✦ High Court of India · 04 Mar 2025

The High Court · 2025

Case Details High Court of India · 04 Mar 2025
Court
High Court of India
Decided
04 Mar 2025
Length
1,012 words

,..RESPONDENTS Petition under Articre 226 0t the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue appropriate writ, order or direction, more particularly, in the nature of writ of Mandamus decraring the action of the respondents in not considering the representation dated 1210312024 for extending the benefits under G'o Ms.No.21' dated lgtosr2olo under automatic advancement scheme for sanction of promotion scare and for pensionary benefits on par with the petitioners in w'p.(TR) No.3935 0t 2017, dated 3010112023 as iflegar, arbitrary and against the principres of naturarjustice and vioration of Articres 14, 16, 19 and 21 of the constitution of rndia and consequenfly direct the respondents to consider the petitioner s representation dated 12t03t2024 to extend the benefits under G'O.Ms.No.21 , dated 18/05t2010 0n par with the petitioners in w.p.(TR) No.3935 of 2012, dated 30101t2023 forthwith. I ,,."7 lA NO: 1 OF 2025 Petition under section 15'l cPc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to the direct the respondents to consider the petitioner s representation dated 1210312024 to extend the benefits under G.O.Ms.No.2,l , dated 1BlOSl2010 on par with the petitioners in W.P.(TR) No.3935 ot 2011 , dated 30t01t2023 forthwith, pending disposal of the above writ petition. Counsel for the Petitioner : SRI KADARU PRABHAKAR RAO Counsel for the Respondents:.GP FOR SERVICES t The Court made the following: ORDER I I 7 THE HON'BL SRI JU TICE N MAVAR PU RA] ESHWAR RAO WR PET ON No.6 364 0F 202s ORDER: Heard Sri Kadaru prabhakar Rao, learned counsel for the petitioner, and learned Government preader for services-I for respondent Nos.l to 3. perused the material on record.

2. The case of the petitioner, in a Secondary Grade Teacher (SGT) brief, is that the petitioner, at Mandal Parishad primary School (MPPS), Raginuthata Village, Bonakal Mandal, Khammam District, was appointed as a Special Teacher on 12.10.2001 by respondent No.3. The petitioner is going to retire on 31.03.2025. In 2001,47 SGTs were appointed, including 30 who had previously worked as special reachers From 1996 to 2002. These teachers had their pay scales revised under the automatic advancement scheme as per G.O.Ms.No.21, dated 19.05.2010, which resulted in a disparity in pay between the newly appointed DSC teachers and those who had worked as Special Teachers.

3. It is the further case of the petitioner that he was quarified in the DSC exam in 1989 and was appointed as an SGT in 2002, claims to have quarifications and service simirar to that of the petitioners in W.P.(TR) No.3935 of 2OU, to whom the respondents ,l 2 extended the benefits of the automatic advancement scheme and pensionary benefits. However, despite the petitioner's repeated requests and representations, including one dated t2.O3.2024, the respondents have not extended similar benefits to the petitioner.

4. It is the further case of the petitioner that on L1..11.2024, respondent No.2 directed respondent No.3 to consider the request of the petitioners in W.P.(TR) No.3935 of 20L7, and on 18.12.2024, the pay scales for the 7th petitioner in the said case were revised. However, the petitioner's requests remain unaddressed. As. the petitioner is nearing retirement on 31.03.2025, he seeks relief for the extension of all consequential benefits, including post- retirement pension, in accordance with the automatic advancement scheme.

5. Learned counsel for the petitioner submlts that the petitioner's case is based on similar grounds to that of the petitioners in W.P.(TR) No.3935 of 20L7. The petitioner seeks parity in extension of beneFits under the automatic advancement scheme and pensionary benefits, as extended to the petitioners in the aforementioned case. 6, Learned Government Pleader for the respondents brought to the notice of this Court the order dated 30.01.2023 passed in l W.P.(TR) No.3935 of 2O17. The relevant portion of the said order is 3 extracted hereunder: "In view of the submission made by the learned counsel on either side, this Writ Petition (TR) is disposed of, with a direction to respondents authorities to consider the petitioner's case in terms of the order passed in W.P.No.Z7793 of 2O77, dated 29.06.2077, if the petitioners is otherwise eligible and pass appropriate orders in accordance with law as expeditiously as possible, preferably within a period of eight (Oa) weeks from the date of receipt of the order and communicate the same to petitioners,"

7. In view of the submissions made by both the learned counsel, this Writ Petition is disposed of, directing the respondent authorities to consider the case of the petitioner, if he is otherwise eligible, on par with the petitioners in W.P.(TR) No.3935 of 20t7. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, in this Writ Petition shall stand closed. //TRUE COPY// SD/-MOHD. ISMAIL ASSI TANT REGISTRAR To, Telangana, Hyderabad. ECTION OFFICER 'l . The Principal Secretary, School Education Department, Secretariat, State of 2. The Commissioner and Director of School Education, State of Telangana, 3. The District Educational Officer, Khammam District at Khammam. 4. One CC to SRI KADARU PRABHAKAR RAO, Advocate. [OPUC] 5. Two CCs to GP FOR SERVICES l, High Court for the State of Tetangana. 6. Two CD Copies. Hyderabad. IOUI BSK BS HIGH COURT DATED:0 4l03t2O2S ORDER WP.No.6364 of 2O2S 1 trts STA It (,A \ o 18 llAri ?ffi5 ( l t O6spatcH t DISPOSING.OF THE WRIT PETITION WTHOUT COSTS ( f)- \g I I l

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