Allowing regular scales to 3 Spl.Teachers who had been appointed as spl.Teachers on consolidated pay 398/- p.m.
GOVERNMENT OF ANDHRA PRADESH
District Selection Committee 1989 -
Appointment of Special Teachers -Allowing regular scales to
Sri.M.V.Nageswara Rao, Smt J.Samrajyam and K.Malakondarayudu, who had been
appointed as Spl.Teachers on consolidated pay 398/- p.m. in pursuance of
the court orders – Orders Issued
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SCHOOL EUCATION (SER-II) DEPARTMENT
G.O.RT.No. 245 Date : 21.10.2014
Read the following:
Ref : 1) From the C & DSE, AP,
Hyderabad, Lr.Rc.No.2454/D1- 4/2007, dt : 03.10.2008
2) Memo.No.18058/PE-Ser.I/2008,
dated. 26.10.2009
3) Orders of the Hon’ble APAT,
Hyderabad in
O.A.No.1124/2010 dt.10.12.2012
4) From the C & DSE, AP,
Hyderabad, Lr.Rc.No.2454/D1-
4/2002, dt : 02.03.2013, 24.12.2013
& 28.05.2014
-o0o0o-
ORDER :
In the reference 1st read above, the
Commissioner & Director of School Education, A.P., Hyderabad have
stated that, (912) SGT posts were created State-wide in G.O.Ms.No.156,
Edn., dt.8.7.1996 and these posts were filled through DSC-89 State-wide
and they were appointed as Special Teachers @
Rs.398/- p.m. in all the Districts
in the State, (53) Teachers were also appointed as Special Teachers in
Prakasam District under DSC-89.
2. The Commissioner & Director
of School Education, AP., Hyderabad has further stated that (681)
Spl. Teachers who were appointed prior to 11.1.2002 and Govt., had issued
orders for allowing regular time scale, whereas these 3 teachers i.e.,
Sri.M.V.Nageswara Rao, Smt.J.Samrajyam
and K.Malakondarayudu were appointed
on 19.11.2003 i.e, after the cut-off date. In Govt., Memo. No.13040/Ser.
VII/2004-3, dt. 4.6.2005, Govt., have issued instructions to the C &
Director of School Education, AP., Hyderabad
to watch the work of said 3 teachers
for a period of (3) years and then send the proposal if their
performance is satisfactory for taking a decision on their request.
3. The Commissioner & Director
of School Education, A.P., Hyderabad has further stated that among
these (3) teachers, one teacher viz., Sri M.V.Nageshwara Rao has filed
O.A.No.2642/2007 before the Hon’ble APAT for allowing regular time scale
to the individual. Accordingly, the Hon’ble
APAT has made the following judgment
in its interim orders dt. 14.5.2007 in O.A.2642/2007.
“to consider and pass appropriate
orders on the
representation of the applicant,
dated.01.12.2006 in the light of the recommendation of the MEO,
dated.08.01.2007 and in
accordance with rules.”
4. The proposal of the Commissioner
& Director of School Education, AP., Hyderabad was examined
keeping in view the interim orders dt. 14.5.2007 in O.A.2642/2007 filed by
Sri. M. V.Nageswara Rao, Spl teacher and it was rejected, as they were not
similarly placed as the candidates covered by
G.O.Rt.No.1149, dated. 01.11.2003.
The Commissioner and Director of School Education, A.P., Hyderabad
has been requested to take action accordingly, vide Govt., Memo. No.
18058/PE-Ser.I/2008, dated: 26.10.2009. Aggrieved to the above Memo., Sri
N.V.Nageswara Rao has filed O.A.No. 1124/2010. The Hon’ble Tribunal has
made the final orders
dt.10.12.2012 is as follows:-
“…..It is seen that the applicant
was selected as Special
teacher based on 1989 DSC
recruitment selections. But the
applicant like other 50 candidates,
got appointment through
litigation in W.P.No.10586/99 and
batch and W.P.No. 15929/ 96. A batch of 50 Special teachers from
Prakasam district were appointed on 05-11-2001, based on the orders of the
High Court in W.P.No.10586/99 and batch, where as the applicant was
appointed only on 17-11-2003. The delay in appointment of the applicant
was purely at the instance of the respondents, for which the applicant
is not responsible. The other 50 Special teachers did Adhoc service
of 5 years as they were continuing based on the High Court order.
In the case of the applicant, since the appointment order was
delayed, he could not meet the condition of 5years Adhoc service as
per G.O.Rt.No.1149, Dated 01-11-2003. Apparently, the fault was not on
the part of the applicant. In the facts and circumstances, of the case and
in view of the judgment of the High Court in W.P.No.15929/96, dated
04-01-2001, the Tribunal is of the view that the applicant has to be
extended the time scale and other benefits on par with the other 50
Special teachers from Prakasam district who were given the benefit
of G.O.Rt.No.1149, dated 01-11-2003.
Accordingly, the O.A., is allowed by
setting aside the
impugned Memo
No.18058.PE.Ser.I/2008, dated 26-10-2009 issued by the 1st
respondent. The respondents are directed to extend all the benefits to the
applicant on par with the teachers belonging to Prakasam district who are
covered by G.O.Rt.No.1149, Education (Ser.VI) Department, dated
01.11.2003. No costs.”
5. The Commissioner & Director of
School Education, A.P., Hyderabad in the reference 4th read above, has
reported that, the candidates J.Samrajyam, M.V.Nageswara Rao and
K.Malakondarayudu were appointed as Special Teachers as per orders issued
by the Govt., Memo.2056/Ser-VI-4/2003, dt : 13.03.2003 are more
meritorious that than the candidates ie., D.Nayomi and K.Ananda Rama Rao
were appointed on 11.06.2004. The above three teachers are still working
with remuneration of Rs.398 per month only where
as the candidates ie., D.Nayomi and K.Ananda
Rama Rao who were appointed after 1 Year from the date of appointment of the above 3
teachers are allowed to draw regular time scale with effect from 11.6.2011
as per the
orders Government issued in
G.O.Rt.No.489, Education, dt.14.06.2011.
6. The Commissioner & Director
of School Education, A.P., Hyderabad has further stated that, Sri
M.V.Nageshwara Rao, Special Teacher has filed C.A.No.759/2013 in
O.A.No.1124 /2010 before the Hon’ble APAT, Hyderabad for compliance the
orders dt : 10.12.2012 of the Hon’ble APAT and
requested to issue suitable orders
in the matter at an early date to avoid further legal complications.
7. After careful examination of the
proposal, Government hereby accord permission to the Commissioner &
Director of School Education, AP, Hyderabad for allowing regular scales to
Sri.M.V.Nageswara Rao, Smt.J.Samrajyam and K.Malakondarayudu, who had been
appointed as Spl. Teachers on consolidated pay 398/- p.m. and till now
drawing the same and not allowed time scale, on par with similarly
situated persons and juniors, who were appointed much later as
Spl.Teachers than the applicants and getting regular time scale as per the
G.O.Ms.No.489, Education
Department, dt.14.06.2011.
8. This order issues with the
concurrence of Fin (EBS.IV.SE.HE) Dept., vide U.O.No.25/
EBS.IV.SE.HE/2014, dt : 12.08.2014
(BY ORDER AND IN THE NAME OF THE
GOVERNOR OF ANDHRA PRADESH) ADHAR SINHA
PRINCIPAL SECRETARY TO GOVERNMENT
(FAC)
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