THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.20685 of 2011 ORDER: The petitioners are working in various private educational institutions, admitted to grant-in-aid. The institutions, in which the petitioners are working, are located within the scheduled areas. The Government issued orders from time to time, providing for payment of special compensatory allowance to the Government Teachers, who are required to work in the scheduled areas (agency areas). The petitioners contend that the same treatment must be accorded to them. Heard learned counsel for the petitioners and learned Government Pleader for the respondents. It is, no doubt, true that the Government has issued orders from time to time, providing for special compensatory allowance to the Government Teachers, who work in the agency areas. That, however, is a facility, which is extended to Teachers, who are liable to transfer to different places. The Government Teachers of any particular category, in a district, constitute a unit, in the context of transfer, promotion etc. When some of them are posted in agency areas, where the facilities are comparatively less, they naturally deserve to be paid the compensatory allowance, so that, the inconvenience is balanced compared to a standard of living of a Teacher of the same category, working in non-agency area. Such is not the case here. The petitioners have joined in an institution of their choice, which is incidentally admitted to grant-in-aid, and is located in an agency area. The special compensatory allowance becomes payable, only when a posting to an institution in the agency area takes place, as a measure of transfer. For all practical purposes, the posts in institutions admitted to grant-in-aid are not transferable. Further, it is the discretion of the Government to stipulate the service conditions. It is only persons of the same category that can insist on similar treatment. When the Teachers appointed in private educational institutions admitted to grant-in-aid constitute a different and distinct class compared to Government Teachers, they cannot insist on the same treatment. The writ petition is, therefore, dismissed. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J Dt:10.10.2011 GJ