Legal Notes: HC notice to govt on PIL opposing State paying I-T of CM, Dy CM, Ministers

Hyderabad: The Telangana High Court’s division bench, comprising CJ Alok Aradhe and Justice Jukanti Anil Kumar, on Tuesday issued notices to the State chief secretary and the principal secretary(GAD), directing them to respond, within four weeks, replying to contentions of the petitioner in PIL challenging the State’s action in paying the income-tax of the CM, Deputy CM, all ministers, the Speaker and Deputy Speaker, the chairman and deputy chairman of the council.

The petitioner challenged the validity of Section 3(4) of the AP Payment of Salaries and Pension and Removal of Disqualification Act, 1953, as amended from time to time, and adopted by the government vide GO 1 dated January 3, 2015 issued by GAD whereunder, the IT for the CM, Deputy CM and other ministers shall be borne by the government and subsequent amendments extending the benefit to various political functionaries.

The petitioner sought a direction to set aside the Section 3(4) of the Telangana Payment of Salaries and Pension and Removal of Disqualification Act, 1953

The bench adjudicated the PIL filed by the Forum for Good Governance, an NGO, represented by its secretary Soma Srinivas Reddy, challenging the action of the government in paying IT of the CM, Deputy CM, all Cabinet ministers and ministers of State, the Speaker and Deputy Speaker of the Assembly, chairman and deputy chairman of the council, all advisers of Cabinet rank, all chairpersons of corporations having Cabinet rank, Chief Whip in Assembly and Council, Leader of Opposition in Assembly and Council, Parliamentary Secretaries, chairman, Press Academy. The petitioner’s counsel informed the court that all the above politicians are public servants and they get salary from the State; when they are paid salaries, they are liable to pay IT as is being paid by government servants and citizens.

As per the Act, IT has to be paid by the person, who receives remuneration for the services; the government cannot pay the tax for public servants. Hearing in the case was adjourned by four weeks.

HC directs govt to furnish statistics on pvt schools reserving 25% seats for EBC children

On Tuesday the division bench directed the State government to file a compliance report furnishing steps taken in implementing Section 121 C of the Right of Children to Free and Compulsory Education Act, 2009, that mandates all private unaided schools in the State to reserve 25% of seats in class I and pre-school for minor children hailing from weaker sections and economically poor background.

CJ Alok Aradhe, while turning towards Rahul Reddy, Additional Advocate-General, observed “you file an affidavit with regard to the implementation of Section 121 C of the Act…C whichever institution in the State has reserved 25% of the seats for the poor kids... furnish statistics by the next date of hearing..”

The bench was adjudicating the PIL filed by Thandava Yogesh, advocate from Prakasam district, AP, seeking a direction to the Principal Secretary (School Education and the Director School Education) to implement Section 121 C of the Right of Children to Free and Compulsory Education Act, 2009, in all private unaided schools across the state to reserve 25% of seats. The petitioner contended that private schools should be directed to keep 25% of seats reserved for disadvantaged groups so that they can get quality education; if not done, then this is in violation of Article 14 and 21 and the Right of Children to Free and Compulsory Education Act, 2009. Hearing in the case was adjourned by two weeks for filing compliance report.