFERRED TO]
UNIVERSITY OF PUNE VS. MAHADEO SAHEBRAO JADHAV [LAWS(BOM)-2006-6-30] [REFERRED TO]
GANGIKUNTAL SRIDHAR AND OTHERS VS. THE STATE OF ANDHRA PRADESH [LAWS(APH)-2016-11-8] [REFERRED TO]
YESHWANT KUMAR RAWAT VS. STATE OF CHHATTISGARH [LAWS(CHH)-2010-1-26] [REFERRED TO]
DISTRICT INSPECTOR OF SCHOOLS VS. ABHIJIT BAIDYA [LAWS(CAL)-2013-7-57] [REFERRED TO]
MAHADEO SAHEBRAO JADHAV VS. UNIVERSITY OF PUNE [LAWS(BOM)-2003-10-76] [REFERRED TO]
GURRAM SATYASESHAAMBA VS. GURRAM KRISHNAVENAMMA [LAWS(APH)-2004-6-62] [REFERRED TO]
DR. GURCHARAN SINGH AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2016-11-51] [REFERRED TO]
RAMCHANDRA KURUP VS. STATE OF CG [LAWS(CHH)-2009-11-25] [REFERRED TO]
ASHISH KUMAR JHA VS. STATE OF C.G [LAWS(CHH)-2009-3-30] [REFERRED TO]
GAJANAN SAHAKARI SAKHAR KARKHANA LTD VS. YASHSREE ENGINEERING WORKS [LAWS(BOM)-2017-2-91] [REFERRED TO]
STATE OF J & K VS. MADAN GOPAL [LAWS(J&K)-2013-4-21] [REFERRED TO]
ARUNACHAL PRADESH PUBLIC SERVICE COMMISSION VS. TOMSANG PERTIN [LAWS(GAU)-2014-5-73] [REFERRED TO]
GOVERNMENT OF NCT OF DELHI VS. VIJAY KUMARI [LAWS(DLH)-2006-2-72] [REFERRED TO]
UNION OF INDIA & ORS VS. CLW LABOUR UNION & ANR [LAWS(CAL)-2019-3-150] [REFERRED TO]
S. PARAMESWARAN VS. STATE OF KERALA AND ORS. [LAWS(KER)-2004-5-41] [REFERRED TO]
ASHOK KUMAR SON OF SHRI ISHWAR PRASAD VS. STATE OF BIHAR THROUGH THE SECRETARY, LAW DEPARTMENT, MAIN SECRETARIAT [LAWS(PAT)-2009-10-33] [REFERRED TO]
KARAN SINGH YADAV VS. UNION OF INDIA (UOI) AND ORS. [LAWS(DLH)-2010-9-446] [REFERRED TO]
RAJESH CHANDER SOOD VS. STATE OF H.P. [LAWS(HPH)-2013-12-20] [REFERRED TO]
SANJAY VISHWAKARMA @ SANJAY KUMAR VS. STATE OF JHARKHAND [LAWS(JHAR)-2007-12-13] [REFERRED TO]
IFTEKHARULLAH BAIG VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-9-148] [REFERRED TO]
MADAN MOHAN YADAV VS. STATE OF CHHATTISGARH [LAWS(CHH)-2009-4-18] [REFERRED TO]
JOHNY JOSEPH VS. STATE OF KERALA [LAWS(KER)-2007-8-93] [REFERRED TO]
P N PREMACHANDRAN VS. STATE OF KERALA [LAWS(KER)-2010-8-323] [REFERRED TO]
KHARAMJAM OJIT SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2021-11-4] [REFERRED TO]
VIDIK SEVA KARMIK SANGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2011-3-24] [REFERRED TO]
P CHANDRA SEKHAR NAIDU VS. CORRESPONDENT SSRSO UPPER PRIMARY SCHOOL SRIKALAHASTHI [LAWS(APH)-2003-9-17] [REFERRED TO]
YASHWANT GWAL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2010-4-4] [REFERRED TO]
ALLAHABAD BANK DRIVERS ASSOCIATION VS. UNION OF INDIA [LAWS(CAL)-2009-2-71] [REFERRED TO]
L.P.TIWARI VS. STATE OF C.G.&OTHERS [LAWS(CHH)-2017-8-10] [REFERRED TO]
SECRETARY TO GOVT. OF KERALA, IRRIGATION DEPARTMENT VS. JAMES VARGHESE [LAWS(SC)-2022-5-10] [REFERRED TO]
JUDGEMENT
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(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.
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.
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