IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.18507 of 2008 Between: K. Vishala, W/o. Shyam Sunder, Lecturer, SDMSM Kalasala, Vijayawada - 10 ..... PETITIONER AND 1 Commissioner of Intermediate Education, Nampally, Hyderabad. 2 Regional Joint Director of Intermediate Education, Arts College Campus, Rajahmundry 3 The Promotion Committee, SDMSM Kalasala, Vijayawada – 10, rep. by its Convenor. 4 The Secretary and Correspondent, SDMSM Kalasala, Vijayawada - 10 5 Smt. T. Asha Rani, Lecturer, SDMSM Kalasala, Vijayawada – 10, rep. by its Convenor. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in approving the appointment of 5th respondent as Principal of SDMS Kalasala, Vijayawada, vide Proceedings dt.11-8-2008 as arbitrary, illegal and ultra-vires GO 127 dated 7-6-1993. Counsel for the Petitioner: MR.R.SUDHEER Counsel for Respondents 1 & 2: GP FOR HIGHER EDUCATION Counsel for Respondent No.5: MR. RAMA RAO GHANTA The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.18507 OF 2008 ORDER: This writ petition is ﬁled seeking a Mandamus declaring the action of the oﬃcial respondents in approving the appointment of the 5th respondent as Principal of Sri Durga Malleswara Siddhartha Mahila Kalasala, Vijayawada, vide proceedings dated 11.08.2008, as arbitrary, illegal and contrary to G.O.Ms.No.127 dated 07.06.1993. It appears, the petitioner was appointed as Junior Lecturer in Chemistry in the respondent College- Sri Durga Malleswara Siddhartha Mahila Kalasala, Vijayawada, on 23.09.1982, in an unaided vacant post, and subsequently the said post was admitted to grant-in-aid with eﬀect from 16.04.1990. Likewise, the 5th respondent was appointed as Junior Lecturer in Botany on 30.09.1982 in an unaided vacant post and the said post was also admitted to grant-in-aid with eﬀect from 16.04.1990. According to the petitioner, since she was appointed prior to the 5th respondent, she is senior to the 5th respondent and in the seniority list also, she is at Sl.No.2 while the 5th respondent is at Sl.No.3, and therefore she is entitled for promotion to the post of Principal. While so, when the post of Principal has fallen vacant, the petitioner, being the senior most among Junior Lecturers, was directed to act as In- charge Principal till promotions are eﬀected. Thereafter, the 5th respondent raised objections stating that since the posts held by her and the petitioner were admitted to grant-in-aid on the same day and since she is elder to the petitioner in age, she has to be placed above the petitioner in the seniority list and has to be promoted to the post of Principal. Pursuant thereto, the case of the 5th respondent has been considered and recommended for promotion to the post of Principal by the Promotion Committee resulting in approval of her appointment as Principal by the authorities. Aggrieved thereby, this writ petition has been filed. In the counter-aﬃdavit ﬁled on behalf of respondents 1 and 2, at paragraphs 6 and 7, it is stated as hereunder: “It is submitted that the contention of the petitioner that the seniority should be on the basis of the date of appointment is not correct. Government in Memo No.9279/Edn.(Ser.IV-1)86-4, dated 06.01.1987, clariﬁed that the service rendered prior to admitting a post to Grant-in-Aid does not count for Automatic Advancement Scheme. On similar lines, Un-Aided service shall also not be counted for promotions. Government while passing Act 37 decided to count Aided Service only for the purpose of ﬁxation in Automatic Advancement Scheme & Pension and in other words Automatic Advancement Scheme is also a promotion. The same has been recorded in the minutes of the meeting held by Promotion Committee on 25-6-2008. All aspects have been incorporated in the minutes. Since the Un-aided service is not being counted for Automatic Advancement Scheme, pay ﬁxation & pension the same shall also not count for the purpose of promotion. As per Act 37, the pay of the employees shall be ﬁxed in the minimum of the scales as on the date of admission of the incumbents into Grant-in-Aid. The College was admitted to Grant-in-Aid w.e.f. 16-4-1990. Smt K.Vishala, Junior Lecturer in Chemistry & Smt. T.Asha Rani, Junior Lecturer in Botany were admitted into Grant-in-Aid w.e.f. 16-4-1990, Smt T.Asha Rani, Junior Lecturer in Botany, whose Date of Birth is 6-1-1951 and the Date of Birth of Smt K. Vishala, Junior Lecturer in Chemistry is 26- 8-1954. Since both of them were admitted into Grant- in-Aid w.e.f. 16-4-1990, Smt T. Asha Rani, Junior Lecturer in Botany, who is elder in age, has been considered as senior and considered by Promotion Committee for promotion as Principal. All these aspects have been recorded in the minutes of Promotion Committee meeting.” From the above counter averments, it is clear that the service rendered by the petitioner in the unaided post shall not be counted for the purpose of promotion. Since both the posts held by the petitioner as well as the 5th respondent were admitted to grant-in-aid on the same day i.e. on 16.04.1990, the 5th respondent, who is elder to the petitioner in age, was considered as senior and promoted as Principal. I ﬁnd no illegality in the said action of the authorities. The writ petition is devoid of merits and is liable to be dismissed. Accordingly, the writ petition is dismissed and the interim order passed on 28.08.2008 stands vacated. No order as to costs. However, this order does not preclude the authorities from considering the case of the petitioner for promotion to the post of Principal soon after the 5th respondent retires from service. _________​__________ JUSTICE C.V. RAMULU 6th November, 2008. IBL