The Andhra Pradesh Private Aided Educational Institutions Employees (Regulation of Pay) Act, 2005.
# THE ANDHRA PRADESH PRIVATE AIDED EDUCATIONAL


# INSTITUTIONS EMPLOYEES (REGULATION OF PAY) ACT, 2005.


**_(ACT NO. 37 OF 2005)_**


**ARRANGEMENT OF SECTIONS**

**SECTIONS**

1. Short title and commencement

2. Definitions

3. Counting of Service for fixation of Pay, Automatic Advancement Scheme,

Career Advancement Scheme and Pension

4. Abatement of claims

5. Power to remove difficulties

6. Repeal of Act 9 of 2000

7. Repeal of Ordinance 3 of 2005


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# THE ANDHRA PRADESH PRIVATE AIDED EDUCATIONAL INSTITUTIONS
 EMPLOYEES (REGULATION OF PAY) ACT, 2005.

**_(ACT NO. 37 OF 2005)_**

#      [29[th] October.2005] 

**AN ACT TO PROVIDE FOR COUNTING OF AIDED SERVICE OF THE**

**TEACHING AND NON-TEACHING EMPLOYEES OF THE PRIVATE**
**AIDED EDUCATIONAL INSTITUTIONS IN THE STATE FOR THE**
**PURPOSES OF FIXATION OF PAY, AUTOMATIC ADVANCEMENT**
**SCHEME, CAREER ADVANCEMENT SCHEME AND PENSION**
**AND MATTERS CONNECTED THEREWITH OR INCIDENTAL**
**THERETO.**

Whereas, Government have admitted certain teaching and non-teaching

posts in Private Educational Institutions to grant-in-aid to improve the
standards of education and to reduce the burden of the Managements to the
extent of payment of salaries to the Staff;

And whereas, Government in Memo No. 3866/F2/78-6, Education,

dated 10-1-1980, directed the Director of School Education to take into
account the increments earned by the employees of Private Aided Educational
Institutions in the posts prior to the date of admission to grant-in-aid for the
purpose of fixation of pay in the aided post subject to the condition that the
staff are qualified and increments sanctioned are in accordance with the rules
in force;

And whereas. Government in G.O.Ms. No. 117, Finance and Planning

(FW.PRC.I) Department, dated 25-5-1981 have formulated a scheme of
Advancement in service by the creation of Special Grade Posts to employees
who have completed ten years of service in a particular scale of pay and
Special Temporary Promotion Posts/Special Adhoc Promotion Posts to

employees who have completed fifteen years of service in particular scale of
pay and the benefit of the scheme has been extended inter alia to the teachers
working under private aided educational institutions in G.O.Ms.No.164,
Finance and Planning (FW.PRC. I) Department, dated 1-6-1982;

And whereas, Government in G.O.Ms. No. 137, Education Department,

dated 15-2-1982, created a new Grade for Junior Lecturers in the Pay scale of
Rs. 1050-1600 on completion of seven years of service;

And whereas, Government in Memo.No.9279/Ser. IV-1/86-4, Education

dated 6-1-1987 clarified that the service rendered prior to admitting a post to
grant-in-aid does not count for Automatic Advancement Scheme;

And whereas. Government in G.O.(P) No.2. Finance and Planning (FW.

PRC. I) Department, dated 4-1-1988 liberalised the Scheme of Advancement
in service by creating another level of Automatic Advancement by creating
Special Promotion Post II/ Special Adhoc Promotion Post II on completion of
twenty two years of service in a particular scale of pay and the benefit of the
said scheme has been extended inter alia to the teachers working under
private aided educational institutions in G.O.Ms.No. 347, Finance and
Planning (FW.PRC.I) Department, dated 17-11-1989:

And whereas, Government, in G.O.Ms. No. 343, Education Department,

dated 31-10-1989 inter alia extended the said Schemes to the Junior
Lecturers;


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And whereas, Government in G.O.Ms. No. 520, Education Department

dated 15-12-1988 extended the Career Advancement Scheme inter alia to the
teachers of the aided colleges;

