WP 23283/2017 WRIT PETITION NOS.23283 of 2017 AND 73 OF 2018 Hon’ble Sri Justice Sanjay Kumar High Court of AP Judgement on SGTs Eligible for School Assistant Languages Post. High Court Judgement on SGT Promotions for SA Languages
- As the petitioners in both these writ petitions seek to assail the order dated 10.02.2017 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (hereinafter, ‘the Tribunal’), in O.A.No.317 of 2017, they are amenable to disposal by way of this common order. In W.P.No.23283 of 2017, an additional prayer is made to set aside the consequential Government Memo dated 26.05.2017 and the proceeding dated 02.06.2017 issued by the Commissioner of School Education, Andhra Pradesh.
- In W.P.No.73 of 2018, an additional prayer is made to set aside the interim order dated 22.12.2017 in O.A.No.3422 of 2017 and also the order dated 15.02.2017 passed by the Tribunal in O.A.No.337 of 2017 and O.A.No.350 of 2017 and batch. A further prayer was made therein to set aside the consequential reversion order issued vide the proceedings dated 29.11.2017 of the District Educational Officer, Guntur District.
- The petitioners in W.P.No.23283 of 2017 are third parties to O.A.No.317 of 2017 but they seek to assail the order dated 10.02.2017 passed therein while the petitioners in W.P.No.73 of 2018 are also third parties to the said O.A. but are the applicants in O.A.No.3422 of 2017. By order dated 29.11.2017 passed in W.P.No.23283 of 2017, this Court granted interim suspension of the order dated 10.02.2017 passed by the Tribunal in O.A.No.317 of 2017 in view of the decision of the Supreme Court in DEEPAK AGARWAL V/s. STATE OF UTTAR PRADESH
- A similar interim order was passed on 03.01.2018 in W.P.No.73 of 2018. 1 (2011) 6 SCC 725 2 Vacate stay petitions were filed in both the writ petitions by the unofficial respondents to vacate the said interim orders. On 06.11.2018, this Court took note of the submission of the learned counsel appearing for the vacate stay petitioners that the authorities were proposing to make promotions, ignoring the order of the Tribunal which was suspended by this Court in these writ petitions, and directed the authorities to maintain status quo as regards the proposed promotions, if any. These orders were passed in both the writ petitions
High Court Judgement on SGT Promotions for SA Languages
- The Government committed itself to making promotions to the posts of School Assistants on the first working day of every calendar month. 01.02.2017 was a Wednesday and was a working day. Therefore, in terms of the schedule fixed by the Government itself, the Secondary Grade Teachers in Languages who were eligible to be promoted to the vacant posts of School Assistants in Languages available as on that date acquired a vested right. That vested right could not have been altered or modified by the subsequent amendment effected on 05.02.2017, vide G.O.Ms.No.15 bearing the same date. The ratio laid down in Y.V.RANGAIAH therefore squarely applied to the case on hand and not the later decision in DEEPAK AGARWAL .
- In consequence, we find ourselves in complete agreement with the view expressed by the other Division Bench in the common order dated 03.10.2017 passed in W.P.Nos.22602, 24102 and 27294 of 2017, whereby the order dated 10.02.2017 passed by the Tribunal in O.A.No.317 of 2017 was upheld. We accordingly find that these writ petitions are completely lacking in merit and that the Tribunal rightly allowed O.A.No.317 of 2017. The Tribunal was equally justified in applying the ratio of the said decision in its later order dated 15.02.2017 in O.A.No.337 of 2017 and batch and again, in refusing interim relief in O.A.No.3422 of 2017, vide order dated 22.12.2017. In consequence, both the writ petitions are dismissed.
- Interim orders granted in both the writ petitions shall stand vacated. Pending miscellaneous petitions, if any, in both cases shall also stand dismissed. No order as to costs.
