The Andhra Pradesh Language Pandits Grade-II (Regulation of Scale of Pay) Act, 2004.

THE ANDHRA PRADESH LANGUAGE PANDITS GRADE-II (REGULATION OF
SCALE OF PAY) ACT, 2004
ACT No. 1 OF 2005
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title and commencement
2. Definitions
3. Regulation of pay of Language Pandits Grade II
4. Abatement of claims
5. Power to remove difficulties
6. Repeal of Ordinance 5 of 2004
THE ANDHRA PRADESH LANGUAGE PANDITS GRADE-II (REGULATION OF
SCALE OF PAY) ACT, 2004
ACT No. 1 OF 2005
[11th January, 2005]
AN ACT TO PROVIDE FOR REGULATION OF THE SCALE OF PAY OF
LANGUAGE PANDITS GRADE-II IN THE DEPARTMENT OF SCHOOL
EDUCATION IRRESPECTIVE OF THE POSSESSION OR ACQUISITION
OF QUALIFICATIONS PRESCRIBED TO THE POST OF LANGUAGE
PANDITS GRADE-I BY THEM.
Whereas, the Government of Andhra Pradesh issued orders in
G.O.Ms.No.330, Education, dated 10-8-1983 allowing Grade-I Scale of pay to
all the Grade-II Language Pandits who are working in High Schools and Upper
Primary Schools belonging to Government, Local Bodies and Private
Management’s and who possess requisite qualifications prescribed for the post
of Grade-I Language Pandits as on 11-3-1982 on the ground that there is
stagnation in promotions;
And whereas, certain Language Pandits Grade-II who were appointed
after 11-3-1982 possessing Grade-I qualifications and those who were
appointed prior to 11-3-1982 and acquired Grade-I qualifications after
11-3-1982 challenged the cut off date in the Hon’ble Andhra Pradesh
Administrative Tribunal and the Tribunal in its judgment dated 17-8-1989 in
R.P.No.2158 of 1986 has allowed the Representation Petition and struck down
the cut off date;
And whereas, the Division Bench of the Hon’ble Andhra Pradesh
Administrative Tribunal in its judgment in several other O.A.No. 49150 of 1991
dt.28-2-1994, O.A.Nos.82955 of 1990, 3406 and 3407 of 1994 dt.5-12-1994,
OA Nos. 59969 and 970 of 1990, dt.16-1-1995 observed that the above cut off
date is uniformly applicable to all persons and such a classification was made
for a class of employees and held that the prescription of the cut off date is not
arbitrary or illegal and dismissed the O.As;
And whereas, the Government in G.O.Ms.No.164, Finance and Planning
(F.W.PRC-I) Department, dated the 1st June, 1982 have formulated a scheme of
ten years and fifteen years allowing certain financial benefits to all the category
of teachers and thus the Language Pandits Grade-II who acquired Grade-I
qualification after cut off date were allowed Grade-I scale on crossing fifteen
years of service under Automatic Advancement Scheme applicable to all the
teachers including the Language Pandits and thereby they were allowed
financial benefits step by step after completion of ten years and fifteen years of
service and allowed the next promotion post scale of pay and hence, there is no
stagnation and the teachers are getting financial benefits on the basis of
service put in by them and hence there is no necessity and justification to
allow higher scale of pay to certain category of teachers merely on the basis of
acquiring higher qualification;
And whereas, by introduction of the Automatic Advancement Scheme,
the Language Pandits Grade-II are also getting financial benefits on par with
other Government employees and that no other category of Government
employees in the State are getting higher scales merely on the basis of
acquiring higher qualifications and hence there is no justification to give this
benefit only to Language Pandits Grade-II;
And whereas, the Language Pandits Grade-II will get double benefit, if
the G.O. Ms. No.330, Education, dated the 10th August, 1983 is not revoked
which causes huge financial burden on the State Exchequer running into
crores of rupees;
And whereas, the Government has taken a decision and cancelled the
G.O.Ms.No.330, Education, dated the 10th August, 1983 in their orders in
G.O.Ms. No.176, Education, dated 22ndDecember, 2000;
And whereas, the Hon’ble Andhra Pradesh Administrative Tribunal in
several OA No.377 of 2001 and batch dated 13-6-2002 upheld the G.O.Ms.No.