And whereas, Government in G.O.Ms.No. 169, Education Department,

dated 7-7-1990. issued guidelines on the Career Advancement Scheme;

And whereas, in G.O.Ms.No. 41, Education, (U.E. II), Department, dated

11-2-1998, it has been clarified that for the purpose of computing the service
to the Career Advancement Scheme of 8 years, 16 years, the service rendered
prior to the admission of the post to grant-in-aid shall not be taken into
account;

And whereas, Government in G.O.(P) No. 290, Finance and Planning

(FW.PRC.I) Department, dated 22-7-1993 modified the automatic

advancement scheme by creation of Special Grade Scale on completion of
eight years of service in particular scale of pay and Special Promotion
Posts/Special Adhoc Promotion Posts on completion of sixteen years of service
and an employee gets an increment in the Special Promotion Post Scale or
Special Adhoc Promotion Scale on completion of twenty four years of service
and the said modified scheme has been extended to the teachers and Junior
Lecturers, in G.O.(P)No.311, Finance and Planning (FW.PC. II) Department,
dated 20-8-1993 and G.O.Ms.No.382, Finance and Planning (FW.PC.II)
Department, dated 16-11-1993 respectively. The Automatic Advancement
Scheme was continued in the Revised Pay Scales of 1999 in G.O.(P) No. 150,
Finance and Planning (FW.PC. II) Department, dated 1-9-1999;

And whereas, the said schemes are formulated for the employees

serving and drawing the pay from out of the State Fund;

And whereas, application of the said Schemes to the employees of the

private aided educational institutions shall have to be made from the date of
the admission of the posts to grant-in-aid;

And whereas, the service rendered by the employee of the private

educational institution prior to the date of admission into grant-in-aid was
also taken into consideration for the purpose of Automatic Advancement
Scheme, Career Advancement Scheme and Pension by an unintended
interpretation of the clarification issued in Memo.No.3866/F2/78-6,

Education, dated 10-1-1980, which was issued with the intention of fixation of
a pay only while admitting the posts into grant-in-aid;

And whereas, in view of the gross misuse of the said instructions, orders

were issued in G.O.Ms.No. 341, Education (PS.I) Department, dated 24-101997 cancelling the instructions issued in Memo.No. 3866/ F2/78-6,
Education Department, dated 10-1-1980.

And whereas, Government have to incur a huge expenditure of more

than thirty three crores of rupees adversely hampering the developmental
programmes of the State if this unintended financial commitment and
misapplied expenditure is not effectively stopped;

And whereas, the Andhra Pradesh Private Aided Educational Staff

(Regulation of Pay) Act, 2000 was enacted for counting the service rendered in
an aided Post for the purpose of fixation of pay, Automatic Advancement
Scheme, Career Advancement Scheme and Pension and the said Act was given
retrospective effect with effect from 10-1-1980;

And whereas. Government subsequently decided to implement the said

Act with prospective effect and accordingly, the Andhra Pradesh Private Aided
Educational Staff (Regulation of Pay) (Amendment) Act. 2002 was enacted;


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And whereas, the Full Bench of the Andhra Pradesh High Court in W.P.

Nos. 1938 of 2000 and batch dated 26-7-2001 held that the benefit of
Automatic Advancement Scheme. Career Advancement Scheme and Pension
may be granted to all teachers irrespective of the above Act;

And whereas, the Pay revision Commission, 1999 observed that there is

no justification to include the service rendered in un-aided institutions which
are subsequently brought under grant-in-aid, for the purpose of pensionary
benefits as such inclusion would amount to taking into consideration the
service not covered by the Pension Rules and it would also amount to giving
retrospective effect to the admission to grant-in-aid which is never
contemplated by the Government;

And whereas, if the unaided service rendered by the teaching and non
teaching staff of the Private Aided Educational Institution is taken into
consideration for the purpose of fixation of pay, Automatic Advancement
Scheme, Career Advancement Scheme and Pension it involves very huge
financial implication to state exchequer;

And whereas, Government reviewed the matter and decided to count the

aided service only for the purpose of fixation of pay, Automatic Advancement
Scheme, Career Advancement Scheme and Pension.

