The Andhra Pradesh Private Aided Educational Institutions Employees (Regulation of Pay) Act, 2005.

THE ANDHRA PRADESH PRIVATE AIDED EDUCATIONAL 
INSTITUTIONS EMPLOYEES (REGULATION OF PAY) ACT, 2005. 
            
 
(ACT NO. 37 OF 2005) 
 
ARRANGEMENT OF SECTIONS 
 
SECTIONS 
1.  Short title and commencement 
2. Definitions 
3. Counting of Service for fixation of Pay, Automatic Advancement Scheme, 
Career Advancement Scheme and Pension 
4. Abatement of claims 
5. Power to remove difficulties 
6. Repeal of Act 9 of 2000 
7. Repeal of Ordinance 3 of 2005 
 
 
  
 
THE ANDHRA PRADESH PRIVATE AIDED EDUCATIONAL INSTITUTIONS 
EMPLOYEES (REGULATION OF PAY) ACT, 2005. 
            
 
(ACT NO. 37 OF 2005) 
           [29th October.2005]  
 
AN ACT TO PROVIDE FOR COUNTING OF AIDED SERVICE OF THE 
TEACHING AND NON-TEACHING EMPLOYEES OF THE PRIVATE 
AIDED EDUCATIONAL INSTITUTIONS IN THE STATE FOR THE 
PURPOSES OF FIXATION OF PAY , AUTOMATIC ADVANCEMENT 
SCHEME, CAREER ADVANCEMENT SCHEME AND PENSION 
AND MATTERS CONNECTED THEREWITH OR INCIDENTAL 
THERETO. 
 
Whereas, Government have admitted certain teaching and non -teaching 
posts in Private Educ ational Institutions to grant -in-aid to improve the 
standards of education and to reduce the burden of the Managements to the 
extent of payment of salaries to the Staff; 
 
And whereas , Government in Memo No. 3866/F2/78 -6, Education, 
dated 10 -1-1980, directed the Director of School Education to take into 
account the increments earned by the employees of Private Aided Educational 
Institutions in the posts prior to the date of admission to  grant-in-aid for the 
purpose of fixation of pay in the aided post subject to the condition that the 
staff are qualified and increments sanctioned are in accordance with the rules 
in force; 
 
And whereas. Government in G.O.Ms. No. 117, Finance and Planning 
(FW.PRC.I) Department, dated 25 -5-1981 have formulated a scheme of 
Advancement in service by the creation of Special Grade Posts to employees 
who have completed ten years of service in a particular scale of pay and 
Special Temporary Promotion Posts/Special  Adhoc Promotion Posts to 
employees who have completed fifteen years of service in particular scale of 
pay and the benefit of the scheme has been extended  inter alia to the teachers 
working under private aided educational institutions in G.O.Ms.No.164, 
Finance and Planning (FW.PRC. I) Department, dated 1-6-1982; 
 
And whereas, Government in G.O.Ms. No. 137, Education Department, 
dated 15-2-1982, created a new Grade for Junior Lecturers in the Pay scale of 
Rs. 1050-1600 on completion of seven years of service; 
 
And whereas, Government in Memo.No.9279/Ser. IV -1/86-4, Education 
dated 6-1-1987 clarified that the service rendered prior to a dmitting a post to 
grant-in-aid does not count for Automatic Advancement Scheme; 
 
And whereas. Government in G.O.(P) No.2. Finance and Planning (FW.  
PRC. I) Department, dated 4 -1-1988 liberalised the Scheme of Advancement 
in service by creating another lev el of Automatic Advancement by creating 
Special Promotion Post II/  Special Adhoc Promotion Post II on completion of 
twenty two years of service in a particular scale of pay and the benefit of the 
said scheme has been extended  inter alia  to the teachers wor king under 
private aided educational institutions in G.O.Ms.No. 347, Finance and 
Planning (FW.PRC.I) Department, dated 17-11-1989: 
 
And whereas, Government, in G.O.Ms. No. 343, Education Department, 
dated 31 -10-1989 inter alia  extended the said Schemes to the Junior 
Lecturers; 
 
