HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.21825 OF 2021

ORDER:

Heard Sri P.V.Krishnaiah, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services-I appearing on behalf of the respondents.

2. The petitioner approached the Court seeking prayer as under:

“…to issue a writ order or direction more in the nature of writ of Mandamus declaring the Proceedings Rc.No. 6661/B2/2017, dated 29/01/2019 issued by the Respondent No. 3 as reiterated by the Respondent No 2 through Proceedings Rc.No.1284/Ser.IV-2/2015, dated 10/04/2019 and the proceedings of the Respondent No.3 in Rc.No.6661/B2/2017, dated 16/04/2019 and 08/06/2020 as illegal, arbitrary, violative of Arts. 14, 16 and 300-A of the Constitution of India and consequentially to direct the respondents to grant Selection Grade Scale along with arrears as recommended by the Respondent No.3 through his Lr. No.6661/B2/2008, dated 14/02/2017 and to pass…”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

The petitioner was appointed as Secondary Grade Board Teacher on 08.12.1969, subsequently promoted as school assistant in the year 1999 and thereafter promoted as primary school head master on 08.05.2000, and retired from service on

31.10.2000.

It is further the case of the petitioner that while the petitioner was working as SGT, the government issued G.O.Ms.No.173 dated 13.06.1969 introducing the Selection Grade Scale, however the same was abolished completely through G.O.Ms.No.191 dated 11.11.1992 and proposed to recover the benefits extended to SGTs under the said scheme. Aggrieved by the above said recovery process the petitioner along with five(5) others filed R.P.No.15669 to 15674 of 1989 before the A.P.Administrative Tribunal and the Tribunal vide order, dated 24.12.1993 allowed the said petition by quashing the orders of recovery. Thereafter, the Respondent no.3 submitted proposals to Respondent no.2 seeking appropriate orders from the government, however, the claim of the petitioner was rejected by the 2^nd respondent vide proceedings dated 18.11.2009.

Aggrieved by the said order, the petitioner filed O.A.No.2922 of 2010 before the A.P.Adminstrative Tribunal and the same was disposed of by an order dated 05.05.2010 on the lines of order passed in O.A.No.4361 of 2009 and the benefits of the said order was extended to the petitioner. Thereafter, the respondents filed W.P.No 22506 of 2010 to assail the order passed in O.A.No.2922 of 2010 but this Court was pleased to dismiss the same by an order dated 26.03.2015.

It is further the case of the petitioner that the respondent no.3 submitted proposals for sanction of payment of arrears to the petitioner and others, however the case of the petitioner was rejected vide proceedings dated 01.09.2018. Aggrieved by the same the petitioner made a representation to the 2^nd respondent seeking to consider the case of the petitioner and in pursuance to the said representation 2^nd respondent directed the 3^rd respondent to consider the case of the petitioner for selection grade scale in terms of the order passed in O.A.No. 2922 of 2010 dated 16.04.2010. It is the specific case of the petitioner that in spite of the clear directions from the 2^nd respondent, the 3^rd respondent rejected the case of the petitioner vide proceedings Rc.No.6661/B3/2017, dated 29.01.2019 on the ground of pendency of cases in High Court with regard to the said matter and subsequently the same was upheld by the 2nd respondent vide proceedings dated 10.04.2019. Aggrieved by the same the petitioner preferred the present writ petition.

4. PERUSED THE RECORD:-

A. The relevant portion of the order of Andhra Pradesh Administrative Tribunal at Hyderabad, dated 05.05.2010 passed in O.A.No.2922 of 2010 favour of the petitioner is extracted hereunder:-

The Tribunal after examining the facts and circumstances of the case di