TaxTMI 
TaxTMI 
2008 (4) TMI 838
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....recruiting the teachers. Indisputably, such rules of recruitment had been laid down by G.O.Ms. No. 1 dated 1.01.1994. The said rules were framed by the State in exercise of its power conferred upon it under Section 99 read with Sections 20, 21, 79, 80 and 83 of the Andhra Pradesh Education Act, 1982 known as the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control Of Schools Under Private Managements) Rules, 1993 (for short "the Rules"). 4. The Rules categorized several schools; Upper Primary Schools being one of them. The Rules defines the "Educational Agency" in Rule 2(1)(b) to mean "the Society/ Trust/ Association including Endowment, Board/ Wakf Board and Christian Mission (Church/Diocese or Congregation) and the like, sponsoring/ managing/ running the schools". "Minority Educational Institution" has been defined in Rule 2(f) of the Rules to mean "any educational agency of which at least 2/3rd members belong to a religious / linguistic minority". 5. Rule 7 of the Rules provides for scrutiny and grant of permission on an application filed therefor by the institution in question. Rule 9 provides for the manner in which recognition ....
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....would not be a bar for grant of relief in their favour, stating: "In my considered view, the same principle will also apply to the facts of this case. Admittedly, the petitioners are continuing in service for more than 8 years and it would be inequitable to disturb them at this distance of time." 8. On an intra court appeal having been filed, a Division Bench of the said Court dismissed the appeal, stating : "The main grievance of the respondents is that though they were appointed as Secondary Grade Teachers, through due selection process, neither their appointments were approved nor they were paid any salary till date. In earlier round of litigation, in W.P. No. 9616 of 1995, this court directed the authorities concerned to consider the proposals sent by the Management on 1.4.1996 and take appropriate decision. In pursuance thereof, the fourth appellant passed orders on 10.12.1999 rejecting the cases for approval. The case of the respondents is that they have put up sufficient length of service. The learned Single Judge placed reliance on the Judgment cited supra and held that it would be unjust to disturb the respondents after eight years of service and accor....
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....been enunciated by a Constitution Bench of this Court in Umadevi (3) (supra), para 53 whereof reads as under: "53. One aspect needs to be clarified. There may be cases where irregular appointments (not illegal appointments) as explained in S.V. Narayanappa, R.N. Nanjundappa and B.N. Nagarajan and referred to in para 15 above, of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years or more but without the intervention of orders of the courts or of tribunals. The question of regularisation of the services of such employees may have to be considered on merits in the light of the principles settled by this Court in the cases abovereferred to and in the light of this judgment. In that context, the Union of India, the State Governments and their instrumentalities should take steps to regularise as a one-time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of the courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be....
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....uitment rules framed by the employer, which is State within the meaning of Article 12 of the Constitution of India, the recruitment would be an illegal one; whereas there may be cases where, although, substantial compliance of the constitutional scheme as also the rules have been made, the appointment may be irregular in the sense that some provisions of the rules might not have been strictly adhered to." [See also Punjab Water Supply & Sewerage Board v. Ranjodh Singh and Others etc. (2007) 2 SCC 491, Punjab State Warehousing Corp., Chandigarh v. Manmohan Singh and Anr., 2007 (3) SCALE 401 and Post Master General, Kolkata & Others v. Tutu Das (Dutta) 2007 (6) SCALE 453] 16. In the light of the decision of this Court in Umadevi (3) (supra), para 53 thereof would be applicable subject to the condition that the matter had not been pending before any court or tribunal. Indisputably, the litigation between the parties was pending since January, 2000. The institution's application for approval of the said appointments had been rejected. Therefore, para 53 of Umadevi (3) (supra) has no application. 17. Even in relation to application of the concept of equal pay for equal work, th....