APAT OA 317/2017 Judgment Copy SGTs eligible for SA Lang Promotions

APAT OA 317/2017 Judgment Copy SGTs eligible for SA Lang Promotions. O.A.No.317 of 2017.O.A.No. 317 of 2017 [ORDER AS PER HON’BLE SRI MOTUPALLI VIJAYA KUMAR, JUDICIAL MEMBER]. Details of the OA 317/2017 Dated 10 .2.2017 is as follows:

Application filed under Section 19 of the Administrative Tribunals Act, 1985 praying this Tribunal to declare that by the impugned action of the respondents in not filling the vacancies of School Assistants (Hindi) existing as on 04-02-2017 i.e., prior to the Amended rule issued Vide G.O.Ms.No.15 Education Department Dt.05.02.2017 with the old rules of A.P. School Educational Subordinate Service Rules issued Vide G.O.Ms.No.12 School Education Department Dt.23.01.2009 as illegal, arbitrary,. discriminatory, against G.O.Ms.No.67 Education Dt.20.11.2010, provisions of A.P. School Educational Subordinate Service Rules issued Vide G.O.Ms.No.12 Dt.23.01.2009 and A.P. State and Subordinate Service Rules, 1996 and the Law Laid down by the APEX Court and the Hon'ble High Court of Andhra Pradesh and in violation of Articles 14 and 16 of the Constitution of India and consequently hold the applicants are entitled for promotion to the vacancies of School Assistant (Hindi) existing as on 04-02-2017 with all consequential benefits.

APAT OA 317/2017 Judgment Copy SGTs eligible for SA Lang Promotions

::ORDER::
O.A.No. 317 of 2017
[ORDER AS PER HON’BLE SRI MOTUPALLI VIJAYA KUMAR, JUDICIAL MEMBER]

The applicants, who are working as Secondary Grade Teachers in Anantapur District, filed this O.A. seeking the following relief: -
“...to declare that by the impugned action of the respondents in not filling the vacancies of School Assistants (Hindi) existing as on 4.2.2017 i.e., prior to the amended rule issued vide G.O.Ms.No.15, Education Department, dt.5.2.2017 with the old rules of A.P. School Educational Subordinate Service Rules issued vide G.O.Ms.No.12 School Education Department, dt.23.1.2009 as illegal, arbitrary, discriminatory against G.O.Ms.No.67, Education, dt.20.11.2010, provisions of A.P. School Educational Subordinate Service Rules issued vide G.O.Ms.No.12, dt.23.1.2009 and A.P. State and Subordinate Service Rules, 1996 and the law laid down by the Apex Court and the Hon’ble High Court of Andhra Pradesh and in violation of Articles 14 and 16 of the Constitution of India and consequently hold the applicants are entitled for promotion to the vacancies of School Assistant (Hindi) existing as on 4.2.2017 with all consequential benefits and to pass such other order or orders as this Hon’ble Tribunal deems fit and proper.”
2. The applicants herein are working as Secondary Grade Teachers. It is their contention that they are fully eligible and qualified for being promoted to the post of School Assistant (Hindi). It is their further contention that, as per the Rules issued under G.O.Ms.No.12, School Education (Ser.II) Department, dt.23.1.2009, there is a provision for promotion from the category of S.G. Teacher (Category-1, Class-II) to the post of School Assistant (Hindi) (Category-7, Class-I). It is also their contention that though the vacancies arose by the end of January,2017, the respondents are not taking any steps for filling up the said vacancies with the eligible candidates, and that there are instructions from the Government to take up promotions in the first week of every month reckoning the number of vacancies that arose by that time.
3. Now, the applicants contend that the Government issued G.O.Ms.No.15, School Education (Services.II) Department, dt.5.2.2017 amending Rule 2 of the Rules issued under G.O.Ms.No.12, School Education (Ser.II) Department, dt.23.1.2009, where under the category of S.G.T. was deleted for being considered for promotion to the post of School Assistant (Hindi). The applicants further contend that, as on the date when the amendment was issued several vacancies arose prior to it, and therefore, as per the ratio decided by the Apex Court in the case of Y.V.Rangaiah & Others Vs. J.Sreenivasa Rao reported in AIR 1983 SC 852 the vacancies occurred prior to the amended Rules would be governed by old Rules and not by the amended Rules. Therefore, they are entitled for being considered for promotion to the posts of School Assistant (Hindi), as per the qualifications and Rules existing prior to the amended Rules.
4. Learned Counsel for the applicants submit that, earlier also, when there was an amendment to the Rules, in respect of School Assistant (Telugu), the respondents have not considered the cases of eligible candidates for the vacancies prior to amendment, and now also the respondents have not considered the case of applicants and hence apprehend that the respondents may not consider their cases, in view of the amended Rule issued under G.O.Ms.No.15, Education Department, dt.5.2.2017.
5. Heard the learned Counsel for the applicant as well as Government Pleader and perused the material papers on record.
6. Having perused the amended Rules and also the Judgment of Apex Court cited supra, I am of the considered view that as long as the law declared by the Apex Court is staring at the respondents, the respondents cannot deny the benefit of consideration for promotion as per the pre-amended Rule, for those vacancies, which arose prior to the amendment, i.e., G.O.Ms.No.15, dt.5.2.2017.
7. In view of the above facts and circumstances, the respondents are directed to consider the case of applicants for promotion to the posts of School Assistant (Hindi), in the vacancies that arose prior to 5.2.2017, if they are otherwise eligible and qualified, as per pre amended Rules issued in G.O.Ms.No.15, Education Department, dt.5.2.2017.
8. The O.A. is disposed of accordingly at the admission stage, however, in the circumstances, no costs.