High Court · 2025

6. Dussa Srinivas, S/o. Markandeyulu age.49 years, Working as SGT, Primary School, Byreddygudem, Nakrekal Mandal, Nalgonda Dist.

7. Nooka Sathaiah, S/o N. Narayana, age. 54 years, Working as SGT, Central Primary School, lvlachavaram (Kalan), Shaliugouraram Mandal, Nalgonda Dist. B. Kanamathareddy Prabhakar Reddy, S/o Ranga Reddy, age 55 years, Working as SGT, Primary School, Jagguthanda, Miryalaguda Mandal, Nalgonda Dist.

9. T. Nageswara Rao, S/o Bhasker Rao, age. 53 years, Working as SGT, Primary School, Kapugally, Kodad, Kodad Mandal, Suryapet Dist.

10. R. Ravinder Kumar, S/o Sree Ramulu, age. 57 years, Working as SGT, Primary School, Khaitapur, Choutuppal lvlandal, Yadadri Bhuvanagiri Dist. 1'1 . Sakinala Harinath, S/o Somanadham, age. 54 years, Working as SGT, Mandal Parishad Primary School, Kurumarthy, Kattanguru Mandal Nalgonda Dist.

12.K. Parameshwaraiah, S/o K- Somaiah, age 55 years, Working as SGT, It4andal Parishad Primary School, Subbareddy Gudem, Mirvalaguda Mandal, Nalgonda Dist. '1 3. V. Shashidhar Rao, S/o Chandraiah, Working as SGT, Mandal Parishad Primary School, Ganesh Pahad, Damercherla lvlandal, Nalgonda Dist. ...PETITIONERS AND I '1 . The State of Telangana, rep. by the Principal Secretary, School Education Department, Secretariat, Hyderabad-22 -

2. The Commissioner and Director, School Education, Govt. of Telangana' Saifabad, Hyderabad-22.

3. The District Educational Officer, Nalgonda, Nalgonda District-508 001. 4. The District Educational Officer, Yadadri - Bhuvanagiri District. 5. The District Educational Officer, Suryapet, Suryapet District. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in refusing to grant Notional Seniority/ lncrements vide Proceedings in Rc.No. 817318212017 dl. 11-10-2018, though the petitioners are in continuous service without any break with effect from the year 1996 and having considered the said service as qualifying service for the purpose of granting B/'16 years Promotion Scale under Career Advancernent Scheme, counting the said service for the purpose of transfers and also for granting pensionary benefits, as illegal. unjust, irrational, arbitrary, discriminatory, violative of Article14,16, 2'l of the Constitution of lndia and also contrary to the settled principles of law and consequently set-aside the Proceedings in Rc.No. 817318212017 dt. 11-10-2018 of the 3rd respondent with a direction to the respondents to grant Notional Seniority/ Notional lncrements to the petitioners from the date of their initial appointment i.e with effect from the year '1996. lA NO: 1 OF 2019 Petition uncler Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to reconsider the case of the petitioners for the purpose of granting Notional Seniority/Notional lncrements from the date of their initial appointment i.e. with effect from the year '1 996 without reference to the Proceedings in Rc No. B173lB2l2O17 dt. 1 1-10-2018, pending disposal of the writ petition. Counsel for the Petitioners: SRI K.R.PRABHAKAR Counsel forthe Respondents: GP FOR SERVICES-I The Court made the following: ORDER ------ THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.16973 of 2AL9 ORDER: Petitioners rvere regular Secondarlz Grade Teachers (SGTs) having 22 years of service ald their services were taken into consideration by respondent authorities from the date ol their initial appointment i.e., from 1996, for the purpose of granting notiona-l seniority and increments. Initially, the Government issued G.O.Rt.No.67O, dated 06.05.1995 reserving9l2 posts of SGTs in favour of petitioners and later the respondent No.1 government issued G.O.Ms.No. 1 149 dated O1.11.2O03 granting regrrlar time scale r.v.e.f.,1l.O1.2OO2 to petitioners and the seniority of petitioners u,as being considered from 1 1.Ol.2OO2 instead of from the date of initiai appointment i.e., from 1996 and later G.O.Ms.No.2l dated 18.05.2010 was issued u,herein the temporary service of special teachers should be taken into account on notional basis for sanction of 8/).6 years promotion scale under automatic advancement scheme and for the purpose of pensionary benefits, the said G.O. is implemented by granting B years scale to the petitioners and the regularization orders were issued to petitioners regularizing their service 2 NBKJ W.P. No.16971 of 2019 w.e.f., 11.O).2022 whereas the petitioners were working w.e.f., from 1996, :es such they are entitled for notional seniority from the date of their initial appointment, but not u,.e.f., 1l.Ol.2OO2 Hence, this rvrit Petition.

