2. The restriction in the fixation of pay as mentioned above, was challenged in the High court of Andhra Pradesh by certain employees, The High Court struck down Rule 5 (2). This judgment was followed in other subsequent cases both by the High Court of Andhra Pradesh and later by the Andhra Pradesh Administrative Tribunal.
3. Against these judgment Government filed appeals in the Supreme Court. The Supreme Court through its judgment, dated 18th February 1981 in a batch of cases upheld the decision of the lower Court and Rule 5 (2) of the Andhra Pradesh Revised Scales of Pay Rules 1969 has been held ultra vires the Government as being violative of Articles 14 and 16 of the Constitutions and as being not in conformity with F.R. 22 (a) (ii).
4. The Government, therefore, hereby order that Rule 5 (2) of the said rule be deemed to have been withdrawn with retrospective effect from 19th March 1969 consequently, the employees who were actually, appointed to the selection grade post sanctioned in accordance with the instructions contained in the G.Os. and U.0. Note first to third read above (as subsequently modified or amplified) and whose pay in such selection grade posts was fixed at a stage lower than the minimum of the Selection grade so as to restrict it to the pay drawn by a senior in a higher promotion post shall be eligible for fixation of pay at the minimum of the selection grade scale attached to the posts to which they were appointed. The monetary benefit will be admissible to such employees from the date of their appointment to the selection grade and for the actual periods during which they discharged duty in the selection grade posts. They shall also be eligible for refixation of their pay from time to time with reference to refixation of their pay in the selection grade in pursuance of the above orders. All those who are affected by this order shall be allowed to revise their option in so far as date of entry into the Revised Pay Scales of 1974 and 1978 is concerned, within one month from the date of receipt of the order refixing their pay in the selection grade.
5. The pay of persons effected by this order shall be fixed from time to time and also, in the orders issued in respect of the Revised Pay scales of 1974 and 1978. The fact that monetary benefits of these revised scales was allowed from 1st May 1975 to 1st March 1979 should be kept in view while authorising payment of arrears wherever admissible.
6. The following notification will be published in the Andhra Pradesh Gazette.
NOTIFICATION
AMENDMENT
(By order and in the name of the Governor of Andhra Pradesh)
