THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.36023 of 1998 ORDER: This writ petition has been instituted by a teacher, who was working in Andhra Pradesh Residential School for Scheduled Tribe Girls at Bhadragiri in Vizianagaram District, seeking to allow him regular pay scale attached to the post of teacher with all attendant benefits. The case of the writ petitioner is that he has obtained his Post Graduate Degree of M.A. in Public Administration in 1994 and prior thereto, he has obtained the degree qualification of B.Ed. He has further improved his qualifications by securing Post Graduate Degree of M.Ed. The Project Officer, Integrated Tribal Development Agency (ITDA), Parvathipuram, considered it appropriate to engage the services of the writ petitioner to work as an Assistant Teacher at a school opened at Kanamudra Village in Parvathipuram Mandal. That was an English medium residential school. The efforts obviously made by ITDA to establish such schools in remote, backward and tribal localities for the purpose of providing quality education to the school going children of those backward and tribal localities have not succeeded greatly. Consequently, ITDA, Parvathipuram has decided to close down the school at Kanamudra. In those circumstances, the writ petitioner was one of the two teachers, who has been transferred by the Project Officer, ITDA, Parvathipuram, through his proceedings, dated 02.09.1995 to work at Andhra Pradesh Residential School for Scheduled Tribe Girls at Bhadragiri. Sri G.Gowri Prasad and the writ petitioner have thus been transferred to the school of the second respondent at Bhadragiri, where they were admitted by the Principal of the said school. Subsequently, on 26.11.1996, Sri Gowri Prasad, the other teacher has resigned from service. The writ petitioner was the only teacher who has been thus brought from Kanamudra School after the same was closed down. The writ petitioner is resting his case for payment of salary and allowances in the regular scale of pay attached to the post of teacher for two-fold reasons 1) that he did possess necessary qualifications to function as a teacher at the second respondent school and 2) that in somewhat similar circumstances, the first respondent society has taken a decision through their proceedings, dated 28.10.1997 to accord the benefit of regular scale of pay to as many as 24 teachers working at various schools located at Scheduled areas and they are similarly placed like that of the writ petitioner. The first respondent society has contested the case of the writ petitioner essentially on the plea that the writ petitioner was engaged purely as a temporary measure by the Project Officer, ITDA at Parvathipuram, when an English medium school was started at Kanamudra in Parvathipuram Mandal. However, the said school could not be run for want of various factors including its inability to attract requisite number of students. When the viability of the school has become doubtful, ITDA has taken a decision to close down such a school. However, taking an extremely compassionate view to the plight of the teachers engaged in ITDA at Kanamudra school, the Project Officer, ITDA issued proceedings on 02.09.1995 directing the services of those two teachers along with other supporting staff of Kanamudra school to be entertained at the second respondent school situated at Bhadragiri in Vizianagaram District. In deference, to these directions, the writ petitioner teacher was entertained to duty by the Principal and he has been continuing in service at Bhadragiri from September, 1995 onwards. However, Sri K.Durga Prasad, learned counsel for the first respondent submits that the issue relating to regularization of the services of teachers, who have been initially recruited either on ad hoc or temporary basis has become a hugely contestable case, particularly, after the policy decision announced by the State Government contained in G.O.Ms.No.212 has fallen for consideration before the Supreme Court in A.MANJULA BHASHINI v. MANAGING DIRECTOR, ANDHRA PRADESH WOMEN’S COOPERATIVE FINANCE CORPORATION LIMITED[1] and the Supreme Court has specifically ordered that the conditions contained in G.O.Ms.No.212 have got to be adhered to and complied with before such employees’ services can be regularized. Therefore, the learned Standing Counsel for the first respondent would submit that only such of those employees, who have completed five years of service by 12.11.1993, the cut off date prescribed in G.O.Ms.No.212, they alone can seek regularization, but not others. Admittedly, the writ petitioner was recruited subsequent to 12.11.1993 and hence, contends the learned counsel, that the services of the petitioner cannot be regularized. It is brought to my notice by the learned Standing Counsel that pursuant to the interim orders passed by this Court in this very writ petition, the entire issue was considered and a detailed order was passed on 09.04.2001 making it clear that the claim of the petitioner for holding the post of a teacher on regular basis and he cannot be absorbed