THE HON’BLE SRI JUSTICE B PRAKASH RAO AND THE HON’BLE SRI JUSTICE G BHAVANI PRASAD WRIT PETITION NO. 15810 OF 2000 ORDER: (Per Sri Justice G Bhavani Prasad) Though the matter has been adjourned more than once, none appeared on behalf of the first respondent, while the arguments of the learned counsel for petitioner were heard. The writ petition is directed against the orders of the Andhra Pradesh Administrative Tribunal in O A No. 4669 of 1998 dated 9.7.1998. O.A. No. 4669 of 1998 was filed by the first respondent herein against the petitioner and second respondent herein claiming that as his appointment is to the higher post of School Assistant, pay protection under FR-22B ought to have been extended to him. The Tribunal in the impugned orders noted that the first respondent herein was initially appointed as Secondary Grade Teacher in the year 1988 and was later selected as School Assistant. The Tribunal felt that the respondents in the O.A. are bound to fix the pay of the first respondent herein under FR.22B since he had obtained a ‘no objection certificate’ from the school where he was working earlier. The respondents in O.A. were directed to refix the pay of the first respondent herein within eight weeks. The respondents to O.A. filed a review application in M.A No. 953 of 1999 with M.A.No.952 of 1999 in O A No. 4669 of 1998 but the Tribunal dismissed the same by its order dated 1.10.1999, finding no error of law or fact in their earlier judgment. The first respondent to the O A approached this Court with this writ petition contending that the first respondent herein was selected for appointment as School Assistant by direct recruitment in pursuance of a notification issued by the Director of School Education and though he was earlier working as Secondary Grade Teacher elsewhere, he cannot claim to have been appointed by promotion. The writ petitioner also relied on the order of the same bench of the Tribunal in O.A. No. 4966 of 1998 negativing the relief claimed identically by a similarly situated teacher. The writ petitioner, therefore, desired that the order of the Tribunal be reversed. FR 22B was introduced into the Fundamental Rules by G O Ms No. 239 Finance (FR.II) Department dated 23.8.1983 and by G.O.Ms.No. 7 Finance and Planning (FW.F.R.I) Department dated 17.1.1995, referring to all earlier orders on the subject, the effective date for implementation was changed to 1.7.1992. FR 22.B introduced through G.O.Ms No. 239 dated 23.8.1983 was plain and unambiguous in language in its application only to fixation of the pay on promotion. When a person is directly recruited to a post, the question of fixation of any pay does not arise, as such person starts with the initial pay permitted to that post under the relevant scale of pay. In fact, the Tribunal itself in O.A.No.4966 of 1998 decided in its order dated 17.7.1998 that they agree with the contention that a person working earlier as Secondary Grade Teacher and who competed for the post of School Assistant in direct recruitment on obtaining a ‘no objection certificate’ from the earlier employer and who was accordingly selected and appointed as School Assistant cannot claim to have assumed charge of a higher post, is not entitled for benefits under FR 22B and has to be treated as a direct recruit. Notwithstanding the said order subsequent to the original order in O.A No.4669 of 1998, the Tribunal refused to reconsider its view in Review M.A. No. 953 of 1999 and the patently inconsistent views taken by the Tribunal cannot be sustained and the view taken by the Tribunal in O.A. No.4966 of 1998 is in tune with the provisions contained in FR 22B. Hence, the present O.A. has to fail and the impugned order herein, therefore, has to be reversed. In the result, the writ petition is allowed and the order dated 9.7.1998 in O.A.No.4669 of 1998 as confirmed in Review M.A.No. 953 of 1999 dated 1.10.1999 on the file of the A.P.Administrative Tribunal, Hyderabad is hereby quashed. No costs. ________________ B PRAKASH RAO,J __________________ G BHAVANI PRASAD,J DATE: 19.7.2010 TVK THE HON’BLE SRI JUSTICE B PRAKASH RAO AND THE HON’BLE SRI JUSTICE G BHAVANI PRASAD WRIT PETITION NO. 15810 OF 2000 DATE: 19.7.2010