IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P. No.5820 of 2001 Between: S.Suribabu and others. … Petitioners And Government of Andhra Pradesh, Education Department, Rep.by its Secretary, Secretariat, Hyderabad. … Respondents THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.5820 of 2001 ORDER: This writ petition has been filed seeking for issuance of Writ of Mandamus directing the respondents to pay the salaries due to the petitioners as per Grant-in-Aid for the period from 01.03.1989 till the date they left the services of the 4th respondent School, on par with other staff of the School. The case of the petitioners, in brief, is that the 4th respondent’s School was admitted to Grant-in-Aid with effect from 01.09.1985 vide G.O.Ms. No.343, Education, dated 31.07.1986 and all the petitioners have worked in the said School. Accordingly, salaries were paid to the staff of the School up to 28.02.1986 and no salaries were paid thereafter as the Government did not release the funds. Therefore, the staff of the School approached this Court and pursuant to the orders passed by this Court, the 3rd respondent, District Educational Officer, released the amounts for the period from 01.03.1986 to 28.02.1988 vide proceedings dated 24.03.1988 but no salaries were paid from 01.03.1988 onwards, including the petitioners. Some of the staff, 8 in number, filed W.P. No.7713 of 1992 seeking payment of salary from 01.03.1988 to 30.10.1989 and pursuant to the orders dated 24.10.1992 of this Court, consequential proceedings were issued insofar as those staff filed the said writ petition leaving, including the petitioner, other staff members. Even thereafter some other staff, 8 in number, filed W.P. No.5162 of 1994 and obtained similar orders. Even then also the petitioners were not paid the salaries for the period from 01.03.1988 to 31.10.1989. It is further submitted that the State Government passed a Bill No.37 of 1995 in the Assembly nullifying the judgments of this Court regarding release of arrears of Grant-in-Aid and the same was later on enacted as Act No.34 of 1995. The said Act was declared as illegal by this Court in W.A. No.1745 of 1995 and the Government has approached the Hon’ble Supreme Court and initially obtained stay but ultimately dismissed the appeal preferred by the Government and therefore, the orders passed by this Court has become final. Subsequent to the judgment of the Hon’ble Supreme Court, the Government has released the payments in favour of the petitioners who earlier filed the writ petitions vide G.O.Ms.No.144, dated 04.11.2000. Since the matter is pending with the Hon’ble Supreme Court and the persons who obtained the orders from this Court long ago are also paid with the amount only now, the petitioners herein are approaching this Court by filing the present writ petition for releasing the salaries for the period for which it was not paid to the petitioners herein. It is also submitted that now the petitioners are not working in the 4th respondent’s School and they worked in the School up to 05.02.1989, 21.09.1989 and 03.02.1989, respectively. Eventually it is submitted that they are entitled to the arrears for the period from 01.03.1988 till they left the school. Hence, the present writ petition. On behalf of the respondents, the 3rd respondent has filed the counter. From a perusal of the counter it is clear that the respondents have admitted most of the averments made by the petitioners and has taken only ground that the present writ petition is barred by delay and laches and the claim of the petitioners is belated and cannot be enforced at this long juncture and sought to dismiss the writ petition on the said ground only. The learned counsel for the petitioners submits that during the period for which the Government has issued G.O.Ms. No.144, dated 04.11.2000 releasing the payment to teaching arrears grants of the period from 01.01.1986 to 31.10.1989, the petitioners are entitled to the payment of arrears since they worked in the 4th respondent’s School up to 05.02.1989, 21.09.1989 and 03.02.1989, respectively, and they have not been paid the salaries from 01.03.1988 onwards. From a perusal of the averments of the petitioners and the counter averments, the facts are not in dispute. Admittedly the petitioners have worked in the 4th respondent’s School up to 05.02.1989, 21.09.1989 and 03.02.1989, respectively, and they have not been paid the salaries from 01.03.1988 onwards. Further it is clear that the Government has issued G.O.Ms. No.144, dated 04.11.2000 sanctioning an amount of Rs.22,94,389/- towards arrears of teaching grant, in respect of some schools for the period from 01.03.986 to 31.10.1989 and wherein, the 4th respondent’s School was also granted an amount of Rs.4,45,946/-, in respect of case covered in W.P. No.5162 of 1994. Since the petitioners also worked during the period for which the Government has issued G.O.Ms.No.144, dated 04.11.2000, in respect of whom the writ petitions have been filed, and the petitioners have not been paid salaries from 01.03.1988 onwards, they are entitled to the arrears for the period for which they have worked and have not been paid. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel, it is appropriate to direct the respondents to consider the case of the petitioners for releasing the salaries due to the petitioners from 01.03.1988 till they left the School. Accordingly, the respondents are directed to consider the case of the petitioners for releasing the salaries due to the petitioners from 01.03.1988 till they left the School and pass appropriate orders, in accordance with law, within a period of two months from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. There shall be no order as to costs. ____________________________ JUSTICE G. CHANDRAIAH Date: 26.11.2010 LSK