176, Education, dated the 22nd December, 2000 cancelling the G.O.Ms.No.330,
Education, dated 10th August, 1983 and declared the cut off date the 11th
March, 1982 valid one;
And whereas, the Hon’ble High Court of Andhra Pradesh in
W.P.No.26260 of 2000 and batch dt 12-9-2003 found that the orders of the
Andhra Pradesh Administrative Tribunal in upholding the G.O.Ms.No.176,
Education, dated the 22nd December, 2000 is erroneous and contrary to law
and accordingly set aside the same and dismissed the Writ Petition No.20605
of 2001 and batch filed by the Government challenging the orders of the
Andhra Pradesh Administrative Tribunal in RP.No.2158 of 1986, dt.17-8-1989;
And whereas, the Hon’ble Supreme Court of India in its order dated 27th
July, 2004 dismissed the SLP Nos.5869-5998 of 2004 filed by the Government
against the orders of the Hon’ble High Court of Andhra Pradesh in
W.P.No.26260 of 2000, dated 12th September, 2003;
And whereas, for implementation of the G.O.Ms.No.330, Education,
dated the 10th August, 1983 at this length of time, huge financial commitment
of rupees three hundred and ninety four crores has to be borne by the
Government for payment of arrears to about 56,750 Grade-II Language Pandits
and there will be a recurring expenditure of rupees Sixty three crores on this
account every year;
And whereas, if the benefit is given to this category of employees there is
every chance that another category of employees in the School Education
Department and other Government Departments may claim the same benefit
which will be imposing recurring extra financial burden on the Government;
And whereas, it is an established fact that payment of scales pertaining
to a higher category of posts to holders of lower category posts merely on the
basis of possessing the educational qualifications runs contrary to all norms of
administration and makes a mockery of the entire process of selections based
on higher qualifications for a higher posts and if this logic were to be conceded,
it is possible that lakhs of employees in Government service with higher
qualifications working in lower posts may approach the court of law and ask
for scales applicable to the higher posts;
And whereas, there is neither any fundamental right nor any equity in
such a measure which amounts to granting double benefit by virtue of
implementation of automatic advancement scheme and the scarce public
resources among competing sections of the society will have to be allocated
with a great deal of caution, equity and accountability to the public and
society;
And whereas, it has been decided to give effect to the constitutional
mandate by regulation of the scales of pay of the Language Pandits Grade-II
working in the High Schools and Upper Primary Schools belonging to
Government, Local Bodies and Private Managements, as it is very clear that the
intendment of Government at the time of issuing G.O. Ms. No.330, Education,
dated 10-8-1983 was only for a limited number of Language Pandits who
stagnated for a certain period of time and it is certainly not the intention of the
Government that for generations to come such a benefit should be given.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Fifty-fifth year of the Republic of India as follows:-
1. Short title and commencement - (1) This Act may be called the Andhra
Pradesh Language Pandits Grade-II (Regulation of Scale of Pay) Act, 2004.
(2) It shall be deemed to have come into force on the 10th August, 1983.
2. Definitions - In this Act unless the context otherwise requires,-
(1) "Government" means the State Government of Andhra Pradesh.
(2) "Language Pandits Grade-II" means the Language Pandits Grade-II
working in High Schools and Upper Primary Schools belonging to Government,
Local Bodies (Municipalities,1[Zilla Parishads] and Mandal Praja Parishads)
and Private Management Schools.
3. Regulation of pay of Language Pandits Grade II - Notwithstanding
anything contained in any order of the Government or any Judgment of any
Court or Tribunal, the Language Pandits Grade-II shall draw the Scale of Pay
attached to the said post even if they possessed or later acquired the
qualifications prescribed for the post of Language Pandits Grade-I.
4. Abatement of claims - Notwithstanding any Government Order, Judgment,
decree or order of any Court or Tribunal, the claims of Language Pandits
Grade-II for allowing the pay scale of Language Pandits Grade-I shall stand
extinguished from the date of commencement of this Act and accordingly,-
(1) The orders issued by the Government allowing to the Language
Pandits Grade-II the Scale of Pay attached to Grade-I Post for possessing
requisite qualification prescribed for the post of Language Pandits Grade-I shall
stand cancelled.
(2) No suit or other proceedings shall be instituted, maintained or
continued in any Court, Tribunal or other Authority by the Language Pandits
Grade-II against the Government or any person or Authority whatsoever for
fixation of pay in the scale of Language Pandits Grade-I.
(3) No Court shall enforce any decree or order directing the grant of
Language Pandits Grade-I scale to Language Pandits Grade-II.
5. Power to remove difficulties - (1) If any difficulty arises in giving effect to
the provisions of this Act, the Government may make such order not
inconsistent with the provisions of this Act as may appear to them to be
necessary or expedient for the purpose of removing the difficulty.
(2) Every order made under this section shall, as soon as may be after it
is made, be laid before the Legislative Assembly of the State.
6. Repeal of Ordinance 5 of 2004 - The Andhra Pradesh Language Pandits
Grade-II (Regulation of Scale of Pay) Ordinance, 2004 is hereby repealed.
1. Reference to the words “Zilla Parishads” shall be construed as “Zilla Praja Parishads” by the
Act No.41 of 2006, S.3.

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