T YOGEESHWARA REDDY & OTHERS Vs. DISTRICT EDUCATIONAL OFFICER, ANANTAPUR, ANANTAPUR DISTRICT & OTHERS

JUDGEMENT

(1.) These three writ petitions have been filed with leave by the petitioners, who are not parties to O.A.No.317 of 2017 in order to question the order dated 10.02.2017 passed in the said O.A by the Andhra Pradesh Administrative Tribunal (for short, the Tribunal).

(2.) The brief facts, leading to filing of these writ petitions are stated herein.

(3.) Respondent Nos. 5 to 12 in W.P.No.22602 of 2017, who are also impleaded as respondents in other two writ petitions (herein after referred to as private respondents) are working as Secondary Grade Teachers in different districts under the Andhra Pradesh Teachers (General Promotions and Regulation of Transfers) Rules, (for short the Rules), notified in G.O.Ms.No.15 dated 26.01.2009, the Secondary Grade Teachers were eligible for promotion to the post of School Assistants. As per the Rules, as they originally stood, panels of all the eligible candidates for the promotion to the post of Head Master, Grade-II Gazetted and also to the post of School Assistant and equivalent categories must be prepared every year duly assessing the vacancies from the 1st September to 31st August of every succeeding year and the 1st September of the year will be reckoned as qualifying date to determine the eligibility of the candidates. The said Rule was amended by G.O.Ms.No.31 dated 23.06.2010, as per which the schedule for promotion for the post of Head Master, Grade-II and the School Assistants/equivalent categories will be issued by the department from time to time and the date of reckoning for assessing the number of vacancies will also be issued by the Government as per the schedule. The Rules were further amended by the G.O.Ms.No.67 dated 20.11.2010. In para No.3 of the said G.O, it is stated that the Government have decided to effect promotions on the first working day of every month by reckoning, for arrival of number of vacancies, on the first day of the month as per Rules. By G.O.Ms.No.15 dated 05.02.2017, the Rules were amended which inter-alia rendered the Secondary Grade Teachers ineligible for being promoted as School Assistants. When the official respondents stopped to fill up the vacancies of the School Assistants which arose prior to coming into force of the amended Rules as notified in G.O.Ms.No.15 dated 05.02.2017, the private respondents have filed O.A.No.317 of 2017 before the Tribunal with the following relief: