THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.19108 OF 2006 DATED: 10.03.2010 Between: 1. G. Ananthaiah and 3 others. … Petitioners And 1. Andhra Pradesh Residential Education Institutions Society (APREIS), rep. by its Secretary, III Floor, Gagan Vihar, Nampally, Hyderabad and 2 others. … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.19108 OF 2006 ORDER : The petitioners herein are working as Post Graduate Teachers (PGTs) (English) in A.P. Residential Educational Institutions Society (for short, ‘the Society’). This writ petition is filed seeking a declaration that the proceedings of the 1st respondent, dated 26.03.2006, whereunder the petitioners’ claim for restoration of seniority in the cadre of Post Graduate Teachers (PGTs) from the date on which their juniors were promoted was rejected as arbitrary and illegal apart from being contrary to the order of this Court dated 7.10.1991 in W.P.No.8765 of 1991. The facts, in brief, are as under : The petitioners joined the services of the Society as Trained Graduate Teachers (TGTs) on different dates during 1976 to 1985. It is stated that all of them acquired Post-graduation Degrees i.e., M.A. (English) in the year 1988. Thereafter, they requested the society to promote them as Post Graduate Teachers (PGTs) on par with other TGTs who were promoted as PGTs on acquiring Post-graduation Degrees. However their request was rejected on the ground that the petitioners passed M.A. in third division. Subsequently on 2.2.1989 a decision was taken by the Board of Governors of the Society to relax the condition that pass in second class in M.A. is essential for promotion to the post of PGTs. Pursuant thereto, the 1st respondent issued proceedings dated 7.12.1989 informing the Principals/Special Officers of the Residential Educational Institutions to admit the candidates who possessed third class in their graduation or post- graduation with B.Ed. degree. Even prior to that, a notification dated 13.2.1989 was issued for fresh recruitments to the post of PGT (English) and basing on the decision taken by the Board of Governors in its meeting dated 2.2.1989, some of the candidates possessing only third class in post- graduation were recruited as PGTs in English. Since such benefit was not extended to the petitioners, the petitioners filed W.P.No.8765 of 1991 along with 29 similarly situated persons. The said writ petition was disposed of by this Court by order dated 7.10.1991 directing the society to consider the cases of the petitioners for promotion as Post- graduate Teachers granting necessary relaxation and giving seniority from the date of promotion of their juniors. Pursuant thereto, the Board of Governors of the respondent society at its meeting held on 11.12.1991 resolved to allow relaxation from possessing first or second class P.G. Degree and B.Ed. Degree to the in-service TGTs for promotion as PGT in the subjects where such relaxation was given earlier for direct recruitment subject to availability of vacancies under promotion quota. Accordingly, all the four petitioners herein were promoted to the Post of PGT (English) vide proceedings of the 1st respondent, dated 15.6.1992. However, the seniority to which they are entitled to as per the directions of this Court in W.P.No.8765 of 1991 has not been given. Their request was rejected vide proceedings of the 1st respondent dated 26.03.2006 on the ground that they were promoted after relaxation of the condition by the Board of Governors. Aggrieved by the same, the present writ petition is filed contending that as per the order of this Court in W.P.No.8765 of 1991, their seniority in the final seniority list of 2006 in English subject shall be fixed above the 3rd respondent herein. I have heard the learned counsel for the petitioners as well as the learned counsel appearing for the respondents 1 and 2 and perused the material available on record including the counter-affidavit filed on behalf of the respondents 1 and 2. At the outset, it is to be noticed that W.P.No.8765 of 1991 filed by the petitioners was disposed of with a specific direction as under : “That the respondents herein be and hereby are directed to consider the cases of petitioners for granting of necessary relaxation and promote them as Post Graduate Teachers giving seniority from the date of promotion of their juniors.” Admittedly the said order has become final. In the light of the said direction, the respondents are bound to promote the petitioners as PGTs giving seniority in the cadre of PGT from the date on which their juniors were promoted. Apparently the reason upon which the claim of the petitioners for restoration of their seniority has been rejected in the impugned proceedings runs contrary to the order of this Court in W.P.No.8765 of 1991. The impugned order of rejection is therefore liable to be set aside on that ground alone. It is not disputed in the counter-affidavit that some of the juniors to the petitioners were promoted to the post of PGT prior to the petitioners. It is also not disputed before this Court that in identical circumstances W.P.No.31073 of 1997 filed by one A. Jagannatha Sastry was allowed by order, dated 9.2.2000, and in compliance with the said order his promotion was restored from the date on which his juniors were promoted. For the aforesaid reasons, the impugned order, dated 26.03.2006, so far as the petitioners herein are concerned, is hereby set aside and the Writ Petition is allowed as prayed for. No costs. ___________ G. ROHINI,J. Dt. 10.03.2010 gbs