IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 15627 of 1997 Between: N. Ruth Agamanakshi W/o N.K. Prakash Samlkot, East Godavari Dist. ..... PETITIONER AND 1 The Secretary to Govt. Govt. of A.P. Education Dept., Secretariat, Hyderabad 2 The Director of School Education Saifabad, Hyderabad 3 The Regional Joint Director of School Education Kakinada 4 The District Educational Officer Kakinada, E.G. Dist. 5 The Head Master & Correspondent C.B.M. Centenary High School Samalkot-533440, East Godavari Dist. .....RESPONDENT(S) 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 an order, writ or direction more particularly one in the nature of writ of mandamus declaring that Act No.34/95 i.e., A.P. Educational Institutions Grant-in-Aid (Regulation) Supplementary Provision Act, 1995 as unconstitutional and ultra vires to the provisions of the basic structure of the Constitution of India and Art.14 and 21 of the Constitution of India declaring that the petitioner is entitled for the salaries from 1-3-1988 to 30-11-1989 and also P.R.C. scales 1986 arrears from 1- 7-86 to 29-2-1988 alongwith interest at 18% p.a. from the respective due dates Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following : ORDER (Per Sri V.Eswaraiah, J.): Petitioner questions the vires of Act No.34 of 1995 i.e., A.P. Educational Institutions Grant-in-Aid (Regulation) Supplementary Provision Act, 1995 as unconstitutional and further seeks declaration that the petitioner is entitled for the salaries from 1.3.1988 to 30.11.1989 and also P.R.C Scales 1986 arrears from 1.7.1986 to 29.2.1988 along with interest. It is stated that one M.Bhakta Kumar Samuel working in the 5th respondent School filed W.P.No.16199 of 1997 and this Court allowed the same as hereunder: “In this writ petition the vires of Act 34 of 1995 titled Andhra Pradesh Educational Institutions Grant-in-Aid (Regulation) Supplementary Provision Act, 1995 is questioned. Similar writ petition questioning the said Act was already allowed striking down the legal provisions contained under the said enactment by a Division Bench of this Court in Government of Andhra Pradesh v. G.V.K.Girls High School (1996 (3) ALT 820). In so far as the payment of the arrears of salary is concerned, the same is payable from 1.9.1985 when the post was admitted to Aid and the arrears of salary having been paid from 1.9.1985 to 29.2.1988 and remaining to be paid from 1.3.1988 onwards, we direct the concerned respondent herein to pay the salary to the petitioner for the period from 1.3.1988 to 31.10.1989 within a period of three months from the date of receipt of a copy of this order. The writ petition is allowed accordingly.” The issue in question is squarely covered by an order of a Division Bench of this Court passed in W.P.No.16199 of 1997. In view of the same, the present writ petition is allowed in terms of the said order. No order as to costs. _________________ V.ESWARAIAH, J. _________________ SANJAY KUMAR, J. 31.3.2009 kpr