Andhra pradesh act 014 of 1991 : Andhra Pradesh Educational Service Untrained Teachers (Regulation of Services and Fixation of Pay) Act, 1991

Preamble

Andhra Pradesh Educational Service Untrained Teachers (Regulation of Services and Fixation of Pay) Act, 1991^*

An Act to provide for the Regulation of Fixation of Pay of certain Untrained Graduate Teachers and Matriculate of Automatic Advancement Scheme in the State of Andhra Pradesh and for matters connected therewith or incidental thereto.

Whereas, in G.O.Ms. No. 257, Education Department, dated the 10th February, 1967 Government have, due to paucity of trained graduate teachers in Science and Mathematics permitted the appointment us teachers, the untrained graduate in Science and Mathematics subjects in the Secondary Schools under this Government, the ??? Parishads and aided managements in the Telangana area of the State on minimum basic pay of Rs. 130/- in the scale of pay of Rs. 130-250 with usual allowances ??? to a trained graduate teacher for a period of two years with effect from the date of the said order:

And whereas, in G.O.Ms. No. 2063, Education, dated the 9th October, 1967 the Government further directed that the untrained graduates, untrained intermediates and Matriculates, who were appointed is teachers be eligible to the minimum of the time scale applicable to the not, they hold and not eligible to draw any increments till the acquire the qualification prescribed for the posts.

And whereas, the Andhra Pradesh Administrative Tribunal in its order dated the 15th September, 1977 in Transferred W.P. No. 1361/76 directed that even the untrained graduates in Humanities appointed in the Secondary grade posts in the scale of pay of Rs. 80-150 also should be allowed the minimum of Rs. 130/- in the scale of pay of Rs. 130-250 admissible to trained graduate appointed in B.Ed., (School Assistant) posts contrary to the intention of the Government behind the order issued in G.O.Ms. No. 257, Education Department, dated the 10th February, 1967;

And whereas, in G.O.Ms. No. ??? Finance 2nd Planning (P.W. PRC-I) Department dated the 1st June, 1982, Government have ??? a scheme of advancement in service by the creation of Special Grade posts to teachers who have completed ten years of service in a particular scale of pay and Special ??? promotion posts. Special adhoc promotion ports for teachers who have completed fifteen years of service in a particular scale of pays;

And whereas, it is not the intention of the Government to count the services of the aforesaid untrained teachers working in Secondary Grade Posts for the purpose of extending the Special Grade. Special ??? Promotion, Special adhoc promotion posts under the ??? advancement scheme referred to above is they were allowed the minimus pay in the time scale only ??? a concession;

And whereas, the Andhra Pradesh Administrate Tribunal in ??? Petition Nos. 1733 and 1930 of 1985 dated the 27th December, 1985 have directed the respondents to consider the claim of the ??? and to con for the benefit of automatic advancement scheme on counting their service as untrained teachers contrary to the Intention of the ??? behind the orders issued in G.O.Ms. No. 164, Finance and Planning PW, PRC-1) Department dated the 1st June, 1942;

And whereas, in exercise of the powers conferred by the proviso to clause (5) of article 371-D of the Constitution of India, the Government annulled the orders of the Andhra Pradesh Administrative Tribunal in the R.P. Nos. 1799 and 1930 of 1985 dated the 27th December, 1985 in G.O.Ms. No. 166, Education Ser. II) Department, dated the 24th March, 1985 and G.O.Ms. No. 197, Education (Sec. II) Department, dated the 25th April, 1986;

And whereas, the Supreme Court in W.P. No. 90 of 1977 with SLP(c) No. 2967/77 declared that clause (5) of article 371-D of the Constitution as void;

And whereas, the special Leave Petition No. 13779-85 of 1987 dated the 25th January, 1988 filed by the Government against the orders of the Andhra Pradesh Administrative Tribunal referred to above, was dismissed by the Supreme Court of India as barred by limitation;

And whereas, the scope of what was originally intended to be an incentive to the Science and Mathematics teachers for a period of two years only due to paucity of trained Science and Mathematics teachers in Secondary Schools under Government, Zilla Praja Parishads, and aided managements in Telangana area has been so enormously widened that the Government are forced to (1) pay the minimum of Rs. 130/- admissible to trained graduates even to untrained graduates in subjects other than Science and Mathematics with subsequent increases due to revision of pay scales from time to time and (2) pay the minimum of Rs. 130/- admissible to trained graduates appointed in B.Ed., (School Assistant) posts even to the untrained graduates appointed in Secondary Grade posts with subsequent increases due to revision of pay scales from tine to time and count the service of such untrained graduates working in Secondary Grade Pasts for automatic advancement scheme aforesaid counting their service as service in B.Ed., (School Assistant) posts;

And whereas, the Government have to incur a huge expenditure of more than ten crores of rupees seriously hampering the developmental programmes of the State if these unintended, financial commitments are not effectively stopped;

Be it eanacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty second Year of the Republic of India, as follows:-