2. Heard Mr K.R. Prabhakar, learned colrnsei for the petitioners, arrd learned Government Pleader lor Services-L Perused the record.

3. The main grievance of the petitioners is that the respondents refusing notiona-l seniority/ increments, uide proceedings dated 1 1.10.2018, oll the ground that the petitioners, though working as special teachers on a consolidated pay ol Rs. 398/- per month with a break in servi<:e after the completion ol the academic year every year, are not eligible for notional senioritl, from their appointment AS special teachers because of not having continuous service. Therefore, prays this Court to set aside the impugned proceedings dated 1 1.10.2018.

4. Learned (iovernment Pleader for Services-l filed a counter aflidavit stating that the petitioners earlier n,orked as Special Teachers in the posts sanctioned in G.O.Ms.No..l30, dated 3 NsKJ W-P. No.15973 of 2019

13.10.1983, for which separate rules were issued in G.O.Ms.No.429, dated 13.10.1983. The Special Teacher posts were not covered under the regular service rules existing at that time. As per the existing regular service rules, they were not appointed as Secondar;z Grade Teachers in the apprentice pay or regular scale of par,. Therefore, they are not eligibie for counting their service as Special Teachers towards regular Secondary Grade Teacher posts under the then existing rules. Consequently, the service rendered by them as Special Teachers cannot be counted for the purpose of seniority in the category of Secondary Grade Teachers.

5. Admittedly, it is observed that the petitioners have been rendering continuous service as Secondar5z Grade Teachers since 1996. Their initial appointments rvere made against the 912 posts reserved under G.O.Rt.No.670, dated 06.05.1995. Although the petitioners were granted a regular time scale with effect from lI.Ol.2OO2 through G.O.Ms.No. 1 149, dated

01.11.2003, and subsequently regularized with effect from

11.O1.2022, they have been continuously working since 1996. Further, G.O.Ms.No.21, dated 18.05.2O 10, provides for notional I consideration of temporary service for the purpose of promotion \ I scales and pensionar-v benefits. It mav also be noted that their appointmerlts \ rere made against sanctioned posts, their service has been continuous and without break, and G.O.Ms.No.21, dated 18.05.2O10, already recognizes such service for other purposes. tn light of these facts, the petitioners' cla.im for notional seniority from the date ol initial appointment appea,rs to be supported by the spirit of the aforementioned government orders-

6. Accordingly, the writ petition is disposed of directing the respondent authorities to examine the petitioners' claim for notional seniority from 1996, in spirit of Government Orders issued in G.O.Ms.No.21, dated 18.O5.2O1O, arrd pass appropriate orders in accordance with law, r.vith in a period of four (O4) weeks from the date of receipt of a copy' of this order No costs. Miscellztneous applications, if any pending. shall stand closed. SD/. AHMED ABDULLAH KHAN ASSISTANT REGISTRAR NOTE:- That in the Operative Portion of the Order at. na.ot .zoz5 in w.P.No.16973 0l 2019 is modified by adding the phrase "in spirit -of Governmeni orders issued in G.O.M.S.No.21, dated 18.05.2010" before the words "from '1996" as per the orders of the Hon'ble Court dt. 24.10.2025 in l.A.No.1 of 2025. This amended order shall substitute the earlier order which has already been dispatched on 11.O8.2O25 SD/ I ,TRUE COPY// I H ED ABDULLAH KHAN SISTANT REGISTRAR OFFICER To, '1 . The Principal Secretary, School Educati Hyderabad, State of Telang ana-22. on Department, Secretariat,

2. The Commissioner and Director. School Education, Govt. of Telangana, Saifabad, Hyderabad-22.

3. The District Educational Officer, Nalgonda. Nalgonda District-508 001. 4. The District Educational Officer, Yadadri - Bhuvanagiri District. 5. The District Educational Officer, Suryapet. Suryapet District. 6. One CC to SRI K.R.PRABHAKAR, Advocate [OPUCI 7. Two CCs to GP FOR SERVICES-|, High Court for the State of Telangana at Hyderabad [OUT]

8. Two CD Copies BSR HIGH COI.JRT DATED: 0810712025 24t1012025 I I AMENDED ORDER WP.No.16973 of 2019 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 6) ,l t I a z o R 1BE S C) 8{ n0u &l '.:C:iE I t l I I