IMPORTANT POINT
The main legal point established is that under the Automatic Advancement Scheme, employees are entitled to financial upgradation on completion of specified years of service without the requirement of possessing the qualifications necessary for promotion.

ORDER :

(P. Naveen Rao, J.)

Heard learned senior counsel Sri J. Prabhakar, representing learned counsel Smt. Kanumuri Kalyani for petitioner, and learned standing counsel for High Court for the State of Telangana, Sri Kowturu Pawan Kumar, appearing for sole respondent.

2. On 03.11.1989 petitioner joined service as Reader in the City Small Causes Court, at Hyderabad. With effect from 03.11.1991 he was converted as Examiner and later he was promoted as Lower Division Clerk (for short ‘LDC’) in the month of August, 2003. While working in the capacity of LDC in the District Judiciary his services were transferred to the High Court by order dated 14.10.2009 in the capacity of Assistant. As on date, he is working in the said capacity.

3. The grievance of the petitioner is with reference to grant of benefit of Automatic Advancement Scheme (for short ‘the scheme’) notified by the Government of Telangana vide G.O.Ms.No.65 Finance (HRM.IV) Department dated 17.06.2021. As per the scheme, an employee is entitled for Special Grade Post Scale on completion of six (06) years of service in a particular post without earning any promotion. The grant of this special scale does not require any additional qualifications. Petitioner was granted the said special scale while he was working in the District Judiciary. As per the scheme, an employee is also entitled to Special Promotion Post Scale I-A on completion of 12 years of service and Special Promotion Post Scale I-B on completion of 18 years of service only if during these two periods, he/she does not earn any promotions. However, the G.O., requires possession of qualifications prescribed for the promotion post to acquire their eligibility to secure the Special Promotion Post Scale I-A and I-B, as the case may be.

4. In the High Court service, a person working as Assistant is eligible for promotion as Assistant Section Officer. However, the person must possess graduation certificate to acquire eligibility for such promotion. As petitioner does not possess the qualification of graduation, he was not considered for promotion. On 30.09.2021 petitioner submitted representation to respondent requesting to sanction special grade increment on completion of 12 years and 18 years of service, respectively, as per the scheme noted above. The request of the petitioner was turned down vide official memorandum dated 31.01.2022.

5. Challenging the same, petitioner filed W.P.No.22477 of 2022. By order dated 28.04.2022 the said W.P., was dismissed as withdrawn with liberty to file a representation to the High Court. Consequently, petitioner submitted representation dated 02.05.2022 reiterating his submissions for consideration of grant of scales on completion of 12 years and 18 years of service, respectively. The said request of petitioner was again rejected vide official memorandum dated 17.05.2022. Aggrieved thereby, this writ petition is filed.

6. In this writ petition, the petitioner is not only challenging the rejection order vide official memorandum dated 17.05.2022 seeking consequential direction for grant of special grade scales on completion of 12 years and 18 years of service, respectively, but also seeks promotion. However, having regard to the qualification required for promotion to the post of Assistant Section Officer, learned senior counsel fairly submits that the petitioner now confines his grievance to the extent of grant of advancement in the scales on completion of 12 years and 18 years respectively.

7. Learned senior counsel further submits that the issue regarding the advancement in scales on completion of prescribed service was considered by the Hon’ble Supreme Court in Amresh Kumar Sinha and Others Vs. State of Bihar and Others : 2023 SCC OnLine SC 496.

8. Learned senior counsel appearing for petitioner submits that the Hon’ble Supreme Court has considered the similar provision and held that since what is granted under the scheme is only the financial upgradation to ensure that the employe