THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 9879 OF 2007 O R D E R: The Integrated Tribal Development Authority, through its Project Director, the 2 nd respondent herein, initiated steps in the year 1998, to appoint Teachers in the schools maintained by it. The consideration was restricted to Scheduled Tribe Candidates alone. The petitioner belongs to Scheduled Caste. Petitioner and others approached this court, by ﬁling W.P.No.14300 of 1998, pleading that the 2nd respondent cannot restrict the consideration to Scheduled Tribes alone, particularly as regards the institutions, which are functioning outside the scheduled areas. An interim order was passed, directing that the case of the petitioner also be considered. Consequently, the petitioner came to be appointed as a teacher on 20.5.1999. At one stage, the interim order was modiﬁed by this court on 16.12.1999. Ultimately, the writ petition was disposed of, in terms of interim orders dated 17.6.2005. The respondents extended the beneﬁt of pay scale to the teachers appointed in the year 1999. The grievance of the petitioner is that he has not been extended the pay-scale. The petitioner claimed pay scale as well as arrears of salary. The 3rd respondent raised an objection for the claim made by the petitioner, and accordingly, issued proceedings dated 1.3.2007, stating that the petitioner is not entitled to be extended the beneﬁt of pay scale. The same is challenged in this writ petition. The petitioner contends that his appointment was continued and virtually regularized, along with all other teachers, and there is no basis for denying pay scale to him. The respondents ﬁled a counter aﬃdavit, stating that the initial appointment of the petitioner itself is untenable, and no adjudication, as such, has taken place in W.P.No.14300 of 1998. Heard the learned counsel for the petitioner and learned Government Pleader for Social Welfare. The petitioner was not eligible to be considered for being appointed as teacher, as per the criteria stipulated by the 2nd respondent. He approached this court, by ﬁling W.P.No.14300 of 1998, with a plea that the notiﬁcation issued by the 2nd respondent, insofar as it restricted the consideration of the cases to Scheduled Tribe candidates alone, is illegal, arbitrary and discriminatory. On the strength of an interim order passed therein, the case of the petitioner was considered and order of appointment was issued. Curiously, the petitioner did not press the matter further, and the writ petition was disposed of on 17.6.2005. It was observed that in view of the interim orders dated 28.5.1998, no further orders are necessary. The appointment of the petitioner as teacher could have become ﬁnal and absolute, if only the rights pleaded by him in the writ petition were decided on merits. For one reason or the other, that did not happen. Naturally, an audit objection was raised as to the very entitlement of the petitioner to be appointed, not to speak of the extension of the beneﬁt of pay-scale. The petitioner ﬁnds himself in a peculiar situation, as of now. On the one hand, he is being continued as a teacher, and on the other hand, he is denied the beneﬁt of pay scale. This court is of the view that the matter needs to be examined by the 2nd respondent, comprehensively, so that the controversy is given a quietus. Hence, the writ petition is disposed of, directing the 2nd respondent to review the appointment as well as subsequent entitlement of the petitioner, and pass orders in this regard, within a period of two months, from the date of receipt of a copy of this order. The views of the petitioner shall also be ascertained and the matter, in turn, shall be submitted to the ﬁnal authority for approval. There shall be no order as to costs. _________________ 1st August 2008 PAN