LAWS(TLNG)-2022-11-96

JANGATI YELLAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On November 17, 2022
Jangati Yellaiah Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Heard learned counsel Sri A.Phani Bhushan for the petitioners, learned special counsel Sri P.Govind Reddy appearing for respondent Nos.1, 3 and 5, learned Special Government Pleader representing learned Advocate General appearing for respondent Nos.2, 4 and 6, learned Government Pleader for School Education and learned senior counsel Sri Pratap Narayan Sanghi for respondent Nos.9 to 18.

(2.) Briefly stated the facts of the case are as under:

(3.) Learned counsel for the petitioners contended that the respondent - employer has been following the Telangana State and Subordinate Service Rules, 1996 (for brevity referred to as General Rules) to regulate all service conditions, including seniority. Petitioners were appointed under Rule 10 of the General Rules. This is also admitted by the respondent - Authority in the counter affidavit. According to learned counsel the rules notified in G.O.Ms.No.25 School Education (Services-III) Department, dtd. 13/12/2019 were not in force when petitioners were appointed. However, even if these Rules are applicable Rule 5 deals with method of appointment to various categories of posts. The next higher cadre post to that of Post Graduate Teacher is Principal. From reading of note appended to Rule 5, it is clear that consideration for promotion to the post of Principal should be based on merit secured by the Post Graduate Teachers at the time of recruitment. It is thus clear that merit secured in the recruitment alone is the criteria to draw seniority for promotion as Principal.