in the services of the first respondent society, hence, the question of assigning the regular scale of pay would not arise. It is also brought to my notice that the writ petitioner has crossed the upper age limit permissible for getting recruited directly in the service of 1st respondent, by now. Sri V.V.Sarma, learned counsel for the writ petitioner would strenuously contend that it is the policy of the State to provide quality education for the children situated in most disadvantageous locations, such as, those in Scheduled and Tribal areas. The State has realized that important factor for bringing up development in such disadvantaged sections of the society, which can be best achieved through means of education to them by providing for infrastructural and instructional facilities at the most convenient places. The school going age children of the tribal population and the backward classes population can be successfully tapped and made to attend the schooling facilities so provided instead of taking a little too early towards means of livelihood and thus, bring about advancement of their living standards in a span of 20 to 30 years time at least. For achieving this great social objective, schools are established and to man those schools, qualified teachers are recruited, no doubt, on an ad hoc basis, but, however, if such teachers are continued in service for long years, they shall not be deprived the minimum facility of drawing salary and allowances in a scale of pay attached to the post concerned. There is considerable force in this submission. After taking into consideration the rival stands, I consider it appropriate to direct the Chairman of the first respondent society to take an informed decision in the matter, for the following reasons: It is the policy of the State to provide for schooling facilities at the most disadvantaged locations, such as, those in scheduled and tribal areas. Private entrepreneurs will not be willingly come forward to establish schools there. Therefore, it is the obligation of the State to provide for such schooling facilities. It would not be enough to provide physical infrastructure in the form of buildings, laboratories and furniture to a school. They have also to be provided with necessary infrastructural facilities in the form of instructors. It is all the more obligatory to provide qualified instructors there, so that the quality and standard of education can be lifted up in such schools. That would ultimately help the students to bridge the gap between them and their urban counterparts. All such personnel, who have been engaged and have continued for such long spells of ten or more number of years, should not be denied what is otherwise legitimately due to them. If their performance as a teacher has come for appreciation or at any rate does not come for any adverse notice regarding quality of education and conduct exhibited by such teachers, it would be unfair to deny them the benefit of drawing salary and allowances in the regular scale of pay attached the post of a teacher. They perform the same nature of duties at par with other regular teachers. Therefore, it would only be appropriate to pay them in the regular scale of pay. All teachers do perform the same nature of duties and discharge equal responsibilities, but, however, some of the teachers make a mark and difference by their very attitude exhibited towards their wards and pupils. They are recognised for the quality of instructions imparted by them. It will not be in the best interests of any organization to lose such good teachers. It is, therefore, important to call for a report about the quality of performance of duties by the writ petitioner and the moral conduct, which he bears upon. If on both these aspects, it is reported that the writ petitioner is recognized as a good teacher bearing decent moral conduct, it would be in the interests of the first respondent society itself not to lose the services of such a teacher, particularly, when he has been continuously rendering services for more than ten years at a disadvantaged location like Bhadragiri in Vizianagaram District. Therefore, the Secretary to the first respondent society is directed to file an appropriate report before the Chairman of the first respondent society, within a period of three (3) months from today. Based upon such a report, the Chairman of the first respondent society may take appropriate decision to allow the petitioner to draw scale of pay attached to the trained graduate teacher inasmuch as he possesses M.A. and B.Ed qualifications having passed the same in second class. An order in this respect may be passed positively before the next academic session commences. Further, all other teachers who are regularly recruited and performing the same nature of duties at the same school are also allowed to draw their salary and allowances in the scale of pay attached to the trained graduate teacher. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________________________ NOOTY RAMAMOHANA RAO, J 19th NOVEMBER, 2009. kvni [1] 2009(5) ALD 58 (SC)