IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Mr. JUSTICE C.V.RAMULU WRIT PETITION No.14865 of 1995 Between: Smt. Amjadunnisa W/o Nazeeruddin Ahmed Princess Durre Shahevar Girls High School, Hyderabad R/o Hyderabad ..... PETITIONER AND 1 Director of School Education, A.P., Saifabad, Hyderabad 2 District Education Officer, Hyderabad Urban 3 President, Governing Counsel, Minhaj-ush-Sharquia Education Society Managing Princess Durre Shahevar Girls High School,17-8-467 Dabeer Pura, Hyderabad-23 4 Secretary to Govt. School Education Secretariat Buldings, Saifabad, Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or orders or direction calling for the records from the office of the Respondent No.1, 2 & 3 specifically and direct the Respondent No.1 to pass orders on the reference made by Respondent No.2 in his Rc.No.7190/DI/93 dt: 6-7-1993 and regulate the period indicated in the said memo and Sanction increments in B.Ed. Scale of pay three advance increments of passing M.A. and ten year Fifteen and 22 years Promotion. Counsel for the Petitioner: Mr.BHASHEERUDDIN AHMED Counsel for the Respondents: GP FOR EDUCATION The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.14865 of 1995 O R D E R: This Writ Petition is filed seeking a direction to the 1st respondent to pass orders on the reference made by the 2nd respondent in his Proceedings Rc.No.7190/D1/93, dated 6-7-1993 and regulate the period indicated in the said letter and sanction increments to the petitioner in B.Ed. scale of pay, three advance increments for passing M.A. examination and also grant 10 years and 22 years promotion scale. It appears, petitioner passed B.A., B.Ed. and was appointed as S.G.B. Teacher in the 3rd respondent-School with effect from 6-3-1971. Later, she passed M.A. Examination. She was put in the pay scale of Rs.96-200 from 1970 to 1976. While so, through Proceedings dated 25-9-1976 of the 3rd respondent, she was forcibly transferred and appointed as Record Assistant in the scale of Rs.70-130. Later, twice i.e. on 11-4-1977 and 31-8-1977 she was promoted to the post of Assistant to the pay scale of Rs.250-430, but was reverted again to the post of Record Assistant. However, her lien in the Model Upper Primary School as Assistant was preserved. According to the petitioner, she is eligible to get the scale of pay for the post in which her lien was retained. While so, she was promoted as Assistant Teacher in S.G.B.T. post with effect from 26-9-1977 and retired on attaining the age of superannuation with effect from 1-10-1993. Further, G.O.Ms.No.513, Primary and Secondary Education (H) Department, dated 18-7-1979 lays down that the post of S.G.B.T. held by a Teacher of Social Studies shall be upgraded as B.Ed. post with effect from 1-6-1977. It is the case of the petitioner that as she passed B.Ed. in the year 1966 and entered the service in March,1971, she is eligible to get B.Ed. Scale of pay from 1-6-1977 itself. According to the petitioner, she made a representation to the School Management seeking to allow her the pay to which she was entitled in the Teacher’s post as long as she worked as Record Assistant with all consequential benefits, to fix her pay in the B.Ed. post with effect from 1-6-1977 with consequential benefits and to grant her three advance increments with effect from December,1979 when she acquired M.A. qualification; but there was no reply. Therefore, she submitted another representation to the 2nd respondent on 4-7-1991, which was returned to the Office of the 3rd respondent with an endorsement that she was not eligible for upgradation since she was absorbed in aided post on 26-9-1977. Respondent No.2 through Proceedings dated 6-7-1993 requested the 1st respondent to regularize the period from 25-7-1976 to 7-3- 1977, 11-4-1977 to 26-7-1977 and 31-8-1977 to 26-9-1977 and grant B.Ed. scale, increments and 10 years/15 years promotion scales. But, respondent No.1 has not taken any action so far. Hence, the Writ Petition. Respondent No.2 filed a detailed counter denying the allegations made by the petitioner. However, it is admitted that the petitioner was appointed on temporary basis as S.G.Teacher on 6-3-1971 by the Correspondent of the 3rd respondent-School in the leave vacancy of Smt.Anwari Begum. Petitioner has worked in unaided post as S.G.T. from 19-11-1974 to 25-9-1976 at Model Upper Primary School, Dabeerpura, Hyderabad. She worked between 1976 and 1977 with certain breaks. She was brought to aided S.G.T. post with effect from 26-9-1977 in the clear vacancy due to promotion of Kum.Sabiha Sultana in Pricess Durru Shehvar Girls High School, Dabeerpura, Hyderabad. It is also admitted that the Government issued G.O.Ms.No.886, dated 25-6- 1977 for upgradation of SGT post in Humanities in Upper Primary Schools and High Schools in all managements including aided managements into B.Ed. posts and the incumbents who acquired B.Ed. qualification as on 21-1-1976 can be appointed as Social Studies Teachers. However, it is stated that the petitioner worked as S.G.T. in unaided post from 19-11-1974 to 24-9-1976 and since the petitioner was not working as S.G.T. Assistant as on 1-1-1976, the proposals of the Management for upgradation of the post held by the petitioner as School Assistant post (aided) with effect from 1-1-1976 was rejected through Proceedings dated 30-1-1983. Petitioner is not entitled for the benefits as sought for in the Writ Petition. The Writ Petition is devoid of merits and is liable to be dismissed. Heard both sides. The main grievance of the petitioner is that she was appointed as S.G.B. Teacher in 1971 having been passed B.Ed. and though she was forcibly transferred as Record Assistant by an Order dated 25-9-1976, her lien in the Model Upper Primary School as School Assistant was preserved; as such, she is entitled to get the scale of pay for the post of Teacher and also entitled for scale of pay of B.Ed. post with effect from 1-6-1977, apart from 3 increments with effect from December,1979 and also 10/15 years promotion pay scale. It is also her grievance that the 2nd respondent through Proceedings dated 6-7-1993 requested the 1st respondent to pass necessary orders regulating the period of breaks, but no order has been passed by the 1st respondent so far. Though the relief is sought for against the 1st respondent, the 1st respondent has not filed any counter. Of course, the 2nd respondent has filed a counter, but he did not dispute as to addressing of the letter dated 6-7-1993 to the 1st respondent. Through the said letter, the 2nd respondent requested the 1st respondent to issue necessary orders with regard to regularizing the break period from 25-9-1976 to 7-3-1977, 11-4-1977 to 26-7-1977 and 31-8-1977 to 26-9-1977 and granting B.Ed. scale and increments for 10/15 years etc., to the petitioner. Since the matter is pending with the 1st respondent, this Court does not want to go into the merits of the case. In the facts and circumstances of the case, without going into the merits, the 1st respondent is directed to consider the letter dated 6-7- 1993 purported to have been addressed by the 2nd respondent and pass appropriate orders, within a period of two months from the date of receipt of a copy of this Order. With the above direction, this Writ Petition is disposed of. No order as to costs. 13-6-2008 prk