THE HONOURABLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE G. BHAVANI PRASAD WRIT APPEAL NO. 1497 of 2008 JUDGMENT: (Per T. Meena Kumari, J) The present Writ Appeal has been filed against the orders of the learned Single Judge passed in Writ Petition No. 18629 of 2002, dated 26.9.2006 by the management. The Writ Petition was filed by the respondent No.1 herein seeking to act in accordance with the provisions of G.O.Ms.No. 538, dated 20.11.1998, dated 20.11.1998 and to retain the petitioner as School Asst. as per the orders of the 1st respondent and the appellant herein by proceedings dated 21.8.2002. The learned Single Judge after hearing the 1st respondent and the learned Government Pleader, disposed of the Writ Petition directing the school authorities to send the proposals for release of the salaries of the petitioner as per the orders issued by the District Educational Officer dated 25.11.2005 and also the learned Single Judge has directed that the 1st respondent shall send the said proposals within a period of six weeks from the date of receipt of a copy of the order. It is also further directed that the respondent shall not take any further steps as per the pay fixation. But, however, the learned counsel appearing for the school has contended that since the Writ Appeal is still pending before this Court, the proposals were not sent. The material annexed to the writ appeal goes to show that on 25.11.2005 the Director of School Education has addressed to the Secretary to the Government of Andhra Pradesh stating that the promotion of the 1st respondent is not in accordance with the G.O.Ms.No. 167 and hence requested to pass necessary orders. In the meanwhile, in pursuance of the orders issued in C.C.No.1083 of 2005 in W.P.M.P.No. 30396 of 2004 in W.P.No. 18859 of 2002, the District Educational Officer has fixed the pay fixation in the promotional scales. The learned counsel for the appellant has submitted that the respondent falls in the category of 2-A mentioned in G.O.Ms.No. 167. The 2-A is extracted hereunder: 2.A. (1) School Asst. xxxx 1.Direct recruitment Grade I 2. By promotion in the following order of preference (2) School Ast. from the categories given below: Gr.IKI (Spl. & Ordinary) a) Jr.Dy. Inspectors of Schools. (3) Post Graduate Asst. (b) xxxx (Spl. Upgraded School Assts.) © S.G.B.T. Teachers (Spl. & Ordinary Cat.) (4) Language Pandits Gr.I. (d) xxxxx (Special & Ordinary Cat.) (e) xxxxx (f) Craft Instructors Gr. I and Gr. II. (g) to (p) xxxxx The learned counsel also submitted that there is another candidate under clause © and the promotion has to be made in pursuance of G.O.Ms.No. 167 which is in force as on today. The learned counsel further submits that the G.O.Ms.No. 538 was also quashed by the Division Bench and the S.L.P. is pending before the Supreme Court. The letter of the Director dated 5.2.2008 enclosing the representation of one of the local M.L.A. supporting the case of Mr. G.V.S.R.K. Prasad, S.P.N.R.C. High School, Gollapudi, we are of the opinion that it would suffice in the interest of justice that the management shall send fresh proposals with reference to the promotion of the candidates to the post of School Assistant (Social Studies) in accordance with the rules prevailing as on today. The Director of School Education should pass necessary orders on fresh proposals in accordance with law within a period of three months from the date of the said proposal. Till such time, the 1st respondent shall continue in the same post holding as on today and in the pay scale fixed in proceedings dated 25.11.2005 It is also made clear that if any adverse orders are passed, there will not be any recovery of the amount already paid to the individual. Accordingly, the Writ Appeal is disposed of. _______________________ T. MEENA KUMARI, J __________________________ G. BHAVANI PRASAD, J 27.11.2008 CHV