The government has a duty to create promotional avenues in public service to avoid stagnation and discontentment among employees.

ORDER :

1. This writ petition has been filed by the petitioner for the following relief:

“......to declare the action of the respondent No. 1 in not taking any decision on the proposal submitted by the respondent No. 2 vide Lr. Rc. No. Ser.II-1/2259/2009, dated 18.11.2016 for amending the A.P. Intermediate Education Service Rules issued in G.O.Ms. No. 302 (IE.I) Department, dated 30.12.1993 as illegal, arbitrary and violation of Articles 14 and 16 of the Constitution of India and consequently direct the respondent No. 1 to take appropriate decision on the proposal submitted by the respondent No. 2 forthwith.”

2. Heard Sri K. Rama Subba Rao, learned counsel for the petitioner, learned Government Pleader for Home for respondent no. 1 and learned Government Pleader for Services-I for respondent no. 2.

3. The case of the petitioner is that he was appointed as Typist in the year 1990 by way of direct recruitment through Andhra Pradesh Public Service Commission and his services were regularized and was promoted as Senior Assistant in the year 1997. Subsequently, the petitioner was promoted as Superintendent in the year 2008 and thereafter, got promotion as Administrative Officer in the year 2013.

4. That the post of Administrative Officer is governed by category 6 of A.P. Intermediate Education Service Rules, 1993 and the said posts exist in the offices of Regional Joint Directors and District Intermediate Education Officers (for short ‘DIEO’) in the districts. It is averred that the promotional channel is created only for the Administrative Officers working in Regional Joint Directors in the Zones and there is no channel of promotion for the Administrative Officers working in the DIEO Offices.

5. The petitioner submitted a representation on 11.05.2016 to the Government through its Association seeking appropriate amendments to the A.P. Intermediate Service Rules to create promotion channel for A.Os for promotion at the offices of DIEO/Deputy Director (Admn). Accordingly, respondent No. 1 sought for a detailed report vide its Memo No. 3434/IE/A1/2016 dated 03.06.2016 from the respondent No. 2. The respondent No. 2 submitted proposal to the respondent No. 1 vide Lr. Rc. No. Ser.II-1/2259/2009, dated 18.11.2016 for amendment of A.P. Intermediate Education Service Rules. However, the respondent No. 1 has not taken any decision on the said proposal.

6. The respondent No. 2 filed counter and did not dispute the factual aspects. In paragraph No. 7 of counter it is specifically stated that no promotion channel is available for the post of Administrative Officer working in office of the District Vocational Education Officer, which is now designated as District Intermediate Education Officer. Hence, there was stagnation in the post of Administrative Officer in the Districts.

7. In paragraph No. 8 of the counter, respondent No. 2 further stated that:

“8. The non-teaching staff Associations also represented to rectify this anomaly. Hence, after examining the matter, proposals have been furnished to Government vide CIE's Letter, dated 18.11.2016 for creation of promotion channel for the post of Administrative Officer working in O/o District Intermediate Education Officer to the post of Deputy Director (Admin) in O/o C.I.E.T.S. Hyderabad, duly Incorporating a clause of passing of the Departmental tests (a) Accounts Test for Sub-ordinate Officers Part-1 and 11, or Accounts Test for Executive Officers for the post of Administrative Officer/Dy. D.V.E.O and to make necessary amendment to Intermediate Education Service Rules issued in G.O.Ms. No. 302, Education Department, dated 30.12.1993.”

8. The respondent No. 2 further contended that a letter dated 18.11.2016 was sent for creation of promotion channel for the post of Administrative Officer working in the DIEO to the post of Deputy Director (Admn.) duly incorporating a clause of passing of the Departmental tests (a) Accounts Test for Sub-ordinate Officers Part-I and II, or Accounts Test for Executive Officer