IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.25636 of 2002 Between: Adi Andhra Elementrary School, Rep. by its Manager Correspondent Sri Ch. Narendra Palu S/o Ch. Eliah Chinaravaru, Tenali-522 201, Guntur District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep. by its Secretary, Education Department, Secretariat Buildings, Hyderabad. 2 The Regional Joint Director of School Education, Guntur. 3 The District Educational Officer, Guntur. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ, order or direction, more particularly a Writ of Mandamus, declaring that the petitioner is entitled to maintenance grant at 6% on basic i.e., being drawn from year to year the respective due rates declaring the inaction of the respondents as illegal and ultra vires to the Provisions of Articles 14 of the Constitution of India and pass Counsel for the Petitioner:MR.V.S.R.ANJANEYALU Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following: Form-NIC-OGS/WP{SRAVAN} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.25636 of 2002 ORDER: The learned counsel appearing for the petitioner submits that the petitioner-Adi Andhra Elementary School is entitled for maintenance grant at 6% on basic that is being drawn from year to year the respective due dates, and the matter is squarely covered by the judgment of this Court in the case of Recognized Schools Managements Association vs. Govt. of A.P.[1], whereunder Act 11 of 1995 and G.O.Ms.No.320 Education (PS-2) Department dated 16.04.1994 have been declared as unconstitutional, illegal and inoperative and direction was issued to work out the maintenance grant at the rate of 6%. The learned Government Pleader appearing for the respondents submits that as per the orders of the Government in G.O.Ms.No.320, Education (PS-2) Department, dated 16.09.1994, the maintenance grant payable to the aided schools was ﬁxed from 01.04.1978 to 31.03.1986 at 4.5%, from 01.04.1986 to 31.03.1992 at 3% and from 01.04.1994 onwards at 2%, and in so far as the petitioner institution is concerned the maintenance grant payable for the year 1978-79 to 2002-03 amounting Rs.50,380/- was already paid vide proceedings of the District Educational Oﬃcer, Guntur in Rc.No.345/C4/2003, dated 18.11.2003. The learned counsel appearing for the petitioner further submits that the said amount was not paid at 6% and therefore, the petitioner is entitled to maintenance grant at 6%. The learned Government Pleader submits that the Government issued an Ordinance No.9 of 2007 amending Sec.3 of the Act 11 to 95 stating that no arrear claim for maintenance grant shall be allowed beyond the period of three years from the date on which it has become due and all such arrear claims shall be lapsed. If there is any dispute with regard to the amount towards maintenance grant, I am of the opinion that unless the petitioner questions the said Ordinance 9 of 2007, the petitioner is not entitled to claim any further amount. The Writ Petition is, accordingly, dismissed. However, the petitioner is at liberty to question the said Ordinance 9 of 2007. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 19.08.2008 Dsr ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Government of Andhra Pradesh, Rep. by its Secretary, Education Department, Secretariat Buildings, Hyderabad. 2 The Regional Joint Director of School Education, Guntur. 3 The District Educational Officer, Guntur. 4 2. 2CCs to 5. 2CD copies [1] 1997 (3) ALD 40