IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF OCTOBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE BILAL NAZKI and THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 1516 of 2004 Between: A.P.United Teachers Federation, Regd. No.109/74, Domalaguda, Hyderabad rep., by its President K. Jojayya. ..... PETITIONER AND 1.The Government of Andhra Pradesh, Finance and Planning [Fin.Wing-EBS-Rev]Department, rep., by its Secretary, Secretariat, Hyderabad. 2.The Commissioner of Commercial Taxes, Nampally, Hyderabad. .....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 issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the proceedings issued by the 2nd respondent in COTs. Ref.No.AIII[2]777/2000 dated 23.7.2003 are illegal, arbitrary and contrary to the orders issued in G.O.Ms.No.48 dated 15.3.1997 and set aside the same by declaring the same as illegal, arbitrary and violative of Article 14 of the Constitution of India. Counsel for the Petitioner: MR.A.Satya Prasad Counsel for the Respondents: Spl. Standing Counsel for Commercial Taxes The Court made the following: ORDER: (PER Sri Bilal Nazki, J) On last occasion, learned Counsel for the petitioner sought time to file rejoinder. Rejoinder is not filed and learned Counsel for the petitioner is not present. In this writ petition, a Circular has been challenged being CCT’s Ref. No. AIII (2)/777/2000, dated 23-07-2003, as contrary to G.O.Ms.No.48 Finance and Planning (Finance Wing-EBS-REV) Department, dated 15-3-1997. G.O.Ms.No.48 laid down that the recovery of Profession Tax at the enhanced rates from the Non-Gazetted employees of the State Government shall be kept in abeyance. The present petitioners are teachers in aided schools. It is contended by learned Counsel for the respondents that G.O.Ms.No.48 would not apply to the petitioners as has been held by a Division Bench of this Court in ‘ECIL Oficers Association and others vs. Govt. of A.P. and others’ . Following the same judgment, this writ petition is dismissed. No costs. ------------------------- (BILAL NAZKI, J) 25th October, 2004 ------------------------- (S.ANANDA REDDY, J) LUR Copy to: 1.The Secretary, Government of Andhra Pradesh, Finance and Planning [Fin.Wing-EBS-Rev]Department, Secretariat, Hyderabad. 2.The Commissioner of Commercial Taxes, Nampally, Hyderabad. 3.Two CD copies.