And whereas, Government in G.O.Ms. No. 520, Education Department 
dated 15-12-1988 extended the Career Advancement Scheme  inter alia to the 
teachers of the aided colleges; 
 
And whereas, Government in G.O.Ms.No. 169, Education Departme nt, 
dated 7-7-1990. issued guidelines on the Career Advancement Scheme; 
 
And whereas, in G.O.Ms.No. 41, Education, (U.E. II), Department, dated 
11-2-1998, it has been clarified that for the purpose of computing the service 
to the Career Advancement Scheme of 8 years, 16 years, the service rendered 
prior to the admission of the post to grant -in-aid shall not be taken into 
account; 
 
And whereas, Government in G.O.(P) No. 290, Finance and Planning 
(FW.PRC.I) Department, dated 22 -7-1993 modified the automatic 
advancement scheme by creation of Special Grade Scale on completion of 
eight years of service in particular scale of pay and Special Promotion 
Posts/Special Adhoc Promotion Posts on completion of sixteen years of service 
and an employee gets an increment i n the Special Promotion Post Scale or 
Special Adhoc Promotion Scale on completion of twenty four years of service 
and the said modified scheme has been extended to the teachers and Junior 
Lecturers, in G.O.(P)No.311, Finance and Planning (FW.PC. II) Depart ment, 
dated 20 -8-1993 and G.O.Ms.No.382, Finance and Planning (FW.PC.II) 
Department, dated 16 -11-1993 respectively. The Automatic Advancement 
Scheme was continued in the Revised Pay Scales of 1999 in G.O.(P) No. 150, 
Finance and Planning (FW.PC. II) Department, dated 1-9-1999; 
 
And whereas, the said schemes are formulated for the employees 
serving and drawing the pay from out of the State Fund; 
 
And whereas, application of the said Schemes to the employees of the 
private aided educational institutions shall  have to be made from the date of 
the admission of the posts to grant-in-aid; 
 
And whereas, the service rendered by the employee of the private 
educational institution prior to the date of admission into grant -in-aid was 
also taken into consideration for t he purpose of Automatic Advancement 
Scheme, Career Advancement Scheme and Pension by an unintended 
interpretation of the clarification issued in Memo.No.3866/F2/78 -6, 
Education, dated 10-1-1980, which was issued with the intention of fixation of 
a pay only while admitting the posts into grant-in-aid; 
 
And whereas, in view of the gross misuse of the said instructions, orders 
were issued in G.O.Ms.No. 341, Education (PS.I) Department, dated 24 -10-
1997 cancelling the instructions issued in Memo.No. 3866/ F2/78 -6, 
Education Department, dated 10-1-1980. 
 
And whereas, Government have to incur a huge expenditure of more 
than thirty three crores of rupees adversely hampering the developmental 
programmes of the State if this unintended financial commitment and 
misapplied expenditure is not effectively stopped; 
 
And whereas, the Andhra Pradesh Private Aided Educational Staff 
(Regulation of Pay) Act, 2000 was enacted for counting the service rendered in 
an aided Post for the purpose of fixation of pay, Automatic Advancement 
Scheme, Career Advancement Scheme and Pension and the said Act was given 
retrospective effect with effect from 10-1-1980; 
 
And whereas. Government subsequently decided to implement the sa id 
Act with prospective effect and accordingly, the Andhra Pradesh Private Aided 
Educational Staff (Regulation of Pay) (Amendment) Act. 2002 was enacted; 
 
And whereas, the Full Bench of the Andhra Pradesh High Court in W.P. 
Nos. 1938 of 2000 and batch date d 26 -7-2001 held that the benefit of 
Automatic Advancement Scheme. Career Advancement Scheme and Pension 
may be granted to all teachers irrespective of the above Act; 
 
And whereas, the Pay revision Commission, 1999 observed that there is 
no justification to include the service rendered in un -aided institutions which 
are subsequently brought under grant -in-aid, for the purpose of pensionary 
benefits as such inclusion woul d amount to taking into consideration the 
service not covered by the Pension Rules and it would also amount to giving 
retrospective effect to the admission to grant -in-aid which is never 
contemplated by the Government; 
 
And whereas, if the unaided service rendered by the teaching and non -
teaching staff of the Private Aided Educational Institution is taken into 
consideration for the purpose of fixation of pay, Automatic Advancement 
Scheme, Career Advancement Scheme and Pension it involves very huge 
financial implication to state exchequer; 
  
And whereas, Government reviewed the matter and decided to count the 
aided service only for the purpose of fixation of pay, Automatic Advancement 
Scheme, Career Advancement Scheme and Pension. 
 
