A.P.Aided Colleges Non-Teaching Staff Association, v. The Government Of Andhra Pradesh, Higher Education

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO.2999 OF 2002 ORDER:

This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the respondents in not allowing the nonteaching staff of private aided colleges to encash the earned leave to their credit at the time of death or retirement while allowing the Government employees, teaching and non-teaching staff of Government Colleges and Private aided schools, as illegal and arbitrary, and consequently, to direct the respondents to pay the encashment amount for the earned leave to their credit at the time of their death or retirement on par with Government servants taking into consideration G.O.Ms.No.252, Finance (FR-I) Department, dated 3.3.1981.

2.

Heard Sri M. Ratna Reddy, learned Counsel for the petitioner and the learned Government Pleader for Education. 3.

When this matter was taken up for hearing today, it was brought to the notice of this Court by the learned Counsel for the petitioner that the State of Telangana vide G.O.Ms.No.109, dated 29.7.2015 issued orders extending the orders in G.O.Ms.No.154 Finance (FR.I) Department, dated 4.5.2010 to all the employees, teaching as well as non-teaching staff of aided institutions and local

bodies i.e., aided Junior Colleges/Degree colleges/Oriental colleges and also for non-teaching staff of aided schools and the employees of Panchayatraj and municipal institutions. The learned Counsel also placed a copy of G.O.Ms.No.109, dated 29.7.2015 before this Court.

4.

It is relevant to extract paragraph No.8 and 9 of G.O.Ms.No.109, dated 29.7.2015:

"Government after careful consideration of the report, decided to accept the recommendations of the Pay Revision Commissioner and hereby order to extend the orders in G.O.Ms.No.154 Finance (FR.I) Department dated 4.5.2010 to all the employees, teaching as well as non-teaching staff of aided institutions and local bodies i.e., Aided Junior Colleges/Degree Colleges/Oriental Colleges and also for Nonteaching staff of Aided schools and the employees of panchayat Raj and Municipal Institutions.

These orders shall come into force with effect from the date of issue of G.O.Ms.No.154 Finance (FR.I) Department, dated 4.5.2010."

5.

In view of the above G.O. issued by the State Government, this Court is of the view that cause in this writ petition does not survive.

6.

Accordingly, the Writ Petition is dismissed as infructuous. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

_____________________________ (ABHINAND KUMAR SHAVILI, J) Dated: 26th July, 2018 Nn

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO.2999 OF 2002 Dated: 26.7.2018 Nn