The Andhra Pradesh Educational Service (Regulation of Pay Fixation of Principals and Lecturers) Act, 1990.

THE ANDHRA PRADESH EDUCATIONAL SERVICE (REGULATION OF PAY
FIXATION OF PRINCIPALS AND LECTURERS) ACT, 1990
(ACT No 10 of 1990)
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title and Commencement
2. Declaration of Principals and lecturers in Sanskrit Colleges as a distinct
class
 3 Abatement of Claims
THE ANDHRA PRADESH EDUCATIONAL SERVICE (REGULATION OF PAY
FIXATION OF PRINCIPALS AND LECTURERS) ACT, 1990
(ACT No 10 of 1990)
[14th May, 1990]
AN ACT TO PROVIDE FOR THE REGULATION OF PAY FIXATION OF
LECTURERS IN THE ANDHRA PRADESH EDUCATIONAL SERVICE IN
ORDER TO AVOID UNTENABLE CLAIMS.
Whereas, the post of Principal in M.R. Government Sanskrit College,
Vizianagaram has been included in Category-I of Class-I of the Andhra Pradesh
Educational Subordinate Service along with the Assistant Lecturers of Arts,
Engineering and Medical Colleges;
And whereas, Sri P.B.S. Appalacharyulu who held the post of Principal in
M.R. Government Sanskrit college, Vizianagaram and who was subsequently
transferred as Assistant Lecturer in Sanskrit Government Arts College,
Rajahmundry was allowed the University Grants Commission scale of pay of
Rs.700-1100 with effect from the said post on that date and in accordance with
the orders of the Hon'ble High Court of Andhra Pradesh in W.P.No. 4357 of
1971;
 And whereas, the other Assistant Lecturers in Sanskrit who are seniors
to Sri Appalacharyulu were also allowed the scale of pay of Rs.700-1100 on
grounds of equity and on the ground that they too are eligible to be appointed
as Principal, M.R. Government College, Vizianagaram;
And whereas, the lecturers teaching subjects other than Sanskrit also
filed Representation petitions before the Andhra Pradesh Administrative
Tribunal claiming parity in scale of pay with Sri Appalacharyulu, though they
are not lecturers in Sanskrit and consequently ineligible to be appointed as
Principal, M.R. Government Sanskrit College, Vizianagaram to which post Sri
Appalacharyulu was originally appointed and consequently got the scale of pay
of Rs. 700-1100;
And whereas the contention of the Government that the Lecturers in
subjects other than Sanskrit are not entitled to the scale of pay of Rs.700-1100
on par with Sri Appalacharyulu was rejected by the Andhra Pradesh
Administrative Tribunal on the ground that all Lecturers belong to the same
category in the Andhra Pradesh Educational Service Rules;
 And whereas, the Lecturers in subjects other than Sanskrit are not
eligible to be appointed as Principal of M.R. Government Sanskrit College,
Vizianagaram to which Sri Appalacharyulu was appointed and allowed the
scale of pay of Rs.700-1100 and the mere fact that all lecturers are in the same
category in the Andhra Pradesh Educational Service Rules has given rise to the
untenable claim of lecturers in other subjects for parity with the scale of pay
allowed to Sri Appalacharyulu;
And whereas, acceding to such untenable claims by lecturers other than
those teaching Sanskrit would result in an enormous drain on the State
Finance to the tune of more than thirteen crores of rupees, thus seriously
affecting the developmental programmes of the State;
 And whereas the Government have constituted the Principal of
Government Oriental Colleges including M.R. Government Sanskrit College,
Vizianagaram and lecturers in Sanskrit in Government Degree Colleges and
Oriental Colleges as a distinct class by an amendment to the Special rules in
the Andhra Pradesh Educational Service by an amendment issued in
G.O.Ms.No.340, Education (HE. 1) Department dated the 27th October, 1989
with retrospective effect from the 1st April, 1966;
 And whereas, in view of the aforesaid amendment, the lecturers in
Degree Colleges teaching subjects other than Sanskrit cannot have common
seniority with lecturers teaching Sanskrit language and cannot consequently
claim parity of scale of pay with Sri Appalacharyulu on the ground that they
are seniors to him;
And whereas, several lecturers teaching subjects other than Sanskrit
have approached the Hon'ble Andhra Pradesh Administrative Tribunal and are
pressing their claims;
 Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Forty first year of the Republic of India as follows:-
1. Short title and Commencement- (1) This Act may be called the Andhra
Pradesh Educational Service (Regulation of Pay Fixation of Principals and
Lecturers) Act, 1990.
(2) It shall be deemed to have come into force on the 1st  April, 1966.
2. Declaration of Principals and lecturers in Sanskrit Colleges as a distinct
class- Notwithstanding anything contained in any Rule or order of the
Government or any judgment of any court, Tribunal or other authority, the
Principals of Government Oriental Colleges including the M.R. Government
Sanskrit College, Vizianagaram and the Lecturers in Sanskrit in Government
Degree Colleges and Oriental Colleges shall form a distinct class by themselves
and no Principal or Lecturer teaching any subject other than Sanskrit in any
College shall be entitled to claim common seniority with the Lecturers in
Sanskrit or pay fixation on par with the Principals of Oriental Colleges and
lecturers aforesaid merely on the ground that before the issue of amendments
to the Andhra Pradesh Educational Service in G.O.Ms.No.340, Education (HE.
1) Department dated the 27th October, 1989 they were seniors to the said
Principals of Oriental Colleges and lecturers in Sanskrit.
 3. Abatement of Claims- Notwithstanding any Government order, any
judgment, decree or order of any Court, Tribunal, or other authority, the claims
of all lecturers, under the Andhra Pradesh Educational Service teaching any
subject other than Sanskrit claiming parity of scale of pay with Sri P.B.S.
Appalacharyulu shall stand extinguished from the date of commencement of
this Act and accordingly,-
(a) all orders issued by the Government or any other authority ordering
fixation of pay to any lecturer other than lecturer teaching Sanskrit, on
par with Sri. P.B.S. Appalacharyulu shall stand cancelled;
 (b) no suit or other proceeding shall be maintained or continued in any
Court, Tribunal or other authority against the Government or any person
or other authority whatsoever for fixation of pay on par with Sri P.B.S.
Appalacharyulu;
 (c) no court shall enforce any decree or order directing the pay fixation
on par with Sri P.B.S. Appalacharyulu to the lecturers teaching subjects
other than Sanskrit; and
 (d) any amount paid under an order which is rendered un-enforceable
by this Act shall be recovered in such manner and in such number of
installments as the Commissioner for Collegiate Education may, by
order, direct.

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