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh 
in the Fifty sixth Year of the Republic of India as follows:- 
 
1. Short title and commencement  - (1) This Act may be called the Andhra 
Pradesh Private Aided Educational Institutions Employees (Regulation of Pay) 
Act, 2005. 
 
(2) It shall be deemed to have come into force on the 10th January, 1980. 
2. Definitions - In this Act unless the context otherwise requires,- 
 
(1) "Aided post" means a post in a Private Educational Institution admitted 
to grant-in-aid. 
(2) "Automatic Advancement Scheme"  means higher scales granted to 
employees after completion of specified period of service in a post. 
(3) "Career Advancement Scheme"  means higher scale granted to a lecturer 
working in a college after completion of specif ied period of service in the 
post. 
(4) "Government" means State Government of Andhra Pradesh. 
(5) "Grant-in-aid" means any sum of money paid as aid out of state Funds 
to any post in a Private Educational Institution. 
(6) "Private Aided Educational Institution" means a School or College 
established and administered or maintained by any Body of persons and 
recognized as Educational Institution by the Government and receiving 
grant-in-aid. 
(7) "Unaided Service"  means service rendered by an employee of Private 
Educational Institution in a post prior to date of admission to grant -in-
aid. 
 
3. Counting of Service for fixation of Pay, Automatic Advancement 
Scheme, Career Advancement Scheme and Pension - Notwithstanding 
anything contained in any order of the G overnment or any Judgment of any 
Court or Tribunal, every employee of a Private Aided Educational Institution, 
shall, from the date of approval of his appointment in an aided post, be eligible 
to count the service rendered after such date of approval, for fixation of pay in 
the said post and Automatic Advancement Scheme, Career Advancement 
Scheme. Pension made applicable or extended to such employee from time to 
time. 
 
4. Abatement of claims. - Notwithstanding anything contained in any order of 
the Government or any judgment of any court or Tribunal, the claims of 
employees of the Private Aided Educational institutions for counting the service 
rendered, or as the case may be, the increments drawn, in the post prior to the 
date of approval of their appointment in a post to grant-in-aid, for the purposes 
of fixation of pay in the Aided Post, reckoning for Automatic Advancement 
Scheme, Career Advancement Scheme and Pension shall stand extinguished 
from the date of commencement of this Act and accordingly,- 
 
(1) The orders issued by the Government directing to take into account the 
increments earned by an employee of Private Aided Educational 
Institution prior to the date of admission of post to grant -in-aid for the 
purpose of fixation of pay in the aided post shall stand cancelled: 
 
Provided that any amount paid as per the orders now cancelled shall not 
be recovered. 
 
(2) No suit or other proceedings shall be maintained or continued in any 
court against the Government or any person or an authority whatsoever 
by any employee of Private Aided Educational Institution claiming for 
extending the benefit of unaided service rendered in a post for the 
purposes of fixation of pay in the Aided Post, reckoning for Automatic 
Advancement Scheme, Career Advancement Scheme or pension, 
 
(3) No Court shall enforce any decree or order directing to count the service 
rendered by any employee of Private Aided Educational Institutions in any 
post prior to the date of admission to grant -in-aid for the purpose of 
fixation o f pay in the aided post, reckoning for Automatic Advancement 
Scheme, Career Advancement Scheme and Pension. 
 
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 Act 9 of 2000.  - The Andhra Pradesh Private Aided Educational 
Staff (Regulation of Pay) Act, 2000 is hereby repealed. 
 
7. Repeal of Ordinance 3 of 2005.  - The Andhra Pradesh Private Aided 
Educational Institutions Employees (Regulation of Pay) Ordinance, 2005 is 
hereby repealed. 

‹ Prev All Andhra Pradesh acts Next ›