Be it enacted by the Legislative Assembly of the State of Andhra Pradesh

in the Fifty sixth Year of the Republic of India as follows:
**1. Short title and commencement - (1) This Act may be called the Andhra**
Pradesh Private Aided Educational Institutions Employees (Regulation of Pay)
Act, 2005.

(2) It shall be deemed to have come into force on the 10th January, 1980.
**2. Definitions - In this Act unless the context otherwise requires,-**

(1) "Aided post" means a post in a Private Educational Institution admitted


to grant-in-aid.


(2) "Automatic Advancement Scheme" means higher scales granted to


employees after completion of specified period of service in a post.


(3) "Career Advancement Scheme" means higher scale granted to a lecturer

working in a college after completion of specified period of service in the
post.

(4) "Government" means State Government of Andhra Pradesh.
(5) "Grant-in-aid" means any sum of money paid as aid out of state Funds


to any post in a Private Educational Institution.


(6) "Private Aided Educational Institution" means a School or College

established and administered or maintained by any Body of persons and
recognized as Educational Institution by the Government and receiving
grant-in-aid.

(7) "Unaided Service" means service rendered by an employee of Private

Educational Institution in a post prior to date of admission to grant-inaid.

**3. Counting of Service for fixation of Pay, Automatic Advancement**
**Scheme, Career Advancement Scheme and Pension- Notwithstanding**
anything contained in any order of the Government or any Judgment of any
Court or Tribunal, every employee of a Private Aided Educational Institution,
shall, from the date of approval of his appointment in an aided post, be eligible
to count the service rendered after such date of approval, for fixation of pay in
the said post and Automatic Advancement Scheme, Career Advancement


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Scheme. Pension made applicable or extended to such employee from time to
time.

**4. Abatement of claims. - Notwithstanding anything contained in any order of**
the Government or any judgment of any court or Tribunal, the claims of
employees of the Private Aided Educational institutions for counting the service
rendered, or as the case may be, the increments drawn, in the post prior to the
date of approval of their appointment in a post to grant-in-aid, for the purposes
of fixation of pay in the Aided Post, reckoning for Automatic Advancement
Scheme, Career Advancement Scheme and Pension shall stand extinguished
from the date of commencement of this Act and accordingly,
(1) The orders issued by the Government directing to take into account the

increments earned by an employee of Private Aided Educational
Institution prior to the date of admission of post to grant-in-aid for the
purpose of fixation of pay in the aided post shall stand cancelled:

Provided that any amount paid as per the orders now cancelled shall not

be recovered.

(2) No suit or other proceedings shall be maintained or continued in any

court against the Government or any person or an authority whatsoever
by any employee of Private Aided Educational Institution claiming for
extending the benefit of unaided service rendered in a post for the
purposes of fixation of pay in the Aided Post, reckoning for Automatic
Advancement Scheme, Career Advancement Scheme or pension,

(3) No Court shall enforce any decree or order directing to count the service

rendered by any employee of Private Aided Educational Institutions in any
post prior to the date of admission to grant-in-aid for the purpose of
fixation of pay in the aided post, reckoning for Automatic Advancement
Scheme, Career Advancement Scheme and Pension.

**5. Power to remove difficulties. - (1) If any difficulty arises in giving effect to**
the provisions of this Act, the Government may make such order not
inconsistent with the provisions of this Act as may appear to them to be
necessary or expedient for the purpose of removing the difficulty;

(2) Every order made under this section shall, as soon as may be after it

is made, be laid before the Legislative Assembly of the State.

**6. Repeal of Act 9 of 2000. - The Andhra Pradesh Private Aided Educational**
Staff (Regulation of Pay) Act, 2000 is hereby repealed.

**7. Repeal of Ordinance 3 of 2005. - The Andhra Pradesh Private Aided**
Educational Institutions Employees (Regulation of Pay) Ordinance, 2005 is
hereby repealed.


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