HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.25822 OF 2021

ORDER:

Heard Sri J.M.Naidu, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services-I I appearing on behalf of the respondent No.1 and Sri M.V.R.Reddy, learned standing counsel appearing on behalf of the respondent No.2.

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

“…to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2^nd respondent in not sanction and release the Special Grade Increments on completion of 6 years and 12 years apart from annual grade increments for the years 2008 to 2010 by considering the representation dated 12.08.2020 in spite of legal notice dated 8.11.2020 is illegal arbitrary and violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct the 2^nd respondent to consider the representation dated 12.08.2020 of the petitioner for grant of 6 years and 12 years Special Grade Increments apart from annual increments for the years 2008 to 2010 and pass…”

3. It is specific case of the petitioner that the 2^nd respondent is not sanctioning and releasing the Special Grade Increments on completion of 6 years and 12 years apart from annual grade increments for the years 2008 to 2010 by considering the representation dated 12.08.2020 of the petitioner in spite of legal notice dated 8.11.2020 and the said action of the 2^nd respondent is illegal, arbitrary and in violation of Articles 14, 16 and 21 of the Constitution of India. Aggrieved by the said action of the respondents, the present Writ Petition is filed.

4. PERUSED THE RECORD:-

A. The representation of the petitioner, dated 12.08.2020 addressed to the 2^nd respondent is extracted hereunder:-

I belongs to S.C Community having the qualifications of B.S.C. 1^st Class and B.E.D. in 2^nd class. Sir Presuance of noțification issued in the year 2003-2004 for Filling up the Vacancies of TGT, I have applied. Sir, as per Notification conditions clause 1(v) if 1^st class post Graduation degree with 55% of marks and B.E.D. with relevant subject as methodology are not available for selection, the candidates with reduced qualifications of Degree 1^st class with B.E.D. in Relevant Methodology will be considered. Sir as per Notification condition I, was selected for the post of TGT and I was appointed as Resident Teacher Vide proceedings Rc. No.2-VI/666/2003.

Dt:8-7-2003.

Sir as per society standing Order No:40/96 dt:

11.12.1996. I was sanctioned increments from to time till 2006 as Contract TGT Teacher. Sir, the then Govt. of AP has issued GO.MS. No.66 Social Welfare CRS.11, Department dt: 25-08-2006 permitting the society to Regularize the services of contract Teacher by Creating

943 posts.

Sir, the then state Government has issued GO. MS.

No: 59. Social welfare (R.S.I) Dept. dt:10-08-2007 where in at Para 8 it Specifically Stated that the Contract Teachers who do not possess the P.G. Qualification be Recruited in T.G.T cadre on Regular basis in Relaxation of the qualification of holding P.G. Degree. Sir though T.G.T 14 Vacancies are available which is made available through R.T.I to Sri Sigilambatla Ganesh Vide Lr.Rc.No.Z- VI/15400/RTI Act/2007. Dt: 24.07.2008. Which came to my knowledge in the month of July 2020.

Sir in the guise non availability of vacancies, my services were postponed and my services were regularized vide Rc.No.2V1/23807, DT:01.01.2010 duly posting me in probation for period of 3years, even though my services were sought to be regularized with effect from 1.10.2007 as per vacancies available in the Roster sir my services are to be regularized at S.No.2 against,. Sc. Women Roster vacancy which even available in the years 2007. Which is admitted in the information given to Sri S. Ganesh under R.T.I. Act. sir even though in the year 2007 there are 12 male vacancies are available I was wontonly denied Regularization of service till 2