N. HANUMANTHA RAO Vs. GOVT. OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner in this Writ Petition questions Government Memo. No. 9279/Ser.IV.I/86-4 of Education (Services-IV) Department dated 6.1.1987 and the consequent proceedings RC. No. 83/SCC/85 of the Director of School Education, the 2nd respondent herein, dated 28.1.1987. Under the said Memo it is stated that the Finance Department of the Government of Andhra Pradesh opined that the automatic advancement scheme applies to only service rendered and paid for from Government funds and that service rendered by a teacher in an unaided post under private management cannot count for allowing special grade posts, special promotion post/special ad hoc promotion post. Consequent to the said Memo. the 2nd respondent under the impugned proceedings dated 28.1.1987 requested all the District Educational Officers to review the cases of such of those unaided staff who were subsequently admitted to aid and have been given special grades/special Promotion/Special Ad hoc Promotions and take immediate action as per Government orders to recover the excess amounts paid if any."

(2.) The petitioners are working in S.M.R.M. High School at Nagaram in the Guntur District, which is a privately managed school. The said school has been admitted to grant-in-aid. Petitioners 1 to 6 have been working as B.Ed. Assistants; 7th and 8th petitioners have been working as Secondary Grade Assistants; 10th and 11th petitioners have been working as Record Assistants and the 12th petitioner has been working as a Peon in the said school. In the affidavit in support of the Writ Petition, the particulars relating to the 9th petitioner are not mentioned, however, the learned counsel for the petitioners states that he has been working as an L.D.C. in the said school. The petitioners state that 3 posts of B.Ed. Assistants and 2 posts of Secondary Grade Assistants were admitted to grant-in-aid on 19.3.1975; 3 more posts of B.Ed. Assistants were admitted to grant-in-aid on 23.10.1975, 12.12.1975 and 29.1.1976. On 3.3.1978 the two posts of Record Assistants and the one post of Attender were also admitted for grant-in-aid along with one post of an L.D.C. Thus all the petitioners have been working in aided posts in the said school.

(3.) The 1st respondent issued G.O.Ms. No. 164 of Finance & Planning (FIN.WING-PRC-I) Department dated 1.6.1982 extending to all teachers who are working under all managements including those under private aided managements, and who are governed by the Andhra Pradesh Revised Pay Scales of 1978, the scheme of advancement in service introduced under G.O.Ms. No. 117 (PRC. 1) Department dated 25.5.1981 (automatic advancement scheme) creating special grade posts and special temporary promotions/special ad hoc promotions posts for teachers who have completed 10 years and 15 years of service respectively. In the present Writ Petition the petitioners are concerned with special grade posts only. As per the automatic advancement scheme extended under the said G.O.Ms. No. 164, teachers working in schools run by private aided managements who are governed by the Andhra Pradesh Revised Pay Scales of 1978 and who have put in 10 years service are entitled to special grade posts. The said automatic advancement scheme was extended also to non-teaching staff working in schools under private aided managements and who were governed by the Andhra Pradesh Revised Pay Scales of 1978 as is evident from G.O.Ms. No. 246, Finance & Planning (FW.PC.II) Department dated 10.6.1993 produced by the learned Government Pleader wherein it is stated that the Government Orders in G.O.Ms. No. 117 dated 25.5.1981 introducing Automatic Advancement Scheme were applicable to all categories of personnel i.e., Government employees, Non- Teaching Staff of Zila Praja Parishads, Panchayati Samitis, Municipalities, Zilla Parishads, Zilla Grandhalaya Samsthas, Agricultural Marketing Committees, Non-Teaching Staff of Aided Schools and Junior Colleges/Aided Degree Colleges and Workcharged Establishment who get monthly pay in a regular pay scale in Revised Pay Scales 1978."